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Employment Visa after contract was terminated.

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  1. #1

    Join Date
    May 2016
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    3

    Employment Visa after contract was terminated.

    Hi everyone,

    I need a help with my visa situation.

    I arrived HK in 02/2015 with Employment Visa and got extension on 02/2016 which will be expire on 02/2018.
    However, my employer laid off on 03/2016 which terminated my contract and they reported to the Immigration that I intend to stay in HK. Therefore I have a right to abode until the expiration of my visa.

    Here is my question. Recently I get a fixed term contract in Australia which allow me to work there for 6 months to 1 years and after that I plan to come back here to find full time job.
    However I heard from someone that if I leave HK more than 30 days, my rights to abode will be terminated.

    So is it true that I can't leave HK more than 30 days or certain period of time?
    Because I don't want any complication when I come back here.

    Sorry for very long question and thank you for an answer in advance.

    All the best,
    Kas


  2. #2

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,317

    Who told you that?

    Your visa is valid until Feb 2018, you can come and go as you please until Feb 2018.

    However, if you leave for 6+ months at a time, you will have to explain your absence to immigration if you decide to apply for permanent residency later. (It won't look good if you are disappearing from HK and saying it is your home, unless you have a valid reason that HK is still your home and you happen to be overseas)

    I'm not sure, but I would think that taking up employment overseas is likely to be cause to break your ordinary stay in HK. So it depends on what your goals and situation is...

    Last edited by MandM!; 15-05-2016 at 10:08 PM.
    Kas86 likes this.

  3. #3

    Join Date
    May 2016
    Posts
    3

    Hello MandM!

    Thank you so much for the answer.

    I'm relieved to hear that there won't be a problem when I come back.
    At the moment, I'm not interested to apply for permanent residency.
    However I've been here only for a year so I don't mind if I have I start over the 7 years of continuous residency to apply that.

    The rights to come back and have 1 more year to look for full time job is enough for me.

    Thanks again for a very useful answer.

    Have a nice day,
    Kas


  4. #4

    To be safe, its best to ask the Immigration Department rather than rejoice in hearsay. Each case is different and may lead to a different outcome - often a surprise and sometimes nasty if one has a pre-arranged plan.
    There are a few question marks in your case; the extension based on the job which attracted the original work visa yet the job ends a month after the extension was secured, your intention to look for a permanent job in Hong Kong and yet no effort to use the visa now too look for the job, but the determination to spend six months to a year in Australia which signals job-hopping to pay for a holiday around the region.
    Your employer in Australia cannot be too happy if they know you plan to quit even before you arrive unless it is another temp.

    Kas86 likes this.

  5. #5

    Join Date
    Feb 2011
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    Hong Kong
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    Sorry what are the question marks?

    If OP has an employment visa, he has one. If you terminate job after employment visa renewal, it doesn't raise a flag to terminate the visa, or does it?

    Your points mentioned are valid for the case of permenant residency which the OP said he doesn't care to get.

    Kas86 likes this.

  6. #6

    Join Date
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    Sarcasm - because beating the crap out of people is illegal
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    "Therefore I have a right to abode ..."

    No you don't. Right of abode comes with permanent residency. An employment visa can be revoked in some circumstances.

    shri, MandM!, Kas86 and 1 others like this.

  7. #7

    Join Date
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    Hong Kong
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    6,317

    Yes very true. You don't have the right of abode.

    Very likely you have the right to enter and remain in HK until your visa expiry.

    What are reasons an employment visa can be revoked. The obvious ones, getting a visa with false information, anything else?

    Kas86 likes this.

  8. #8

    Join Date
    May 2016
    Posts
    3

    Thanks guys,

    The answer is clear to me.

    Kas

    **By the way, my ex-employer's decision to lay off was made after my visa extension and they explained to Immi already. So I couldn't do any thing about it.
    **And my employer in AUS is the one who offered fixed term contract (6 months) which I have to accept because I couldn't find any full time job in HK. So I have to leave them at the end even I want to stay.


    Not sure but could this be the reason to revoke my visa?

    Last edited by Kas86; 18-05-2016 at 08:51 PM.

  9. #9

    Your visa until 02/18 is firm in that it allows you in/out of HK using your ID card. However, you can't work for a new employer in HK without getting a new visa.
    Going away somewhere for whatever period is also OK, but the comments on a permanent ID application are valid. ImmD are unlikely to accept this absence from HK in an ROA application. If you're keeping a rented/owned apartment during that time, you might be able to cloud the issue a little.
    Don't worry about being in Aus for 6 months if all you want to so is come back to HK in 6 months for a new job.

    One thing is that it does seem that employment visas are becoming more difficult these days. As you already have an employment visa, it would seem that you fulfill the basic minimum standards to obtain such a visa. Your potential new employer still needs to do the work to get the visa granted. my understanding is that they are now more tough on the "recruiting locally" rule - can they find a local that can do your job. Languages or specialised skill sets are what is needed.

    Good luck

    Fiona in HKG likes this.

  10. #10

    KAS86. You got my point. You have a prima facie case for both termination of contract a month after visa extension here (I am sure this is noted but nothing is written and said to you) and short-term employment in Ossieland. Keep your documents.
    But right of entry and right to work are separate visa categories as MrRotavator seems to mean below. As you left the job under which the work visa was issued and renewed, only the right of entry remains. You need a new work visa for another job submitted by your new employer.
    Be careful you do not give the impression or actually re-enter as if you are still working for your original HK employer. You can re-enter as a tourist anyway unless you are from one of the restricted countries..
    Nice place to work and live here but get the papers right for a trouble-free time.


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