Like Tree20Likes
  • 1 Post By Fiona in HKG
  • 2 Post By emx
  • 2 Post By lighthse003
  • 3 Post By shri
  • 1 Post By MandM!
  • 2 Post By MandM!
  • 1 Post By chuckster007

Changing employer in Hong Kong visa.

Closed Thread
  1. #1

    Join Date
    Mar 2015
    Posts
    1

    Changing employer in Hong Kong visa.

    Hi All. I had worked in HK from 2014-2016 (2 years) in a contract position. Due to management decision the contract was not renewed and I was sent back to India finishing all the exist formalities in HK. Now I have quit the current employer, my employer said, they will send a cancellation request to terminate my visa once I come back to the base location, it that true ? but the visa is still valid till jan 2017 printed in my passport.

    How can i confirm the status ? Is that possible for me to come back to HK, search for a job and find a new employer with my existing visa. Can i use the same HKID which i was using earlier. What is the procedure to if I want to change to my new employer. Do i need to get any confirmation from my old employer as I am traveling with the work permit provided by my old employer. pls help.

    Last edited by ksunilt; 10-08-2016 at 03:16 AM.

  2. #2

    Join Date
    Dec 2009
    Posts
    6,731

    You can come and go using your ID card/visa until Jan 2017.

    You just can't work for anyone new until you find a new sponsor for your work visa.

    shri and MandM! like this.

  3. #3

    Join Date
    May 2008
    Location
    DB
    Posts
    3,699

    A company cannot cancel an employment visa, they can only confirm cancellation of sponsorship, which is why the letter is sent to Immigration. As advised by emx, on a normal employment visa it is valid for you to stay in Hong Kong until the expiration date, and come and go, but you need to process a change of sponsor to revalidate the employment status of the visa.

    shri likes this.

  4. #4

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,317

    Your HKID card belongs to you forever, it is simply an ID document.

    Your visa in your passport let's you enter HK under those conditions. Example in your case is allowed to stay until Jan XX, 2017 to work for approved employer only. Otherwise, you enter as a tourist you have 14 days I think.

    The employer must notify immigration and tax department when an employee relationship terminates for any reason. This does not affect anything. Employer can not cancel your visa. However you should have a termination letter copy from your old employer as you will need it to change visas to a new employer later, otherwise you might have trouble.

    @fiona, can the employer technically cancel the sponsorship? On the application, the employer takes the responsibility to repatriate the employee back to their home country (if they overstay?). If an employer terminated a staff and they overstayed in HK, would the employer technically still be liable for them?

    ksunilt likes this.

  5. #5

    True but non permanent HKID cards can become expired when the condition of stay changes. Government services such as public hospitals and clinics can ask to see your valid visa or label in addition to your HKID cards to check if you are an eligible person for low cost fees. Banks, depending on their policies, may also ask to see your valid visa or label.

    Your ID card number will be the same forever, but if the codes indicating your condition of stay need to be changed, you are required to apply for a new card free of charge.

    HK permanent ID card holders who have lost the ROA but have the RTL should apply for a new ID card.

    Quote Originally Posted by MandM!:
    Your HKID card belongs to you forever, it is simply an ID document.
    shri and ksunilt like this.

  6. #6

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,317

    Sorry, not true at all!

    Your ID card is forever, and does not expire. If it expired, then there would be an expiry date. Your thinking is that a HKID card entitles you the right to stay in HK, that is not true. It is simply an identity document.

    Immigration checks your identity via your HKID card and cross references there system to see if you have a current condition of stay, then allows you into HK. If not, then you use your passport and enter as a tourist.

    Hospitals do not ask for your passport or visa label. It is simply a visa label, not both a visa and a label, they are in fact the same and one thing. Hospitals use your HKID card to register you and I think they can check online if you are eligible for the resident rate. However, I personally don't think they even check and that a HKID card can be a ticket to cheap medical care, even if your HK residency ends. Of course there are no guarantees.

    I think you can use your HKID at the public library forever, regardless of visa status. It remains your library card.

    Banks will need a permanent resident HKID card OR they will require your passport.

    Quote Originally Posted by lighthse003:
    True but non permanent HKID cards can become expired when the condition of stay changes. Government services such as public hospitals and clinics can ask to see your valid visa or label in addition to your HKID cards to check if you are an eligible person for low cost fees. Banks, depending on their policies, may also ask to see your valid visa or label.

    Your ID card number will be the same forever, but if the codes indicating your condition of stay need to be changed, you are required to apply for a new card free of charge.

    HK permanent ID card holders who have lost the ROA but have the RTL should apply for a new ID card.
    ksunilt and rkenia852 like this.

  7. #7

    Join Date
    Dec 2002
    Location
    θ–„ζ‰Άζž—
    Posts
    48,142

    MandM I can confirm that the govt hospitals do check on the validity of your residency visa.

    MandM!, Claire ex-ax and rkenia852 like this.

  8. #8

    Join Date
    Feb 2005
    Location
    Manchester, UK
    Posts
    7,801
    Quote Originally Posted by shri:
    MandM I can confirm that the govt hospitals do check on the validity of your residency visa.
    Yup my wife works in PYNH in Chai Wan and they check, All frontline admin staff check.
    ksunilt likes this.

  9. #9

    Join Date
    May 2008
    Location
    DB
    Posts
    3,699
    Quote Originally Posted by MandM!:
    @fiona, can the employer technically cancel the sponsorship? On the application, the employer takes the responsibility to repatriate the employee back to their home country (if they overstay?). If an employer terminated a staff and they overstayed in HK, would the employer technically still be liable for them?
    Good question MandM!. Yes, you probably do remain liable for repatriation based on Form ID990B, if they fail to cover the cost themselves - though I've never heard of this happening. Can anyone shed some light from actual experience of this happening after all separation has been completed by the employer?

  10. #10

    Join Date
    Aug 2015
    Posts
    112
    Quote Originally Posted by MandM!:
    However you should have a termination letter copy from your old employer as you will need it to change visas to a new employer later, otherwise you might have trouble.
    What happens if there is no termination letter from the former employer?Also what can be done to reduce or avoid the 1 month waiting peroid while waiting for new visa approval?MOst of the HK employer wont give termination letter on the last day after whcih new company is able to apply for new visa application and the candidate has to wait 1 month for approval process. How can one reduce or avoid this waitinf period?Please advise.Thanks,Green2020