Posted by
The Expat
19 yrs ago
Guys i have a quick couple of questions. I was working in hong kong before and i have a valid visa till 2008 but i guess i need a sponsor. I got a job offer and the company will do all the paper work... my questions are:
1. Does the processing time really takes 4-6 weeks or it can be less?
2. For the supporting documents, i do have the certificate of education, but do i need to enclose testimonials and certificates? What if it is not possible to ask my employer to provide me such a thing? I left work already back home and it will be very hard to get one. Will it be a problem for granting me the visa?
Thanks for your help.
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TC
19 yrs ago
I think you might find that when you come back into HK the immigration people will (politely, no doubt) inform you that your previous employment visa has been cancelled. That would have occurred as part of the standard process whereby your previous employer is required to inform Immigration that your employment contract had come to an end. Therefore you'll have to enter on a tourist (or whatever) visa. I know that's against the advice given above, but that's the nature of a public forum such as this. The only place to be sure (and even that can sometimes be questionable) the correct advice is to contact Immigration direct. I've always found them to be very helpful.
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The visa process usually does take a few weeks, but I say enjoy it - before long you'll be in an office wishing you were out!! I think they can hurry it along if the employer presses for it but one colleague's visa only took 3 weeks processing - i think it is all connected with the documents provided.
As for the documents to accompany the visa I believe you need copies of all educational/ professional accomplishments – including all accreditations into relevant professional bodies. Usually these can be obtained from the relevant university or accrediting body. I think the immigration dept also needs evidence of your years of experience and hence testimonials. I thought it was standard practice for most companies to issue these sorts of employment testimonials on an employee’s departure. If you can I would call the HR department and ask for these letters. If it is too difficult, I would gather all evidence you can to show your relevant experience – this might include copies of employment contract letters, tax invoices etc. Maybe include a letter in the form of a stat dec that explains that you were never given testimonials and list the alternate evidence you are providing to evidence your experience.
As with all govt. departments its better to provide more rather than less (in most instances, except when incriminating yourself!!) so that the box is more likely to be ticked. Best of luck with the visa.
Also I have read on this forum that some employers are happy to have employees work without a visa and they show them the fire exit, in case of any surprise visits to immigration - depends how strict the company is!
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Actually they did inform me politely TC. I left Hong Kong March 2006 and i came back for a Business Trip and automatically i went in from the Visitor counter... the officer was like "no sir you have an id card and visa valid till 2008, please go to the residents' counter" . They put me a sticker saying that my employment visa has been cancelled but it i can stay in hong kong till 2008.
Good idea i will give them a call and check.
But regarding my second question, will they reject my new sponsored visa if i didn't attach testimonials and work certificates to prove my employments in the CV? Cause there is no way in hell i can get those letters. Why? Problems with my past employers and will be defintely not keen to help.
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It is highly unlikely that they will reject it,if you don’t have the relevant document they will just ask for further information. I think the HK immigration department needs to be assured that in working here you will benefit your given profession and this is usually based on your level of education and/ore experience. Plenty of people have come and gone from HK and if you had a good record here, paid your taxes etc - there should be no reason why your employment wont be approved.
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No one is suggesting anything. People are merely supplying information that was requested.
People remain responsible for their own actions. The ramifications for working without a visa lie with the employer only and not the employee - due to the power imbalance. So therefore the advice given is sound if one considers that it is better to be forearmed than forewarned
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"The ramifications for working without a visa lie with the employer only and not the employee - due to the power imbalance" - Incorrect.
An employer who hires a person not entitled to work in Hong Kong commits an offence and is liable to fine of HK$350,000 and to imprisonment for 3 years.
But if a person works without permission, it is a breach of condition of stay and the maximum penalty is a fine at level 5 and imprisonment of 2 years.
It is also likely any further application for an employment visa will not be looked upon favourably.
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whats wrong with that advice - if you have a visa you have a visa and you are ok to work.
again, this advice cannot lead anyone astray unless they are an employer asking an employee to work WITHOUT a visa. the employer is the one who should be worried as they are 100% responsible... there is no penalty to the employee at all. It is the employer that wears all the liability.
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Guys guys... i will never allow myself to work without an employment visa (As if i have the choice)... i will be working in a multinational company with a decent HR management... she even told me the starting date will be set the minute i get the visa. I am just worried about the process itself...i hope the testimonials and letters don't cause a problem for the immigration to grant me a visa. Don't worry Claire... things are taken care of legally :)
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The Expat> Just correcting someone who is seemingly unaware of the laws of HK.
Adelaide> "the employer is the one who should be worried as they are 100% responsible... there is no penalty to the employee at all. It is the employer that wears all the liability." - Again, incorrect.
Cap 115, Sec 41
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Thanks for the lesson Claire. Conditions of stay are also governed by the Employment Ordinance - naturally. Have a look in there and you will find what I said previously.
Its not really the point, The Expat was looking for advice - he got all manner of advice and will use it how he deems appropriately. I think what you have raised is along the lines of the old adage - if someone told you to jump off a bridge.....would you?
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The Employment Ordinance covers employment protection and benefits for employees. The Immigration Ordinance covers, amonst other things, the employability of employees. Cap. 115 Sec. 17 I for employers, Cap. 115 Sec. 41 for employees ("Any person who contravenes a condition of stay in force in respect of him shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 2 years.").
"Conditions of stay are also governed by the Employment Ordinance - naturally."
Please cite section.
"Its not really the point, The Expat was looking for advice - he got all manner of advice and will use it how he deems appropriately."
Some of the "advice" was wholly incorrect. Anyone reading this at a future point may be misled.
"I think what you have raised is along the lines of the old adage - if someone told you to jump off a bridge.....would you?"
What is this supposed to mean?
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I am not going into an "Ordinance off" with you. Look at your case law if you want to find how the two ordinances are read together and the court's subsequent findings, You will see that the employer is the one who ends up wearing it, as said before, due to the imbalance of power.
As for the adage, it means exactly what it says – no slight intended. Most people are aware that this is a forum of information provided by unqualified sources. There is what you may consider ‘incorrect advice’ throughout this site. People are provided with information, and it is not for anyone to say just because someone says you can do something that someone necessarily would.
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