What To Do If You’ve Lost Your Job And Have An Expiring Hong Kong Employment Visa?

Do You Have To Leave? What About Your Eligibility For PR?

Introduction

Experiencing an expiring Hong Kong employment visa after being made redundant can be a stressful situation. Hong Kong’s visa and immigration processes can range from being straightforward to incredibly complex, depending on your unique circumstances. In this guide, we’ll answer crucial questions and provide actionable steps to help you navigate this challenging period.

Contents

1. The Basics of Hong Kong Employment Visas
2. What Happens When You’re Made Redundant
3. Actionable Steps to Take
4. Impact On PR
5. More On PR Eligibility
6. Final Thoughts

The Basics of Hong Kong Employment Visas

In an ideal world, the process of securing a Hong Kong employment visa is linear: you receive a job offer, apply for a visa, get approved, and start working. However, life is rarely that simple. What happens when you’re made redundant just weeks before your expiring Hong Kong employment visa is due?

What Happens When You’re Made Redundant

Being made redundant before your employment visa expires puts you in a precarious situation. You may find yourself asking:

– Do I have to leave Hong Kong?
– Will my employment visa be extended without a sponsor?
– What are my options?

Actionable Steps to Take

1. Job Search

Without a job offer, you can’t extend your expiring Hong Kong employment visa.

2. Visitor Visa

Visit the Immigration Tower in Wanchai to apply for a visitor visa, stating that you’re seeking alternate employment.

3. On The Ground Presence

ImmD may grant you a few weeks under visitor status to find a new job, especially if you’ve been a long-term resident.

4. Re-Application

Once you have a job offer, re-apply for an employment visa using forms  ID990A and ID990B.

5. Visa Activation

After approval, activate your new visa by exiting and re-entering Hong Kong.

6. Family Members

If you have dependents, their visa processes will follow yours.

Impact On PR

The test for approval for PR in Hong Kong is as follows:

You need to have been continuously and ordinarily resident in Hong Kong for a period of not less than seven years where any absences from Hong Kong in that time – be they of long or short duration – are of a merely temporary nature as evidenced by what you leave behind in Hong Kong to return back to at the end of each temporary stay abroad. You need to have held back-to-back residence visas throughout the seven years claimed as ordinary residence in Hong Kong; must be no security objection to being granted the Right of Abode; must be no outstanding taxation liabilities in your hands in Hong Kong at the time that you’re applying for Right of Abode. And you need to have been in Hong Kong for a settled purpose. Your settled purpose is a function of the visa type that you hold

A visitor visa is not a residence visa. Any time you spend on visitor status is going to count against you come the time for your PR application. If your situation is one of mere Administrative Flux for a very short time between employment visas and your feet are terra firma Hong Kong all throughout, ImmD may conclude your ordinary residence has been maintained even though you had a short stint as a visitor.

However, the longer the stint the greater the chance of visitor status definitively breaking your continuity. Keep it short time folks!

More On PR Eligibility

If you need definitive help with your PR application get it all here, 100% for free!

Final Thoughts

While navigating an expiring Hong Kong employment visa after redundancy is challenging, it’s crucial to act swiftly to regularize your situation. Doing so will not only save you from legal complications but also help you maintain your continuity of residence in Hong Kong.

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