News MBA, Career Advice & Work Visas

How do I get out of this visa problem...

ORIGINAL POST
Posted by designdude 16 yrs ago
My wife and I arrived in HK about 3 years ago. Wife had an employment contract and I set up a company so I could legally freelance or work for clients. Recently my wife was made redundant. A month later I was also made redundant after working for another company for the past year. Both our visas expire in October.


So we're in the situation where my 'sponsor' is no longer employed, which in turn surely makes my dependent visa no longer valid. Which also surely means that despite looming prospects of some good freelance projects, actually getting involved in them would be illegal because I basically have no legal right to work for my own company anymore.


Although not hugely profitable my company has been active in a small way for the last 3 years. I would now like to change my visa from dependent to independent so that I can continue working through my own company. How best to do this?


If I was able to secure a visa my wife would, I think, then be able to take on a dependent visa and so work again as well....?


If anyone has experience of this situation or any advice on a process that will no doubt require much patience, it would be most welcome.

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COMMENTS
punter 16 yrs ago
Two things I can think of that can happen:

(1). If no new sponsor is found for either you and wife, you need to leave Hong Kong before your visa expires.

(2). Check with immigration how you can qualify for an investor's visa using your company (or if you have about 6.5m HK$) . If your company employs locals, I think it can have some weight.

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MarathonHK 16 yrs ago
1) wrong. You can stay on until your visa expires. Alot of responses say you will need to reenter on a tourist visa once you lose your job but this is incorrect. YOu can stay and even continue to enter and exit on your ID card.

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arrigoa 16 yrs ago
Sure you can start a local company and then apply to stay on as the Director with your wife as a dependent. I do suggest you see a Visa Agent too. Also depending on your which passport you hold you may qualify for an APEC card and that allows you to enter for business purposes in HK with less hassles! But the first option is the better of the two.

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Fikiwii 16 yrs ago
You can carry on as you are till your visa expires. Your wife cannot work for a different employer without a new visa but you, as a dependant, can. We tried re-entering HK on tourist visas before our work visa expired and was told that our work visa stood until the expiry date.

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punter 16 yrs ago
Hey guys, I didn't realize my (1) comment would be misunderstood. But saying "you need to get out of HK before your visa expires" is the same as "you can stay until your visa expires". To nitpick, really, you can't stay in HK if your visa has expired as that would be against the law. In effect you really have to get out of HK "before your visa expires" but you can stay while it hasn't.


Fikiwii has made a good point. The dependent can actually continue working until the expiration of the visa. The OP can continue working (freelance or employment) without breaking the law. The wife who has a working visa, can't until a new sponsor is found.

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Ms Yeung 16 yrs ago
If you have your own company, you can apply for a working visa as director of the company. However, you need to have a physical office address before immigration approves your visa.

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post it 16 yrs ago
Employment (Investment) Visa


Read More


Yes, your company can sponsor you to work in HK. My friend has submitted his application 2 months ago. For a one-man-band company, may be a little difficult, but no harm to try. No need to have agent to apply for you. Just collect all docu from the checklist then submit to


Receipt and Despatch Unit

Hong Kong Immigration Department

2/F, Immigration Tower

7 Gloucester Road

Wan Chai, Hong Kong


For the sponsor form ID999B, DO NOT sign it yourself, although you are the sponsor to sponsor yourself. Get anyone with HKID card to sign for you.


The officer in the general enquiry counter of 2/F, can’t answer your question in details. Or, you go direct to 24/F of the Immigration Tower to see if the officer there can help you without your own case file.

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Ausman 16 yrs ago
beancurd is right, I am doing the exact same thing with my own company, the advice I was given by an immigration specialist, was if you can show a fair history of trade through the company it should be ok, however, it is decided purely on a case by case basis. Good luck

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MisterLi 16 yrs ago
You can work for a company that's willing to sponsor your visa until your situation rights itself.


We're looking for some new members of our soon to be created Agency and Creative Business Unit, so if you don't mind working on a peer-peer basis with other creatives and enjoying the full backing and support of a Shared Services operation with a strong local brand you can consider working with us for a while, or for forever if you like how things are going.


That way you don't have to burn the candle at both ends, can focus on doing what you like doing and can give the Shared Services and Sales staff the dreck that most creatives don't enjoy (Business development, Billing). Maybe that's the best way forward until you feel you are in a position to strike off on your own once again?


We can probably help by offering you a contract and help you service your existing clients until you decide which way things are going for the spouse. It all depends on the small print, of course, but at least consider it.


Mister Li

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peck7 16 yrs ago
Get a quality migrant visa - thats what I am on - no company, nothing - you can work without having an employer sponsoring you.


Check it out


pkw

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Hope Crystal 15 yrs ago
i can tell u an example, i have a friend who had a company visa, however he was laid off due to company problem so his visa expiring in a month later so he decided to open his company cause he has high amount of capital fund to start his business however the immigration rejected his application.

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Mammu 15 yrs ago
The simple way if use your company and pm me to assist you on this matter.

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