Understanding and Rectifying a Change of Sponsorship for Hong Kong Employment Visa
Posted in Employment Visas, Feature Article, The Hong Kong Visa Geeza, Your Question Answered /
What will be the consequences of being employed illegally for almost a year without having a change of sponsorship for Hong Kong employment visa when new owners took over the company sponsoring my visa? My visa is up for renewal soon and they have terminated me temporarily with compensation until it’s all resolved. Will my PR eligibility be impacted due to this oversight?
Change of Sponsorship for Hong Kong Employment Visa
Understand the implications and solutions for a change of sponsorship for Hong Kong employment visa due to a change in company ownership. When a company changes ownership and reconfigures employee employment contracts to a new entity, it’s crucial that the Human Resources (HR) department informs the Immigration Department about this change in arrangement and with it the sponsorship of their visas. Failing to do so can result in employees working illegally, as you’ve experienced for almost a year. This realization can be daunting, especially when your visa is set to expire soon.
The Silver Lining: Rectifying the Situation
However, there’s a silver lining. When there’s a change in ownership and with it a change of sponsorship for Hong Kong employment visa, the new owners are supposed to notify the Immigration Department. The Department will then correspond with the new owners to assess the credibility of the new employing entity to be a sponsoring entity. If there has been a trade sale or commercial transaction, the Immigration Department generally approves the change in arrangement, as long as the new arrangement amounts to a credible sponsorship status.
The Role of the Immigration Department
To rectify your situation, your employer needs to approach the Immigration Department, confess what happened 12 months ago, and make it right. As long as the entity that presently serves as your employer is ‘well established’, even though it might have changed name, the obligations for sponsorship that go with that entity will be adjusted to bring you into compliance. ‘Well established’ means it is also employing locals in addition to you, has a tenancy agreement for its business premises and is resourced with both funding and normal business income streams.
The Impact on Your PR Application
If your employer does this, it should not have an impact on your PR application next year. So, you should leave it up to your company to rectify the situation and then get back to your work duties. Your company did terminate you so that they could have time to rectify the issue and employ you lawfully back again once this is settled. You do not need to engage a lawyer for this matter. If there is anything else you should be doing, your company will let you know.
Steps to Rectify the Situation
The Employer’s Responsibility
In conclusion, a change in sponsorship for Hong Kong employment visa due to a change in company ownership can be rectified by the employer notifying the Immigration Department and making the necessary adjustments. This should not impact the employee’s ability to remain in Hong Kong or their future PR application.
Your Role as an Employee
As an employee, your role is to cooperate with your employer during this process and to continue fulfilling your work duties once the situation is rectified.
The Importance of Legal Counsel
While you do not need to engage a lawyer for this matter, it’s always a good idea to be informed about your rights and responsibilities.
Looking Ahead: Future PR Application
Looking ahead, remember that this situation should not impact your PR application next year, as long as your employer takes the necessary steps to rectify the situation NOW!
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