start working wihout visa

Posted by Almiraleg (258 days ago)

Hello there,
If anyone could give me advice, it would be great!
I have just found a job in a chinese company and they want me to start working without the working visa. They will apply for it in the meantime but I am not very comfortable with the situation. Is it legal? Should I tell them that I'll only start when I get the visa?

Please help!
Thanks

(I am based in Hong Kong)

Posted by sk76 (257 days ago)

I am no expert, but would have to say that it sounds illegal.
They really shouldn't be pushing you to start work without the necessary documentation in place first. Since they are a chinese company, then surely their own HR dept should know the rules/regulations here, no???

(I am based in Hong Kong)

Posted by jwm (257 days ago)

I guess it depends on the company and if it is reputable, you can enter into the country on a tourist visa for 60 days I believe and once your work visa is issued you would need to exit and re enter underb the work visa. Only problem is if the fire you in those two months, you have no recourse against them.

If it's a good job, might be worth the risk, happens all the time here in HK

(I am based in Hong Kong)

Posted by Mango33 (257 days ago)

jwm

this NOT happened all the time in hk. only a rubbish company do illegal things.

(I am based in Hong Kong)

Posted by lace (257 days ago)

jwm - I don't agree with you. It is completely illegal to work without a work visa. You can look for a job while you are here on a tourist visa, but you cannot start working.
almiraleg - Don't do it. Tell them you start once the work visa has been approved.

(I am based in Hong Kong)

Posted by GreenValleys (257 days ago)

Not sure if it's relevant or not, but I got the impression that the job was based in the mainland and not HK. Anyway, to work without a work visa in either location is illegal. I would think that in HK only a shonky operation would try getting away with that; but in the mainland I understand that it's a fairly common occurrence. Maybe that just means there are more shonky operators over there. I read of a case recently (on this site?) where a teacher was employed in the mainland by what was obviously (hindsight is a wonderful thing) a shonky operator who promised to get the work visa issued asap, but after about 2 months the teacher was fired and had not been paid. No recourse because he was working illegally in the first place and therefore just as guilty as the employer. My recommendation? DON'T DO IT. If the employer is prepared to do this sort of thing now just think what he's likely to do just around the corner.

(I am based in Jakarta)

Posted by jwm (256 days ago)

I did not say it was legal, but what I did say is that companies do do it all the time, and Yes, MANGO33, even reputable companies do it, Ofcourse unless you know the ineer workings of every company in HK, do you?? if not wake up and smell the coffee, reality is an amazing thing. Stop living in your dream life

(I am based in Hong Kong)

Posted by GreenValleys (256 days ago)

...and the coffee still smells better if you know you're working for a company that doesn't break the law!

(I am based in Jakarta)

Posted by Shoe Girl (256 days ago)

I obtain visas for clients all the time and I can tell you definitely that it is ILLEGAL to work in HK without a visa. If you get caught, you will be deported and the company employing you will get a fine and could even get 6 months in prison. There are other implications involved, for example, MPF. Obviously if you're working illegally, your employer will not be paying MPF payments for you. If you get injured at all, you have no recourse. If your employer is genuine, it only takes 4-6 weeks for a visa to get approved. Don't risk it.

(I am based in Hong Kong)

Posted by evildeeds (256 days ago)

Yes it is illegal to work without a visa in HK, and there are penalties. But companies big and small do it all the time. Reasons - well there are many actually.

Stating that it's 4 - 6 weeks for a visa to be approved is easy if you work in one of the "normal" sectors of HK but go outside of those realms and things are more difficult. The nationality of those who are trying to get the visa can also be an issue. Try for a Filipino or a Taiwanese - see how long that takes!

Some companies get around this for a while by applying for China visa's while waiting. I know one company last year that employed an American guy (huge salary - great job), but had to wait 9 months for a work visa - the immigration department had no idea of that sector on industry and sat there with their thumbs up their backsides for a good while. He got round it by working in China twice a week.

So yes, being asked to work without a visa is a can of worms and more often that not should set off alarm bells. But it does happen even in the larger and more genuine companies.

(I am based in Hong Kong)

Posted by Mango33 (255 days ago)

jwm

you have obvisiouly not clue about hong kong. our office block where visited twice last year from the labour department and every employee where checked whether they are legally employed or not. On boss had his Domestic Helper in his office and she was arrested on the spot and never seen since as she after serving weeks in jail is deported.

Please don't give such crazy advise to newcomers in HongKong.

(I am based in Hong Kong)

Posted by GreenValleys (255 days ago)

So it comes down to the individual. How does he/she feel about breaking the law. Notwithstanding the alleged fact that everyone does it it is still an illegal practice for which there are penalties. Personally I wouldn't do it, but thankfully I've never been put in such a position where I've even had to consider it as I was lucky enough to have my visa waiting for me when I landed in HK. But hey, I jaywalk in the full knowledge that it's also an illegal activity for which there are penalties. So maybe it comes down to a personal choice. Good luck Almiraleg, whichever way you choose.

(I am based in Jakarta)

Posted by associates (254 days ago)

Please do note that it is illegal to work without an employment visa. It is an offence punishable with fine/imprisonment under the Immigration laws of Hong Kong. You have to wait until the visa is issued to you.

Weir & Associates
Solicitors & Notaries
2108 Gloucester Tower
The Landmark
15 Queens Road Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
email : weirlaw@hongkonglaw.com
www.HongKongLaw.com

(I am based in Hong Kong)

Posted by gdbill (251 days ago)

On the Mainland, they will allow you to legally work as long as your work permit and residence permit are in process.

(I am based in Guangzhou)

Posted by GreenValleys (251 days ago)

Not sure that Almiraleg has actually clarified where the job is located - HK or the mainland. Almiraleg?

(I am based in Jakarta)