Applying for an employment visa after a training visa in Hong Kong

[m_arckessler]

Hi all,

I currently, I have a training visa which is restricted to 6 months (expires in June) without the possibility of an extension or a subsequent transfer to an employment visa.

Now my company would really want me to stay as I surpassed their expectation, but unfortunately due to the above mentioned reasons its not possible (now) as I'm on a training visa and the purpose of a training visa is that I take the experience that I gained in HK back to my home country.

But I'd like to ask you guys what if I go back to my country for six months and then apply for a normal employment visa for 2021, then it wouldn’t be considered a transfer and I would have “applied” my knowledge that I’ve received in HK during that period in my home country (which is the purpose of a training visa).

I would really appreciate your thoughts on what my chances are for a successful application for 2021 as well as if you think going back for 6 month is sufficient.

My background:
- Swiss/American citizen
- 4 years of working experience
- Graduated a business school in Switzerland (no bachelor degree)
- English, German, Swiss-German, French

It's my biggest wish to come back next year.

Thanks so much and best regards,
Marc

[shri]

Start the process now or as soon as possible / before you leave.

It is entirely possible, depending on how your company creates you job application and shows that local candidates were not hirable.

[m_arckessler]

Okay thanks so much!

- Yes, my contract is already signed for January 2021, but don't you think that I have to wait with applying until my current visa has expired?
- And what kind of proof does the company need to show that they couldn't find a local? My position is entry-level so do you think its going to be hard to proof that?

[chuckster007]

Doesn't the company that you are training with have any other people on work visas?? are you the 1st one??

Entry level position?? Usually the company will have to show that they posted ads and couldn't find a suitable local candidate that could do the job but if you say yours is a entry level position, what kind of job title is it, do you think a local HK resident could do the same job as you??

[m_arckessler]

No, there are approx. 3 other employees on a work visa.

Job title is Business Development Analyst (blockchain business), so I'm pretty sure that HK residents could do the job but they might not have the IT experience that I have.

Do you think that if the company just shows them the job posting and tells them that they couldn't find a suitable candidate is enough? I mean perhaps they would have had the right qualification but in the end its up to the company to decide right?

[SonicYouth1]

Doesn't the company that you are training with have any other people on work visas?? are you the 1st one??

Entry level position?? Usually the company will have to show that they posted ads and couldn't find a suitable local candidate that could do the job but if you say yours is a entry level position, what kind of job title is it, do you think a local HK resident could do the same job as you??

Well I am responsible for hiring for 6 of our offices, have completed several transfers and work visas for staff, most recently for a Brazil - Myanmar and now Indonesia-HK transfer as well.

For entry-level positions, I do know that our company doesn't sponsor work visas. Ad this isn't down to purely policy reasons, it's because the Labour Dpt in HK rarely will grant these kind of visas so for us to go through a hiring process (which could take 2-3+ months) and then applying for work visa (again another 6-8 weeks), logically you can see why hiring a graduate who's immediately available is more attractive. And grads in HK often do have internships, or even international internships at large MNC's so it's v v competitive out there.

And have you spoken about salary with the company? Would you be able to live off an entry level package as an expat?

[m_arckessler]

Thanks so much for your answer.

There's no problem from the company side as they really really want me back. Contract is already signed.
Now it's more about the actual work visa application and how the company can show that they couldn't find a local candidate for this (entry) position. Any tipps on that?

Appreciate your time!

[chingleutsch]

Best reason would be if they could write in the job description that the job requires someone who can speak directly to offices/ technicians in Switzerland (not knowing whether or not that is true, I won't suggest doing anything shady ...). Over the last couple of years ImmD has become increasingly fussy about employers providing proof that they have sought local people to fill the role.

[Fiona in HKG]

You got quite a number of responses on your other thread yesterday. Now you have added in that you are on a training visa and what are the odds of coming back six months after the expiration of your six-month training visa - would have been good to have all the info at one time.

https://geoexpat.com/forum/54/thread356291.html

Much of my response in that thread remains. With regard to going from a previously expired training visa to a GEP visa, this may raise some Immigration eyebrows. Firstly a question I would have is why did your training visa sponsor only cover six months and not the full 12 months maximum period? Or did they try and were knocked back and of course the usual questions of what has been done to try to hire locally.

I have successfully processed one of these at the beginning of 2019 (having advertised for the role) and managed to get it through based on language abilities and our own future plans, with how this individual would be put into a position to support our expansion.

BUT things are different now and all the possible blocks mentioned in the other thread, will apply to protect our local talent pool.

[Fiona in HKG]

Just as an add-on there is an unspoken rule (we know it but it's never posted anywhere by Immigration) that jobs under 20k won't even be considered. Will you be earning substantially above 20k? As an example, the job I was previously looking for was coming in at 23k.