Going out/in of HK after quitting Job

Closed Thread
  1. #1

    Going out/in of HK after quitting Job

    Hi all,

    I've been working in HK for 3 years and will quit my job next month, leave HK for few weeks/1 month to relax, and come back to look for a new job.

    Although my working visa will be officialy cancelled, can I still use my HKID to exit HK and come back? (it's however valid for more than a year)

    What is the tolerance to stay in this situation? (until a new job/income requires to renew the visa)

    Thanks!


  2. #2

    Join Date
    Aug 2007
    Posts
    504

    If ur visa is cancelled then u cant use your ID. But u can return to HK on a tourist visa and once u get a new job and visa then u can use your ID.

    But PDLM will give u all the links etc exactly what u can and cant do


  3. #3

    Join Date
    Sep 2004
    Posts
    268

    if your current employer informs immigration dept about your employment termination, then your employment visa gets cancelled. you can't enter HK in employment visa.


  4. #4

    Join Date
    Nov 2004
    Posts
    1,419

    this is NOT true...your employer will (must) inform immigration about your termination of employment, BUT your visa will still be valid UNTIL THE EXPIRY DATE IMPRINTED ON THE VISA STICKER ITSELF...in fact, if you then find another sponsor, you will have the sponsorship of your current visa transferred (they'll add a sticker to the current visa page) until the expiry of the current visa , and will then have to renew your visa at that time..in the meantime you can enter/exit HK as often as you like while your visa is valid.

    I am speaking from my own personal experience with this situation, with a 3 month gap between jobs, and 10 months left on my visa after I quit my sponsored job.

    Last edited by timklip; 31-03-2009 at 03:40 PM.

  5. #5

    Thanks Timklip, this is more flexible than what I thought.
    So basically as long as I stay in HK without having a new income/job, I'm free to go in/out with my current HKID until it expires in 1 year. It gives time to think about new opportunities.

    Anybody experienced it to take the time set up it's own business and transfer the visa into a business one? (if we match all the criteria of business plan/employment of local etc..)


  6. #6

    Join Date
    Jul 2005
    Posts
    80

    Pls help or advice

    Get informed by HK Immigration that my husband has breached the law by not informing them when he changed his job, and they said it is a criminal record. This is all started because the 2 HR not doing the jobs they supposed to (the previous employer did not inform the Immigration, and current employer did not follow to apply for new visa) and we did not know it is our duty to inform. It is too late now to point fingers but we do need to ask if anyone experienced this and got a call for an interview with the HK Immigration? We heard that we might get sued by the officer if they "feel" that we intended to deceive them. This is just a mistake for not knowing the law well, but what is the penalty for this? We can't possible intend to deceive anyone right, since we are still paying taxes every year....

    Sigh, pls ..any advice will be appreciated!!!


  7. #7

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    The employers have both committed offences - the first in not informing ImmD that your husband left their employment, and the second in employing someone illegally. But it is not the new employer's job to apply for a visa. Visa applications are made by the person concerned. The potential employer is the Sponsor of the application, not the applicant. You need to apply for permission to transfer sponsorship of an Employment Visa, and it needs to be granted before you can start working with the new employer.

    Your point about taxes is valid and I guess they will understand there was no intent to deceive, but ignorance of the law is no defence, especially these days when all the information is so readily available online - the ImmD website is very clear and comprehensive.

    Your husband has no option but to be very apologetic and grovel lots. If ImmD is convinced then you'll probably get away with it, but if not your husband (and the employers involved) could well be prosecuted, the result of which would probably be your husband being deported and the employers being fined. But this isn't very likely so long as your husband is suitably contrite with ImmD.