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Working without a Hong Kong Work Visa
Posted by KmanOz (116 days ago)
I need to speak to someone about a work VISA for HK and what happens if you're employed here and don't have one.
Obviously this is not an ideal situation but I am hoping there is a workable solution for this.
Any help would be appreciated ..
(I am based in Hong Kong)
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Tags work visa
Posted by ceeh (116 days ago)
My flatmate's boyfriend was working here earlier this year without a visa and was caught. He had been here for 7 months. His employer contracted an Immigration lawyer to apply for a work visa but he was unable to do anything for him.
The Guy given 14 days to leave Hong Kong and was told he could not return. I don't know if that means he cannot return to work or he cannot return for any reason.
Why can't your employer apply for a work visa for you?
(I am based in Unspecified)
Posted by GreenValleys (116 days ago)
At best if you are working in HK without a valid employment visa then you are breaking immigration law and subject to fine, imprisonment and/or deportation depending on severity. That's pretty much the same in any country around the world. Doesn't sound good.
(I am based in Jakarta)
Posted by furniture hunter (116 days ago)
Please be aware that it is a criminal offence for an employer to employ someone without a work visa . I think the fine is something like HKD 300K and potential imprisonment.
There are lots of adverts fror immigration specialists in local HK freebie papers and newspaper.
A work visa application is usually processed within about 6 weeks, so if you have a genuine employer who is willing to take you on - you both should consider the process to remain with in the law as it is not worth taking the risk.
Please be careful!
(I am based in Hong Kong)
Posted by Nigel-p (116 days ago)
Hi, the answer is simple. You have to get your employer to sponsor you, they also have to be able to prove that they can't find anyone locally to fill the position. It does take about six weeks and then if all goes well your employer will receive a letter telling them they can pick up your work visa. You can pick up the visa yourself but then you have to leave the country and then return to activate the visa. Macau is the best place to go to for this and it is really cheap to go there and back, you only have to go there and pass through immigration and then get the return ferry. The only problem you might have is that the job you are doing can be filled locally, I personally would be paying for a immigration/visa expert to do all the paper work as it is a huge task and a lot of employers don't want the hassle of immigration looking at all of their financial papers.....Good luck
(I am based in Hong Kong)
Posted by F355 (116 days ago)
i run a company in HK since 12 years and we have regualr visits from the Labour department for check of illegal employees. it is just a matter of time they have you. if found you will arrested immediately, deported without return to hk. as every employer know the fact, you really want to work for a company which ignore such facts????
(I am based in Hong Kong)
Posted by GreenValleys (115 days ago)
Just in case it's not clear from what has been posted already it is the employer who applies for the visa as sponsor - not you as employee I and then the visa is employer-specific.
(I am based in Jakarta)
Posted by bimota (115 days ago)
Option 1:-
a) Company have to place an ad to prove that they try to employ someone locally.
b) Company must have 5 local to have 1 visa employee.
Option 2:-
Register a pte ltd company and become a director.
(I am based in Hong Kong)
Posted by kenoathcow (115 days ago)
a director of a local company does not entitle you to a visa of any sorts unless you apply for the Capital Investment Entrant Scheme. this still doesnt grant you a working visa.
(I am based in Hong Kong)
Posted by mojitomojito (115 days ago)
we are small company, only 15 people in HK, I applied for working visa for 2 expat staff, took 2 weeks to have them processed and approved, no problems, no delays, no questions, no immigration lawyers or specialists charging thousands involved ...
I would never even think about employing someone without visa ... and person without working better should not even think about taking up a job ...
(I am based in Hong Kong)
Posted by ranti (114 days ago)
can be easy depending upon the employers company status, ie how long in biz, how many employees, what industry, tax status, etc etc.
Not that hard if you are smart about it and fill out ALL of the necessary forms and requirements. I did it for my 1st sponsor in HK. They didn't want hassle of doing it, so I did all of the legwork for them and all they had to do was sign and agree they would hire me if the visa was approved.
Very 1st letter you will have to write to immigration is WHY you did not apply for visa BEFORE entering HK.....
I can give details on HOW TO DO IT - PM me.
Good luck
(I am based in Hong Kong)
Posted by northofsouth (114 days ago)
A friend of mine worked for a crap UK company. They are having real problems and I've heard on the grapevine that they initially tried to employ a gweillo on a part time visa , which was rejected, and are now are employing him illegally . Given my friend's experinced of the underhanded nature of this firm I hope they crash and burn soon.
(I am based in Hong Kong)
Posted by mdap (112 days ago)
You are breaking the law - simple as that. Working in HK without proper visa requirements is illegal! You cannot apply after you start working, the visa has to be processed before the applicant can commence work. I would suggest you quit your job now and ask your company to apply properly, otherwise you risk being deported from HK - permanently.
(I am based in Hong Kong)
Posted by associates (108 days ago)
You need to action this immediately ...it is not only "not ideal"...it is a criminal offence to work in HK without proper authorization...call our offices and arrange a discussion with our Mr. Weir or Mr... Kule
Weir & Associates
Solicitors & Notaries
16th Floor Tak Shing House
Theatre Lane
20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
email : weirlaw@hongkonglaw.com
www.HongKongLaw.com/weirlaw
(I am based in Hong Kong)
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