Posted by
cdnexpat
14 yrs ago
I am a Canadian expat living/working in HK as a senior exec at my company's Hong Kong branch. A restructuring is taking place and I am being offered the options of A) moving back to Canada (to a role I don't particularily want) or B) accepting a sizeable severance package and leaving the company. I would prefer to accept the "walk-away" package and seek a different employer in HK or Asia.
My current visa expires July 30, 2011 (not long from now...). If I do not have a new "qualifying sponsor/employer" before July 30 must I leave by that date and move my family out? Or does the fact I have this severance package (that essentially guarrantees my income for another year) allow me to apply for a different type of visa during my job search?
Can we just stay on tourist visa's till I have a new sponsor?
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Sage
14 yrs ago
I'm no expert but have had extensive periods in HK without a working visa. If you're not working you don't need one, you and your family can from a practical standpoint still 'live' here as tourists though if your time without a work visa extends beyond the length of your tourist vist you'll naturally have to do visa runs. HK is notorious for not asking any questions of people making multiple re-entries as long stay tourists. Once you have an ID card, as you will have now, getting a new sponsor is no more difficult than finding a new job' with the re-issuing of your work visa effectively a formality.
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Thanks for your input, Sage. So, should I (and my family) go to immigration before July 30 and try to get long-term tourist visa's? Or do we just pop to Macau and then come back and hit the regular immigration entry lines (ie: not the HKID-card scanner machines). Can I ask to apply for a long-term tourist visa (say 6 months?).
Or are you saying our HKID cards will still work in the airport machines even after the Visa expiry date? (But no way do I want to "Overstay" and run the risk of my family being booted out on a moments notice).
How exactly do you do it?
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cdnexpat, Is there any way that you can negotiate with the company to keep you on the books until the beginning of Sept (even if not working but on the first three months of your "redundancy") and for them to apply for an extension of your employement visa now.
You would then be given a further two year visa at the beginning of August, you could leave the comapny in Sept and your two year visa would remain valid (not for employment but to stay in HK) while you seek another job.
It sounds as if your company is being quite accomodating and therefore isn't this a tack to try, especially since this affects your family as well as you?
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Yea Spurtio, I have just asked if there is a way we can fudge it a bit. They are indeed being completely accomodating to me and I'm leaving on excellent terms. BUT: my company is public and extremely restrictive about grey areas. I am all but certain HR/Legal will say "sorry" even though my boss would do it in a second.
Hence my need to know if tourist visa's are a viable Plan B.
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Spurtio's answer is the best you could hope for.
You say your visa is expiring 30th July, but when do you have to let your company know if you'll take the job or not? Also, how long have you been in HK for? If your status changes to tourist, you will not get continuity on your stay if you wish later to apply for HK Permanent ID card.
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I've essentially decided - I have no interest in a return to Canada just yet and the severance period gives me the time to plan accordingly. It will be official in a week or so. Just that pesky HK VISA!
I am still not quite certain about the replies about the tourist visa option. I can't really expect my company to fudge their gov't submissions just to help me. So this is an option I need to evaluate.
So, as a plan B, Should I have confidence that we (family and I) can exit HK for a day (to macau, say) and come back and get repeating 30-day visas (or 60-day or whatever the longest period is). I have the cash to show I won't be drain on HK resources. Is there a different type of visa I could apply for?
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As a Canadian, you're entitled to a 90-day tourist visa, so there's nothing stopping all of you going to Macau for the day and then all coming back on a tourist visa. But don't forget the tax implications. If your company notifies the Immigration Department you're leaving and your visa won't be renewed, you will have to settle up with the Inland Revenue Department before you're physically allowed to even leave the territory. So probably not a good idea to consider this one.
I presume your wife is on a dependant visa and doesn't work. If she is, as the holder of a dependant visa she can work for absolutely anyone she likes, so is it viable for her to find a job, change her status to employment visa from a dependant visa, and then you and the children can be dependants under her visa.
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Thanks so much, Shoe Girl. This is excellent info (I hadn't considered the tax issue, but it's easy enough to solve... I'll just pay what's due).
So, with 2 months remaining on my current Visa, plus a 3 month tourist visa following it - gives me 5 months to seek my next role (in our out of HK) without worrying about living status. That's fine...
Thanks again!
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rwbhk
14 yrs ago
If you have kids in school in HK, you (they) must have a valid visa also - a tourist visa does not suffice. With a shortage of school places in HK, any loss of a school place could be a mojor issue.
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[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
You and your current employer who sponsors your visa are undertaken to inform the Immigration Department of any change of your employment status in Hong Kong i.e. your visa has come to an end when your labour relationship between you and your current company has come to an end. Notwithstanding this the Immigration Department will allow the holder to stay in Hong Kong to transition into a new position. Each case stands on its own factual situation : we are experienced in handling this type of matters for clients. Please contact us for an initial general consultation.
Weir & Associates
Solicitors & Notaries
16th Floor Tak Shing House
20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
email : WeirLaw@weirandassociates.com
www.weirandassociates.com/weirlaw
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