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curiousW
Joined: 27 Jun 2003 Posts: 16
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Posted: Tue Jul 08, 2003 2:23 pm Post subject: Illegal work/Sponsorship/the Law? |
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I've read some about this topic in this forum but I would like some final clarity. Will employers/schools hire me without a work visa? Will places offer me a work visa? If they do offer to sponsor me, what are the requirements work-wise (eg. # of hours)? Finally, if things don't work out with that organization, what is the process of losing your work visa status? Must I leave the country and re-enter? Does the employer have all the power?
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Freddie_Unbelievable
Joined: 06 Jun 2003 Posts: 288
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Posted: Tue Jul 08, 2003 10:09 pm Post subject: |
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You need a visa. Get one. If not, you could be in serious trouble. |
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prplfairy
Joined: 06 Jun 2003 Posts: 102
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Posted: Wed Jul 09, 2003 12:50 am Post subject: |
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Come on Fred don't scare people like that. First of all lets clear up a few issues. If you are not an HK resident you cannot get a work visa until you get a job. Once you get a job and they decide to sponsor you then you get a work visa and once it is finished you can extend it. If you see ads saying they want people with a work visa what they mean is they want someone who has worked in HK before who they already know will get cleared by Immigration and Labour. In additon changing the sponsor of a work visa is much quicker than applying for a new one.
This means that the a employer must be willing to sponsor you. The process is not difficult but the employers love to make you think that it is a beaurocratic nightmare. If a school has its paper work in order, and everything they are doing is legal, all they have to do is fill in a about five pages of forms relating to the specific employee. Still many employers are hesitant to go through this process. This is why you see ads requesting HK residents or people who already have work visas.
To get a work visa there are several prerequisites. One, the job must be full time. You cannot get a visa for a part time job and you cannot work for anyone other thanyour sponsor. Two, the salary must be at least $12,000 a month. Three, the company must prove that they cannot fill the post with a local citizen. This is not difficult if you have a degree or training or experience in ESL.
If things don't work out with that company the most important thing is DO NOT LEAVE THE COUNTRY. That means China too. Here is why: when you come back in to HK you will classified as a tourist again and you work visa will be invalid. If you stay in the country then your work visa stay valid regardless of your former employer. This is a bit of a strange loophole but an essential one none the less.
Lastly, see my rather lengthy other postings regarding working without a work visa. In short it is easy to do, is not cracked down upon by the government, but pay can be low and you have no recourse for mistreatment your employer. Get a visa if you can but don't let it stop you from doing what you want to do. |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Wed Jul 09, 2003 10:05 am Post subject: |
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If you work in HK illegally, you have to leave the territory every three months (in the case of most Western nationals who do not need a HK tourist visa).
Now when you re-enter, they will see when you had left; if you re-enter on a predictable and regular basis, you become suspicious to the Immigration.
Even if you have three dozen entry stamps and exit stamps in your passport, they never fail to check when you last entered/exited. Thus, you are playing with fire if you work in HK without a visa.
Hong Kong is not like Taiwan.
Since it has reverted to Chinese sovereignty, the rules have been tightened. You now get a small information leaflet upon arriving at the Immigration hall at the airport or the Lohu checkpoint, which warns you against working illegally in HK.
By the way, you are supposed to be carrying ID (your passport!) with you at all times. Failing to do this could cause you unbelievable hassles (interrogation by the police, incarceration for up to one day). It has happened to whites, and it is happening to Chinese all the times.
And last but not least: Hong Kong has a teacher oversupply due to closing of many schools. |
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Freddie_Unbelievable
Joined: 06 Jun 2003 Posts: 288
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Posted: Wed Jul 09, 2003 10:14 am Post subject: |
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Lighten up fairy. Hey, backpackers should go to Korea. It is easy and fun. Hong Kong is for professionals. Gey your visa and your benchmark...or get out. Why invite trouble. Heck, you should get your qualifications while your at it, or go to Korea. |
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curiousW
Joined: 27 Jun 2003 Posts: 16
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Posted: Wed Jul 09, 2003 12:53 pm Post subject: |
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Thanks for the responses. Illegal work is only a possible backup until I find the right employer. But the issue of potential sponsorship trouble is pertinent for expats in any country. I'm surprised to hear that HK work visas are not cancelled if you leave the organization that sponsors you.
One thing Roger mentioned is that HK has an oversupply of teachers due to school closings. No offence, but how accurate is this statement?
And Freddie_Unbelievable, what did you mean by "benchmark"? BTW I'm not backpacking, I have BA, GradDip Education, CELTA & 5 years experience. |
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Freddie_Unbelievable
Joined: 06 Jun 2003 Posts: 288
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Posted: Wed Jul 09, 2003 9:57 pm Post subject: |
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The Benchmark Assessment is what all language teachers must pass who work in a gov. school. Net teachers do not have to take the test. However, teachers can become a NET without a PGCE or English Major. These teachers must take it. And, it is difficult.
Were you thinking of working for an institute? |
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prplfairy
Joined: 06 Jun 2003 Posts: 102
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Posted: Thu Jul 10, 2003 5:50 am Post subject: |
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Hi again,
First off, no one is inviting back packers. They don't do well here and it's common knowledge. My point was that sometimes qualidfied teachers cannot find desirable jobs straight off so they take illegal jobs for a time. This does not make them back packers or unqualified.
As far as a surplus of teachers, it is true in the sense that there is a surplus of mediocre teachers who hold some qualifications but not others, like having a degree but not post grad TEFL/CELTA and so on, but if you hold the relevent qualifications, degree, TEFL/CELTA and overseas work experience (HK or China is preferred) then you CAN find a job in Hong Kong. I am leaving my current position and managed to find not only a job for next year at a better school but also one for the the summer, so the idea that a quaified person should regard this surplus as a reason not to apply is ridiculous. You will have to earn it though. I beat out a lot of people and had to teach a practice lesson while the principal and Englsih dept. chairs watched with one company and take a two-hour long exam for the other. So if you have the goods you'll do fine if not well... Also in some respects there are more vacancies than usual because during the SARS scare lots of "professionals" left their jobs with little or no notice and many of those positions were left empty for the remainder of the school year. Now they need replacements. |
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curiousW
Joined: 27 Jun 2003 Posts: 16
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Posted: Thu Jul 10, 2003 11:50 am Post subject: |
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Thanks for the responses. I was thinking of applying to an institute, preferably for adult learners. Or perhaps I can get some privates through contacts. In any case, sounds like I should brush up on everything in prep for interviews. Any advice? |
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Freddie_Unbelievable
Joined: 06 Jun 2003 Posts: 288
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Posted: Thu Jul 10, 2003 1:53 pm Post subject: |
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Does the employer have all the power?
What power are you talking about. If it's work then yes. HK is not for the lazy (or unstable) but, if you are a professional you will do fine here. If your here for a quick buck it must be for 2 or more years because there is a big start up cost in HK. |
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