First Published November 25, 2013
Sometimes foreign nationals in Hong Kong take the view that it is acceptable to collaborate in the conjuring up of a job offer just for the purposes of helping a friend or professional colleague secure an employment visa in the HKSAR.
However, this is fraught with danger and should not be seriously considered as an acceptable way forward in pursuit of a residence visa here.
Immigration Department policy is, and always has been, that the job offer underpinning an application for an employment visa must be for a genuine vacancy.
So, if you are party to an employment visa application where the job is in fact not a genuine one, then you are at considerable risk of:
1 – Criminal prosecution for making false representations to an Immigration Officer.
2 – A negative prior immigration record for both the applicant and the sponsor.
3 – Discovery of the contrivance at the time of visa extension.
4 – Discovery on enquiry at the time of an application for the Right of Abode.
5 – Discovery during the currency of any genuine third party application for a visa by the sponsor subsequently.
Just because the Hong Kong Immigration Department deploy a flexible, non-bureaucratic employment visa application consideration process, it is churlish to expect that they do not have control mechanisms in place for fishing out suspicious applications – especially those where the job offer is not a genuine one.
So please, no matter how much you are tempted, do NOT contrive a job offer just for visa purposes.
The risks to the ersatz employer and the visa applicant him or herself are very great indeed.