How Do You Prove To The Hong Kong Immigration Department That You Have Tried To Recruit Locally?
Posted in Employment Visas, The Hong Kong Visa Geeza, Your Question Answered /
Excellent question earlier this week. Great opportunity to slay a few sacred cows.
QUESTION
Hi, one of the requirements for the work visa application is a proof of genuine vacancy. What if a sponsoring company doesn’t do job ads? What can he present? He does recruit locally via his network since he is just a small company. Appreciate your inputs.
ANSWER
It’s important to understand that not every job that has a foreign national candidate for it and consideration for an employment visa hanging off it. In other words, not every local job needs to have a local worker for it. It just depends on all the circumstances of the case. There will be circumstances where you can envisage the nature of the position and the circumstances that give rise to that foreign national needing to do that work.
It becomes very self-evident that no local recruitment exercise would need to be undertaken, but how it works is if you are asked by the Immigration Department for proof of a local recruitment exercise. Well, you have to show it if you’ve conducted it.
If you’ve conducted it unsuccessfully, you have an opportunity to explain why. Supplying proof however you’ve gone about the recruitment exercise and then just explaining how that process works; if you haven’t conducted it, then you have to justify your application from the perspective that you’re the right person for the job.
Either way, the sophistication of the consideration exercise relegates the question of the mechanics of the recruitment process to my way of thinking, to being merely a bit part. There are more important things going on here. So you have to be certain that no local can do a job before you make a claim that no one locally can reasonably be expected to do that job; that’s where all your focus should lie. I hope this helps.
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The Hong Kong Visa Geeza (a.k.a Stephen Barnes) is a co-founder of the Hong Kong Visa Centre and author of the Hong Kong Visa Handbook. A law graduate of the London School of Economics, Stephen has been practicing Hong Kong immigration since 1993 and is widely acknowledged as the leading authority on business immigration matters here for the last 24 years.
