Shall I change to student visa?

I am holding work permit in HK on Mainland Talent Scheme. But I resigned my job (the employer sponsored my visa) in May and am currently taking part-time postgrad course in HK.

The Immigration told me that I could stay in HK until the expiry date of the work permit, but the visa might be revised by the immigration officer at the airport/border if I went out of HK and came back. This puts me in a situation that I am stuck on this island (-definitely not a nice feeling).

I have the option to become a full-time student and get a student visa so that I can move in and out of HK easily. But I am afraid the student visa may limit my employability in the future. - If I keep the work permit, I can just transfer it to the new employer, which may be a lot easier.

So, I am really in a dilemma. I am not sure if I have explained myself clearly. Your advice is welcome. Thanks.

As you are here on an employment visa, even to engage in part time post- graduate studies you have to obtain the permission of the Immigration dept. Have you obtained such permission?



You inquiry is not clear as to the basis on which the immgration dept will revise your visa when you leave HK and return. As you have resigned from employment and if your employer has already notified the dept about it then on your return to HK you will be treated as a visitor and issuance of a visa to a visitor is at the sole discretion of the Immg dept..You have no right to claim a visa to enter and stay in HK because you have had one earlier.



A student visa is issued for the purpose of study and does not mean that it is a disadvantge when you seek an employment visa on the basis of your skills for a particualr job. Please note that your skills have already been accepted as sufficient to work in HK. Of course this is in relation to the position you just held.



You cannot 'just transfer' an employment visa to another employer for the visa is the 'property' of the Immg dept.. Should you find new employment your employer has to make an application for a new employment visa which will be considered on its own merits and particularly on the basis of your skills relevant to the new job.



Should you wish to discuss this further we shall be glad to do so and our charges for a conference is HK $ 2500. We believe a face to face discussion is ideal way to solve your problem. Please contact our Mr. N.T.S.Kularatne.


Weir & Associates

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Hong Kong

Tel : 2526-1767

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email : weirlaw@hongkonglaw.com

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