Taking Up Employment in Hong Kong

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 New Rules 2015
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How To Apply

Applicant Inside HK

The formal application consideration process plays itself out via post, email or fax and approvals are subsequently notified accordingly with the applicant being asked to present himself to finalise approval formalities. Visitors who successfully secure an Employment visa approval whilst they are in Hong Kong will secure a new visa label from the Immigration Department. You should then exit Hong Kong (Macau or Shenzhen for a half day trip is fine) relinquishing your current Visitor visa in the process. Before returning to Hong Kong you place the new Employment visa label on a clean page in your passport and, upon entry into the HKSAR, your new period of stay as an Employment visa holder will formally commence.

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If You Are A Visitor *
 

If You Currently Have a Resident Visa **

 

* Generally, foreign nationals of more than 170 countries can visit Hong Kong without having to apply for a visa prior to arrival. Depending on the nation and the perceived ‘immigration risk’ and reciprocation arrangements the period of stay which is available upon arrival varies between 7 and 180 days. So called ‘high risk’ nationalities generally secure either 7 or 14 days, ‘moderate risk’ 30 days and ‘low risk’ 90 or 180 days. Consequently, if you are here as a Visitor and have applied for an Employment whilst you are in Hong Kong, low risk nationalities typically do not need to apply for an extension to their Visitor visas whilst their Employment visa application is being considered (as it only usually take 4-6 weeks to finalise). On the other hand, high and moderate risk nationalities may or may not be able to secure an extension to their Visitor visas whilst their application, submitted whilst they are in Hong Kong, is undergoing consideration. There is no prima facie ‘right’ to an extension to a Visitor visa in these circumstances. Therefore, if you find yourself needing to remain in Hong Kong as a Visitor pending the outcome of your Employment visa application, you need to attend at the Extension Section, 5/F, Immigration Tower with the information about your application for an Employment visa already lodged, use Form ID 91 and ask the Officer to effect a positive act of discretion to allow you to remain in Hong Kong pending the outcome of your Employment visa application.

** ‘Resident Visa’ = any type of visa other than Imported Worker, Foreign Domestic Helper or Training Visa (certainly not Visitor or Travel Pass). Consequently, for example, if you have a Dependant visa and you wish to convert to an Employment visa (say, because your marriage has irretrievably broken down) you would make your application via the 5/F. Similarly, if you have ceased working for one Hong Kong employer and wish to take up employment with another employer you would make a Change of Sponsorship application via the 5/F. In both cases, you are currently in possession of a Resident visa.

 

Applicant Outside HK

Applications can be submitted in person on the 24/F of Immigration Tower or via mail/by hand to the Receipt & Dispatch Unit, 2/F Immigration Tower, Wanchai, Hong Kong.

The formal application consideration process plays itself out via post, email or fax. Approvals are subsequently notified by mail and the applicant (or his authorised representative or sponsor in Hong Kong for on-forwarding to the applicant) will receive a visa label to be placed in the applicant’s passport prior to arrival in Hong Kong whereupon the employment visa will commence from the date of first arrival.

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