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Hong Kong change of employer application – how can you readily manage the should-you-resign-before-your-change-of-work-visa-sponsorship-application-has-been-approved conundrum?

QUESTION

I have held a Hong Kong work visa for 2 .5 years now and I am currently in the process of finalizing an offer letter with a new employer here.

I need your advice in relation to the timing of me notifying my current employer that I am set to leave.

So should I resign after a sign the offer letter or wait for my change of employer / work visa application to get approved from Hong Kong Immigration Department?

ANSWER

The Immigration Department are very familiar with this problem and therefore they work the system to the extent that they will receive an application from you in anticipation of you joining a new employer, and as they give due consideration to the application and they are about ready to approve your application, they will then ask you to supply what we’ve couched as a bye-bye letter, which is essentially correspondence between you and your employer, which speaks to the final date of employment termination in your current job.

And when you submit a copy of that, and usually it’s a copy of your resignation letter or if you’ve been a redundant, your redundancy letter, but specifically, if you’re still employed and you want to move to a new position, it would be a letter of resignation from you, acknowledged as received by the current employer, and on that letter will be the final date of employment termination.

And when you adduce that letter to the Immigration Department upon their request, they’re essentially sending you the signal that your application is about to be approved, and therefore you can quite safely resign from your current employer, knowing that the moment that you submit your bye-bye letter to the Immigration Department, they will issue you a letter of approval stating that you’ll be able to uptake the new employment normally from the day after the date on your bye-bye letter.

So that’s how the Immigration Department manages that process.

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