Posted by
Almiraleg
17 yrs 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
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sk76
17 yrs 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???
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lace
17 yrs 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.
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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.
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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.
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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
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On the Mainland, they will allow you to legally work as long as your work permit and residence permit are in process.
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