HK Visa Trifles: Change of Job / Sponsorship

Job seekers are realistic after all: Is the remuneration package attractive enough? Is the welfare good enough? Is the corporate culture ethical and employee-friendly? Can I adapt to the local office culture?

1. Resignation

2. Change of Job

* TechTAS top-tier talents are those who have been working in Hong Kong for at least 2 years and have reached an assessable tax of HK$2 million or above in the last year of assessment. Normally, they will be granted an extension of stay of 6 years without any other conditions.

It is important to note that it is prohibited to start a new job until your change of employment is approved by the IMMD.

3. Resignation and New Company Set Up

4. Job Change Under Other Visa Schemes

Employers who intend to poach or hire foreign workers should also be aware of the following:

1. Even if a newly appointed foreign employee is entitled to visa-free entry into Hong Kong, it is necessary to apply for a Hong Kong work visa prior to entry. The application will take approximately 1–2 months.
2. Even if a foreign employee holds a valid work visa or even a HKID, it does NOT mean that he/she can take up the new position immediately. It is up to the employer to ascertain whether the status of entry of the foreign employee requires the prior approval from the Director of Immigration, whether he or she is free to engage in any employment in Hong Kong and that no conditions of stay have been breached. If necessary, the employer must provide proof of the company’s financial status and background information, as well as the employment contract with the employee, specifying the job description, salary and welfare, duration of employment, etc. The employer will submit the new employment visa application for the benefit of the foreign employee as his or her new sponsor. The new hire will not be allowed to start the new job until he or she has received formal approval from the IMMD. Failing to comply with these requirements may result in the prosecution of both the employer and the employee. In the event of a conviction, a fine and/or an imprisonment may be imposed.
3. A work visa is needed even if the foreign employee is not paid or works on a volunteer or charity basis. The foreign employee can work only after the visa has been approved. Again, failing to comply with this requirement may result in the prosecution of both the employer and the employee.
4. Hong Kong work visas will not be granted to those who are paid on a commission-only, part-time, or freelance basis.
5. The positions held by expatriate employees usually require professional skills or management level experience. Their relevant work experience and academic qualifications will have a significant impact on the approval of such work visas. Therefore, it will be difficult for fresh university graduates to obtain an approval under the visa pathway.
6. For most of the Hong Kong employment visa schemes, the employing company must also provide sound evidence that there are no qualified candidates in the Hong Kong job market to fill the vacant position.
7. Last but not least, both employers and foreign employees must be cautious NOT to commit misrepresentation or provide falsified documents. IMMD may verify the submitted documents and even conduct on-site visits when deemed necessary. Once uncovered and reported, any current visa, issued entry permit or permission to stay will be immediately invalidated and the submitting parties may be subject to prosecution.

References

1. 趙志瀚 Ryan Chiu, (2021, Jul 27). 龍頭拍賣行佳士得亞太總部搬遷 進駐中環新地標The Henderson
2. 葉泳珊, (2021, Jul 27). 【藝術投資】國際拍賣行佳士得加強亞洲投資 亞太區總部進駐中環恒基The Henderson, 香港經濟日報
3. Marion Maneker, (2021, Jul 27). Christie’s Announces New Hong Kong Headquarters Opening in 2024, ARTnews