working permit issues

[beachball]

ok Jimbo but there are a lot of people in my case, working for international firms that should be deported should you apply that to the letter....would be pretty messy for business...but I will act upon Er2's advice and consult an immigration lawyer.

Why would that be? It does not say anything about it being illegal to conduct business while visiting Hong Kong. Now being based here and being employed here (i.e., getting paid here) are different matters...

[er2]

Visitors are not allowed by law to take up employment (paid or unpaid), to establish or join in any business, or to enter school as a student, nor, except in the most unusual circumstances, are visitors allowed to change their immigration status after arrival.

jimbo, I think here it requires really nitpicking - ocean13 may not be employed, nor may he himself establish a business, but doing the same here for his overseas company is a different matter. I mean, how else would all these overseas companies establish their local branches

All I mean is his current status should be legal - your quote might however explain why the visa procedures take so long...

[ocean13]

thanks beachball and er2, I am indeed transacting business for my company overseas whilst trying to establish the company over here. Besides, my company has provided immigration with an employment contract.
I agree with er2, how do you want to establish a business otherwise...
What worries me is that most people in my case have had their visa approved in a matter of weeks and mine still has not come through. I do not think it is a problem on my file but the accountancy company that is incompetent, or lazy, or both!
Has anybody been in that situation and having to leave HK to renew tourist visa?

[mjk]

I do not think it is a problem on my file but the accountancy company that is incompetent, or lazy, or both!

I would assume this statement is correct. It is really a very straight forward process and you can easily deal with it yourself by going to immigration, filling in the respective forms and providing copies of the few additional documents they require. It is anything but rocket science, and if you are not so busy with your work that you can not spare 2 hours, there would be no reason to ask a third party to do it.

My case was very similar to yours. I moved to HK first, started working, downloaded the necessary form, took an hour or so to get everything ready and submitted the paperwork myself over lunch. Took me less than a morning and within two weeks everything was approved. I feel it is much easier to talk to immigration directly, than going via a consultant or accountant.

[Sinclairguy]

My case was very similar to yours. I moved to HK first, started working, downloaded the necessary form, took an hour or so to get everything ready and submitted the paperwork myself over lunch. Took me less than a morning and within two weeks everything was approved.

If the work you're doing in HK requires that you apply for a work permit, and you're working in HK during the processing period before you've actually obtained a work permit, then surely that work is illegal?

Assuming you're doing the same work during that processing period as after you've aquired the visa. Or else why would you even need a visa?

It's nitpicking, but technically you were breaking the law and working illegally. Fortunately you were probably a well dressed businessman in a shiny corporate office, so unlikely to be deported, but in essence it's illegal the same way that it would be for anyone else. It is not the same thing as being a visiting businessman who's staying in the Hilton for a few nights and makes a few business trips to visit colleagues.

[ocean13]

thanks mjk for sharing your experience, we thought that going through the company accountant would make it easier but it is proving a nightmare...it should have been straightforward indeed! I'm afraid they are really messing up my situation now...
@ sinclairguy: if it really were illegal, golden suit or not, immigration, of all people, would have surely deported him there and then instead of giving him a working permit, wouldn't they?

[ocean13]

@sinclairguy: staying at the Hilton for 3 months was not an option...;-)

[PDLM]

Now being based here and being employed here (i.e., getting paid here) are different matters...

Er, no. If you are based in Hong Kong and you do work here then you are employed here. Where the pay cheque comes from each month is irrelevant. Many expats employed in Hong Kong are paid from overseas.

Being employed here, you should also, of course, be paying taxes in Hong Kong, but I guess you aren't doing that either.

[ocean13]

Hi pdlm, this whole issue is very confusing....all I want is to settle my situation asap. I am indeed still paying taxes in the UK - and not getting away with anything! I would rather pay 16% than 40% of course...

[MrLister]

if it really were illegal, golden suit or not, immigration, of all people, would have surely deported him there and then instead of giving him a working permit, wouldn't they?

I doubt very much he'd have gone up to immigration and said "by the way, I'm working at the moment whilst you're processing my visa". It explicitly says not to take up employment until you have your HK ID when you submit your application.

It's probably quite common though, but still it's not legal. The correct way to do things is to process your visa and all the paperwork before you take up employment...