Visa-Contract-Validity

Posted by John-Edward (129 days ago)

I have seen different threads about working visa, but I’m not clear in the following situation:
Say you have currently a working visa and this is up for renewal in June for an ongoing working contract, what happens then if:
a) you resign now, but your contract has say a 6 month notice, so in practice you work your 6 month notice and employer must extend your visa – right?
b) You resign now, but employer does not accept this, so they decide to terminate your employment. They are still obliged to fulfill the 6 month notice but what happens if they decide to pay out instead of me fulfilling the 6 month notice period. What happens with the visa and if you have 3 children at school on dependant visas if the option of paying out the notice happens?
Thanks for any information.

(I am based in Hong Kong)

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Posted by Oski (129 days ago)

a) Right, if your employer intends to have you server out the 6 months, they need to file for your visa extension to the end of your service.
b) If your employer terminates your contract and pays out the balance, they are obligated to inform immigration and IRD the end date of your employment.
In case of (b), by letter of the law, your employment visa is effectively terminated as of end of employment. However, in practice, immigration never bothers to cancel existing visas, and you are free to stay in HK until the stated expiration of your visa. After that point, if you need to stay longer, you can go to immigration and switch to a tourist visa. That would give you another 90 days. You can keep extending the tourist visa by making short trips out of HK until they warn you to stop.

(I am based in Hong Kong)

Posted by John-Edward (128 days ago)

Thanks a lot for the info.
In case b) do you think inquiring/asking immigration would be beneficial?

(I am based in Hong Kong)

Posted by Oski (127 days ago)

Should not hurt. In general, HK immigration officers are very reasonalbe.

(I am based in Hong Kong)