Dear all,
My working visa is due to expire in mid September. I am currently looking for a new employee ideally to start work before the visa expires.
I have been told that if I do not have a job when my working visa expires I will need to exit HK on my HKID and then enter back in the next day on my passport. Can someone confirm this is true?
Secondly If I do not find employment and I am technically unemployed for a few weeks before I start work again will my PR status go back to 0 years or will it carry on again with the time that I have been working here? Its just that I have been here 3 years and don't want to go back to 0 years to get my PR when I am nearly half way there. Can someone please let me know.
Thanks in advance.
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Hi, yes, if you don't find a new employer before your current visa expires you will have to leave HK, otherwise you will be an overstayer.
Secondly, once your visa expires and you leave HK, then come back, you'll be on a tourist visa and no longer on an employment visa. As such, you will be breaking continuity and so you will have to commence the 7 years towards your PR all over again.
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Hi, thanks for the reply.
Has this happened to you or someone you know? I have heard mixed messages on the 7 years towards PR. I have heard you have a year before you start over again at 0.
I got an email from the director of immigration but she did not answer the question so tomorrow I will go and find out directly from them and hopefully someone official can answer the question.
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Also sorry forgot to mention that I was actually let go and my visa did not finish with my end of contract like it was suppose to. I actually have a working visa until 2015 but my old employees told me they will cancel it on the 7th of Sept.
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You do NOT have a year. Once you go from an employment visa to a tourist visa it starts again.
You should have mentioned before that your visa is valid until 2015. In that case, you have nothing to worry about. You can remain in Hong Kong and find another job. Your old employer doesn't cancel your visa; the visa will have to expire. You just are not allowed to work for anyone else without getting approval from Immigration.
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That's what I always thought, that a visa once stamped in your passport is not cancelled. I would suggest you go and visit the immigration Department and confirm this. If confirmed, then you're considered on "work visa" until it's expiry or until you get another employer to sponsor your new work visa.
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Ukguyinhongkong,
Your question regarding cancellation of Visa is case to case basis.
If Immigration was not informed that you are no longer working with the company by your HR Department or company's director than your visa continues untill it expire. But if your company issued them notice of termination and request for visa cancellation hence your visa will be cancelled from the date stated by said notice from your company.
In my company I need to inform Immigration once the employee leaves to avoid liability incase something happens to an employee under company sponsorship in which most company does though.
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Sorry, Elleine8838, you're incorrect. As stated above, visas do not get cancelled, even if the company notifies the Immigration Department. You can still stay until the date of the visa chop.
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Shoe Girl,
Please read as I have said it is a case to case basis. I speak with my personal experience here for I was summoned to be a witnessed on a case. My former colleague was charge of over stay and was in prison for more than 3 months. He was under my company sponsorship and since we terminate his contract with us, we notified Immigration and Labour Department of all documents of termination. He was at the airport Immigration when he is going back to his country when he learned that he was over stayed for almost a year already. That day he attempts to leave hong kong he was not able to fly because he was immediately brought to Jail.
He also claims that he still has Visa until this year but said to say his Visa was cancelled. This case was in December and the guy left Hong Kong after his sentence in March 13.
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