working permit issues

[ocean13]

Hi, I moved to HK nearly 3 months ago as a Director of the newly created branch of our company. All the paperwork was submitted to the secretary, an accountancy company called Chang Leung Hui & Li C.P.A. Limited, upon my arrival and I was assured the visa procedure will be plain sailing. Nearly 3 months on and more paperwork later - including a ludicrous amount of money to have my degree translated! -, there is still no sign of my visa....I am now in a situation where I need to get out of the country to get another 3 months tourist visa.
I have a few questions I wanted to ask this forum:

1- Has anybody used this company before and if so, what was the result?

2 - Can I change accountant in the middle of the process without compromising the procedure?

3- Shall I go myself to immigration and explain the situation this week or just check out of Hong Kong and re-enter?

4- I have also heard that going to Macau is no longer working and I would need to get to the Philippines or a neighbouring country. Is this true?

My presence in HK is legitimate and, having all the necessary documents, I believe the visa procedure should be straightforward.
Any advice appreciated!

[jimbo]

Ummm how can your presence be legitimate if you're conducting busines without a valid visa?

You're breaking the law and if you go to immigration then you're in big big trouble and any ongoing visa application is likely to be cancelled etc.

[ocean13]

Interesting...the incorporation of my company has been accepted months ago, I have a sponsor, an office and a pretty solid case...most people I know have transferred from London whilst the working permit was being dealt with. I have not tried to work here illegally, quite the other way around, so I can't see why I should be in big big trouble!

[MrLister]

He didn't actually say he was working, did he?

He said "I moved to HK nearly 3 months ago as a Director of the newly created branch of our company". Being a director doesn't mean he's specifically going into work each day and conducting business. Though, he probably is... but that's making an assumption.

[MrLister]

most people I know have transferred from London whilst the working permit was being dealt with.

There's nothing wrong with that. But it's if they then go into the office, work and get paid, whilst "it's processing", that they're working illegally.

But I wonder. Some international companies I've worked before, fairly big European companies, had staff from their EU offices fly out to HK for a week every now and then, usually coming into the office and presumably 'working' - I think their purpose was to train local HK staff. Though they seemed to just stay for a week, and presumably didn't get paid especially for their services in HK. Were they working illegally? I guess following the letter, then yes they were, but it seems pretty much 90%, or more, of international companies have people come over from Europe or the US to do such things, and they're always just on a tourist visa...

[ocean13]

Well, it's an interesting thought and I guess that most people who transfer over or come here on business are illegal immigrants.....that would be the case for most foreigners at one stage or another...
So, in my case, nothing to do but dodge immigration?

[er2]

ocean13, best you do is contact an immigration lawyer as all you will get here in this forum isn't really rock solid. I consider it highly unlikely however that you're illegally here. Most countries admit you for business / leisure reasons with the same status as long as you a) stated correctly what you are going to do and b) are not employed by a local company. This is a key difference. Example - you come here to train some staff of some company. This company pays your UK company which pays you - no problem. If you're a freelancer, though, and write the invoice yourself - then it is a problem. But no, the thousands of business folks occupying the Hyatts and Hiltons aren't illegal immigrants.

There is usually a maximum stay set for such business trips, though I'd be surprised if it was less than half a year. So shouldn't be a problem for you. Make sure though you don't get a penny from your local office until you have a work visa.

Anyway, all I wrote here is generic and applies to what I know from former colleagues who worked in the US, in Singapore or (15 years ago) my dad in Canada. You'd better quickly sort out the specifics with a local immigration lawyer.

Since your presence here seems to be of some importance to your company, I'd get that lawyer asap and have him sort out with your current agent what the problems are. I've no idea how long a work visa takes (my student visa took three days ) but if it takes three month they should be able to name a problem.

[ocean13]

Hi Er2, thank you so much for your reply, this is really useful! I do not believe I am here illegally but getting a professional advice on the matter seems like the right thing to do...I did not think it would be such a headache!

[jimbo]

You'd better read this then

The Government of the Hong Kong Special Administrative Region - Immigration Department

part 2

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.

[ocean13]

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.