Posted by
aussiexpat
15 yrs ago
I am currnetly employed and have a work visa in HK. My wife is currently has a dependant visa.
We are both Australian.
She has just been offered employment and am wanting to know if she has to change the visa to a work one or can we just continue to use the dependant visa.
Thanks for your help
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I think the immigration laws might have changed recently that a dependent of the holder of a temporary visa such as yours is now prohibited to take up employment in Hong Kong. Besides getting her own work visa, another option may be to apply to the Director of Immigration for cancellation of the condition of stay prohibiting her taking up employment.
http://www.immd.gov.hk/ehtml/faq_hkv.htm
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aussieexpat, your wife can work in HK without restrictions. She has no need to see the Director of Immigration and in fact with a dependant visa is actually able to work for who she likes which is certainly more than you are able to do with your visa!
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If you are confused with two conflicting advices I will try to make it easier (ie majority vote) and go with evildeeds.
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JinHK
15 yrs ago
Aussiexpat - your wife can work on her dependants visa. I hold a dependants visa and have been working since early 2005. As Evildeeds says, a lot easier to move between jobs (if she wants to) whist on a dependants visa.
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Yes, Evildeeds is absolutely correct. The laws re dependants did indeed change, but the other way around: from having to get the Director's permission, you no longer have to now. Originally dependants could work without permission, then during Sars the laws were changes, but then once the economy picked up again they reverted. In any event, it's not that dependants were prohibited from working, they just had to get permission to do so.
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And to add to the confusion those laws were only for dependants other than those dependant on Permanent Residents who were not subject to that rule!
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16. Dependants of the following persons are not prohibited from taking up employment in the HKSAR:
1. Hong Kong permanent residents;
2. persons who are not subject to a limit of stay (i.e. residents with the right to land or on unconditional stay);
3. persons who have been admitted for employment (as professionals, for investment to establish/join in business or for training); and
4. entrants under the Capital Investment Entrant Scheme or the Quality Migrant Admission Scheme.
- Source: http://www.immd.gov.hk/ehtml/id998.htm#VII
I hope that answers your question with more than conjecture.
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However, depending on how long ago the DV was issued there might well be a work restriction stamped in the passport. That will still need to be removed - and a simple request to the Immigration Dept will achieve that goal.
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