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Kaloi
Joined: 01 Aug 2007
Posts: 53
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 Posted: Tue Nov 04, 2008 8:59 am Post subject: VISA PROBLEM! |
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hey board,
I'm in Hong Kong now - my visa is being held by what you might be able to call a less-than-credible placement agency.
I am working in a Primary and it's alright, but I have recently been offered a much, MUCH better job, which I would like to take.
Can anyone give me any idea as to whether getting your visa switched over is a big process? Is there a chance that this less-than-credible boss may hinder it? How common is this?
Thanks! |
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Serious_Fun
Joined: 28 Jun 2005
Posts: 1171
Location: terra incognita
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| Posted: Wed Nov 05, 2008 11:56 am Post subject: Re: VISA PROBLEM! |
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| Kaloi wrote: |
I am working in a Primary and it's alright, but I have recently been offered a much, MUCH better job, which I would like to take.
Can anyone give me any idea as to whether getting your visa switched over is a big process? Is there a chance that this less-than-credible boss may hinder it? How common is this? |
You could get in some serious immigration trouble if you are found to be working without a visa, and your employer could screw you for wages. You'd have no legal recourse.
Switching visa sponsors is an easy process; It takes about the same amount of time that a new work visa takes to process, so I understand, but you won't have to submit all of the documentation again.
You'll need to submit a copy of your letter of resignation which you gave to sponsor #1, and a job offer letter from potential sponsor #2. I don't think that your initial sponsor has any say in the matter unless there is some criminal issue. Breaking a contract will not be an issue if you have a valid job offer letter from potential sponsor #2.
Contact the Immigration Dept. : (852) 2824 6111
good luck.
BTW: if you can, please post the name of the "placement agency" to spare others the ordeal. (I've never heard of placement agencies here...so I am curious.) |
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Kaloi
Joined: 01 Aug 2007
Posts: 53
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| Posted: Wed Nov 05, 2008 3:59 pm Post subject: |
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thanks, buddy!
I'm a little reluctant to post the name right now, but ill probably be talking about it once i am out of the company. |
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anninhk
Joined: 08 Oct 2005
Posts: 284
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| Posted: Thu Nov 06, 2008 1:01 am Post subject: |
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How can an employer hold your visa? It is in your passport - or it should be!
I suppose you mean your visa entitles you to work in that school and so you now need another visa to work in a different school.
Follow Serious Fun's advice and I hope it all works out for you! |
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Kaloi
Joined: 01 Aug 2007
Posts: 53
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| Posted: Thu Nov 06, 2008 2:01 am Post subject: |
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Ann: I was speaking idiomatically, of course....
also, are you only wishing me good luck because the process is a pain in the ass? Or is there a possibility that I might get rejected due to the fact that I am switching jobs in a matter of a few months? |
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Serious_Fun
Joined: 28 Jun 2005
Posts: 1171
Location: terra incognita
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| Posted: Thu Nov 06, 2008 9:51 am Post subject: |
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| Kaloi wrote: |
| also, are you only wishing me good luck because the process is a pain in the ass? Or is there a possibility that I might get rejected due to the fact that I am switching jobs in a matter of a few months? |
no, I am wishing you good luck with the new employer.
You will not have any hassles from immigration. They couldn't care less how long you worked for sponsor #1, as long as you have a job offer letter from potential sponsor #2.
If you try to transfer the visa sponsor again within the next few months, then they might ask you to explain your actions.  |
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Janettyb
Joined: 02 Mar 2009
Posts: 2
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| Posted: Tue Mar 17, 2009 2:49 am Post subject: update? |
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Hi Kaloi:
Are you ready to dish on the less-than-credible school that you worked at? I am moving to Hong Kong in June and will be looking for teaching jobs. I'm just wondering which ones to avoid!
Thanks! |
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Joshua2006
Joined: 04 Jan 2010
Posts: 342
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| Posted: Wed May 11, 2011 7:52 am Post subject: Re: VISA PROBLEM! |
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| Serious_Fun wrote: |
Switching visa sponsors is an easy process; It takes about the same amount of time that a new work visa takes to process, so I understand, but you won't have to submit all of the documentation again.
You'll need to submit a copy of your letter of resignation which you gave to sponsor #1, and a job offer letter from potential sponsor #2. I don't think that your initial sponsor has any say in the matter unless there is some criminal issue. Breaking a contract will not be an issue if you have a valid job offer letter from potential sponsor #2.
Contact the Immigration Dept. : (852) 2824 6111
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Is this still the case or does anyone know of any changes in the visa switching process?
A friend of mine working in Thailand, which I know isn't HK, has heard through the grapevine that if you leave an international school contract early, you'll get blacklisted. I told her this was horse crap as there is no way they would know if changing countries especially.... |
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sistercream
Joined: 18 Dec 2010
Posts: 497
Location: Pearl River Delta
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| Posted: Wed May 11, 2011 8:38 am Post subject: |
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I have no idea what the situation is in Thailand, but in HK if you break contract it's between you and your ex-employer. If it's a big international school that invested a lot in getting you here then there is the theoretical possibility of being sued for civil damages. The top tier international schools form a small enough "world within a world" that if you walked out on, say, HKIS, without due cause, you shouldn't expect GSIS (or FIS, or the ESF schools, etc., etc.) to take your subsequent job application seriously.
I don't know if the EDB has a any kind of blacklist of their NETs who have done runners.
But Immigration Department, no. They'll blacklist you if you have certain classes of criminal convictions (or charges pending) either in HK or abroad, but they don't generally concern themselves with mere employer/ee spats. |
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Joshua2006
Joined: 04 Jan 2010
Posts: 342
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| Posted: Thu May 12, 2011 12:12 am Post subject: |
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| sistercream wrote: |
I have no idea what the situation is in Thailand, but in HK if you break contract it's between you and your ex-employer. If it's a big international school that invested a lot in getting you here then there is the theoretical possibility of being sued for civil damages. The top tier international schools form a small enough "world within a world" that if you walked out on, say, HKIS, without due cause, you shouldn't expect GSIS (or FIS, or the ESF schools, etc., etc.) to take your subsequent job application seriously.
I don't know if the EDB has a any kind of blacklist of their NETs who have done runners.
But Immigration Department, no. They'll blacklist you if you have certain classes of criminal convictions (or charges pending) either in HK or abroad, but they don't generally concern themselves with mere employer/ee spats. |
Thanks - I am planning to do it all by the book anyways.....just to be sure. |
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Serious_Fun
Joined: 28 Jun 2005
Posts: 1171
Location: terra incognita
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| Posted: Sat May 14, 2011 1:50 pm Post subject: |
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| Joshua2006 wrote: |
| Thanks - I am planning to do it all by the book anyways.....just to be sure. |
doing what? bailing on your contract?
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Joshua2006
Joined: 04 Jan 2010
Posts: 342
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| Posted: Sun May 15, 2011 11:56 pm Post subject: |
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| Serious_Fun wrote: |
| Joshua2006 wrote: |
| Thanks - I am planning to do it all by the book anyways.....just to be sure. |
doing what? bailing on your contract?
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Well, bailing with a parachute rather than without...... |
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