Visa before seeing contract???

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  1. #1

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    Question Visa before seeing contract???

    Hello,

    I have an odd situation that I m looking for some advise on. My girlfriend and I recently moved to Hong Kong, I m in the process of getting my RTL through my father and my girlfriend is interviewing for english teaching positions. She recently had a few interviews with a perspective kindergarden school that wants to hire her. Today she went in to discuss the contract details, however they informed her that they could not give her any contract details (ie.: hours, pay, living expenses, length of term, etc...) until they were able to see "IF" they could get her sponsored. They subsequently asked her to bring them copies of all her relevant documents to get the process started. Does this seem a bit odd? Kind of a catch 22, is this normal? She has a BA in Communication, an Advertising Diploma and lots on training experience through various employers with reference letters. Can anyone offer some insight?


  2. #2

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    PK,

    I doubt it is odd. They might not want to let out information unless they were going to make a formal job offer which in this case sounds like they want to see that she has all the right documents first or they are just wasting their time.

    She should take what they need in to them as they will likely have experience in getting staff in to HK.


  3. #3

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    Don't do it - any visa granted is linked specifically to the employer that sponsors it. She has no negotiating power whatsoever in this situation.

    Much better is for you to get married as soon as you get RTL and then she will get a Dependant Visa which enables her to work for anyone. She will then be in a much better negotiating position.


  4. #4

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    I'm with Football16, it does not seem weird to me.

    My office in New York City employs a lot of expats and we have run into challenges previously when we have made made an offer to someone based overseas (after a long time consuming interview process), only to find that they are not illegible for a work visa and/or can't start when we need them to due to visa requirements.

    To make a long story short we almost ended up with a lawsuit with the potential employee - not a good way to start any working relationship!

    As such I believe it's now standard practice to check visa eligibility of those on the short list as part of the final decision process - I'm thinking this situation may also apply to your girlfriend too (just make sure her company is checking out IF they can apply e.g. showing all the relevant documents to their lawyers etc and not actually applying for one as you'll be tied down to whatever conditions they have filed)

    All the best.

    Last edited by Poppalicious; 13-03-2009 at 02:57 PM.

  5. #5

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    The job offer should be made "subject to a visa being approced" but the offer has to include the salary, hours etc.

    In any case the salary is something that the needs to be on the application form that goes to Immigration. My suspicion is that this employer will put a high figure (say HK$25K) on the application form (which the employee will not be able to see, having been asked to sign the blank form before it was completed, and not seeing the full package of supporting documents). They will then actually pay here perhaps half of that.

    There are a LOT of rogue language centres here which take advantage of people's naivety in this way.


  6. #6

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    Quote Originally Posted by PDLM:
    The job offer should be made "subject to a visa being approced" but the offer has to include the salary, hours etc.

    In any case the salary is something that the needs to be on the application form that goes to Immigration. My suspicion is that this employer will put a high figure (say HK$25K) on the application form (which the employee will not be able to see, having been asked to sign the blank form before it was completed, and not seeing the full package of supporting documents). They will then actually pay here perhaps half of that.

    There are a LOT of rogue language centres here which take advantage of people's naivety in this way.
    Agreed. And some will charge the candidate a fee for the visa if they don't accept the offer; others add a visa fee to what is 'owed' if the candidate leaves within the contract term.

  7. #7

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    Quote Originally Posted by PDLM:
    The job offer should be made "subject to a visa being approced" but the offer has to include the salary, hours etc.

    In any case the salary is something that the needs to be on the application form that goes to Immigration. My suspicion is that this employer will put a high figure (say HK$25K) on the application form (which the employee will not be able to see, having been asked to sign the blank form before it was completed, and not seeing the full package of supporting documents). They will then actually pay here perhaps half of that.

    There are a LOT of rogue language centres here which take advantage of people's naivety in this way.
    Wow! That was quick thanks all!

    This makes sense to me, I have heard of these "rogue" schools and how people can get caught up in bad dealings with these types of people, which is what we want to avoid at all costs. So if she were to go back to this school, she should ask to have a written contract detailing all vitals and have it include a "subject to visa approval" type clause in it? (So to speak), another quick question on the RTL/Dependent VISA, does anyone know how difficult it is to attain this status? I've read some of the requirements that suggest that I would have to prove that I can support her financially. Currently we are both unemployed (living with my parents while we get setup), both on visitor visas (waiting for my reply from IMMD)...so what I m asking is, can a guy who is unemployed living with his parents marry his girlfriend (whom is also living with me and my parents!) and get her approved as a dependent? Bear in mind that she is actually much more employable then me as she has higher education diplomas while I do not...

  8. #8

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    Having a place to live certainly helps, but if you have zero income and zero savings then getting the dependant visa might be tricky - having said that I have never heard of anyone with RTL/ROA being refused a spouse dependant visa on those grounds.


  9. #9

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    Quote Originally Posted by PDLM:
    The job offer should be made "subject to a visa being approced" but the offer has to include the salary, hours etc.

    In any case the salary is something that the needs to be on the application form that goes to Immigration. My suspicion is that this employer will put a high figure (say HK$25K) on the application form (which the employee will not be able to see, having been asked to sign the blank form before it was completed, and not seeing the full package of supporting documents). They will then actually pay here perhaps half of that.

    There are a LOT of rogue language centres here which take advantage of people's naivety in this way.
    anyone who would actually sign a blank form deserves to get ripped off...that's beyond moronic...i agree with you, walk away fast!

    At the very least, she should get a letter of appointment, which should state position, salary, and length of employment. It doesn't have to be a signed contract that is submitted to IMMD.
    http://www.immd.gov.hk/pdforms/ID(E)991.pdf
    Last edited by timklip; 13-03-2009 at 03:49 PM.

  10. #10

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    One more question if I may! When it comes to my girlfriend giving this school in question her info/details, would they not need her to sign some forms before they can even start the visa application process?


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