Posted by
chiedog
14 yrs ago
Hi all, here's the dilemna. i've been in HK for about over 5 years but want to keep my residency status alive.
1. my company is transfering me to singapore for around 18 months. HR told me that they want me to close out my taxes with the IRD because i'm "permanantly" leaving HK.
2. by doing so, i feel i risk my residency because the immigration dept will penalize me if i return to HK because of my "permanent" departure based on my tax return...
3. my PLAN, i have a friend who said his company could employee me and continue my HK work visa, even though i'm not in HK. I would come to HK for 80-90 days a year to satisfy the residency requirement.
THEN...should i go to the IRD and close out my taxes? Would my current company care? does it even matter? Whats the best way to keep my residency?
I don't want to line up in the "foreigners" line...
Thanks for your help..
Cheers,
Jimmy
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Chiedog, not a very good plan I'm afraid. 8--90 days a year will not satisfy the residency requirement. When your 7 years are up and you apply for PR and fill out the forms, one of the things you have to list is any periods of absence of longer than 6 months, so if you're only here 80-90 days, you will have to explain where you were and why you were away for so long. If you lie in the form, then sign it, you're making a false declaration.
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mdap
14 yrs ago
quit your job and get another employer in hk
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To throw into the mix:
1. What if he/she just got a new work visa (so valid for another 2 years) and quit the job. I understand that the employer will have to inform IMMD that they are no longer the sponsors but IMMD will not automatically cancel the 2-year visa, correct?
2. Does that mean he/she can come into HK using his/her HKID at the eChannels, keep bank accounts, apartment, pay utilities, phone bills etc here in HK even though he will be living in Singapore for most of the year? What if the job in SG entails frequent travel to HK anyway (say once a month, staying for a week at least?)
3. To the OP - I think for IRD, there are two different forms you fill up when you leave your job (1) leaving HK for good and (2) quitting but not leaving HK. I can't remember what the proper names of the forms are, sorry.
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Invert, under your (1), yes if he remained living in HGK for the entire period, he could apply for PR at the end of the 7 years, whether working or not, as long as he has a valid visa to remain in HKG.
But as mentioned above, when you apply for PR you have to give written information to explain any absences from HKG for more than 6-months.
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But what about (2)? Can he/she still travel in/out of HK using his HKID and the eChannel or will Immigration revoke his work visa when he comes back to HK? Can he/she still keep an apartment, bank accounts, etc here and come and go as frequently as she likes? Is that six month absence a cumulative one (i.e. absence from HKG for a total of 180 days) or is it six months absence in one stretch (which is addressed by frequent ins and outs with durations of a few days or more?
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No, it's 6-month stretches. Technically, if he has a valid visa in HK and does what you say in scenario (2) then there would be nothing stopping him from applying for PR at the end of 7 years.
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Look on the immigration web-site, its quite comprehensive. http://www.immd.gov.hk/ehtml/faq_es_vnpr.htm#e
It says "Q14: What should I do if I quit my job?
A14: After the issue of visa, if there is any change regarding your sponsorship, you or your company should inform us of the termination by post or by fax to (852) 2586 1431 as soon as possible. Overseas employees are not allowed to change employment or take up part time job without the permission of the Immigration Department. Those who have breached their condition of stay will be liable to prosecution".
However if you and your employer fail to notify the immigration dept of your change in status (and most people don't bother) your visa and ID will still show as active on thier system untill its anual renewal date is reached, this is a risk though and not strictly leagal.
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Correct me if my understanding is wrong, but I thought that there will only be a breach if he/she works for another company without proper sponsorship. What if in the remainder of the 2 years he/she will not work in HK (i.e. because he will be technically working in SG) but will just come to HK regularly (so as not to be absent for 6 month stretches?). I take it that the visa itself is still valid in that he/she can still hold his/her HKID, come in and out of HK through the eChannels, etc.
Am I correct?
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"However if you and your employer fail to notify the immigration dept of your change in status (and most people don't bother) your visa and ID will still show as active on thier system untill its anual renewal date is reached, this is a risk though and not strictly leagal."
This is incorrect. Even if your ex-employer informs immigration that they are nolonger sponsoring you, you can still remain in HK until the end of your visa. Meaning you can go in and out with the ID Card, keep bank accounts etc..
For the OP.. if you go with your friends company, I wouldn t settle the total tax amount, as this would mean you will no longer be paying tax in HK..
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Invert, we are talking about two different things. Firstly, the breach of condition of stay by working for another company without the prior approval of the Director of Immigration. So if he is not working for another company, he's not doing anything illegal.
Secondly, making a false declaration to the Director of Immigration when he eventually fills out his PR application by stating that he was living in HKG when he actually wasn't, and this is what could get him in trouble.
Bear in mind that to be eligible for PR you have to be ordinarily resident in HKG for a period of not less than 7 years, but there are circumstances where you can be overseas and still be ordinarily resident in HKG. However, if you're working for another company in another country, you're not deemed to be "ordinarily resident" in HKG.
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