[Alby]

Originally Posted by dychen85

THey rejected my application for a visa last time because I was born in China. Thats my only problem. They claimed that I need to show that I received a travel visa before.Does anyone know if they will accept a copy of my old china visa as proof? If it wasnt for that then I would just go to shenzhen.

David -
Yes that was once the case but how long ago it when you applied? Because within the last 18 to 24 months there has been a shift by the PRC to welcome visits and work permits for overseas Chinese. Many friends and colleagues who have similar situations as you have been welcomed with open arms.

Now, if you were to take the approach that you originally had asked about - going to Shenzhen then denied entry and have to be turned back - now you are asking for trouble as the PRC and HK government may perceive you as a 'threat' and find a reason to detain you. They will take the attitude that 'you should know better' - unfortunate but true as it is an expected mentality that Chinese everywhere know everything about China (whereas this is NOT the case) Trust me if they want to detain you they will find a reason - as it will add a notch of achievement to their superiors that they were effective in their work.

If you want to even avoid the likelihood of such an incident occurring again then as a US Passport holder you can go to Macau without a preapproved Visa as you will get one on arrival (automatic).

Now, if you go to Macau and they turn you away - have them give you written documentation and when you return to HK go to Immigration in Wan Chai on the 5-floor and with some sort of evidence about the previous denial of China-visa (if it has been within the last 3 years) and the denial from Macau - then request that HK Immigration make an exception as you already in Hong Kong.

If they refuse this then - put the cost of your exit trip by plane on your employer - and be sure to have evidence that they requested you to come to HK before being approved for a work visa - as it will only support your case with your employeer as they ill advised you.

Plastic dog has mentioned the 'myths of immigration' - but my interpretation is if you are a first time work visa applicatant you need to exit HK but ever time after that you don't have to - if I have advise wrongly please inform me with solid information/documenation or a name and contact whom you spoke to in Immigration that has given such advice which support Plastic dog's statement (post). As it may assist with an existing situation I am dealing with.

[PDLM]

I never had to leave HK when my Employment Visa was approved. My HR just went with my passport to ImmD and brought it back with the Visa in it; I then went and applied for my HKID card. I'm not sure if there was any "Conditions of Stay changed" stamp as well - I'd have to try to find that old passport to be sure. But since I was here on a 6 month business visitor visa anyway and travelling all the time it didn't really matter.

[dychen85]

Chinese Consulate claimed that I needed to show my old visa. Since I dont have my passport here I still have a copy of my old visa in my old passport. DO you think a copy will be good enough? Or do they need the full passport?

Dave

[Alby]

Originally Posted by PDLM

I never had to leave HK when my Employment Visa was approved. My HR just went with my passport to ImmD and brought it back with the Visa in it; I then went and applied for my HKID card. I'm not sure if there was any "Conditions of Stay changed" stamp as well - I'd have to try to find that old passport to be sure. But since I was here on a 6 month business visitor visa anyway and travelling all the time it didn't really matter.

PDLM is seems that you have an HR Dept. that is very proactive as you worked in Hong Kong on 6-month employment visa - was this applied for overseas or after you arrived in HK?

David - the rule of thumb I always follow is - have the "original" - however that is not alway possible. If you only have the copies at this time you can proceed with them and see what happens.

[PDLM]

No - I first came here to work on a project in my company's office for a few weeks (I was still employed in Europe); so I was just on a normal 6 months (UK citizen) visitor visa. After a while it was decided to transfer here permanently so we put the application in here whilst I was working on the project.

[sunniefaith]

Originally Posted by PDLM

No - I first came here to work on a project in my company's office for a few weeks (I was still employed in Europe); so I was just on a normal 6 months (UK citizen) visitor visa. After a while it was decided to transfer here permanently so we put the application in here whilst I was working on the project.

How many years ago was that? Things might have changed

[PDLM]

Quite a few, but I know colleagues who have done the same within the last 2 years in exactly the same way.

[Alby]

Originally Posted by PDLM

No - I first came here to work on a project in my company's office for a few weeks (I was still employed in Europe); so I was just on a normal 6 months (UK citizen) visitor visa. After a while it was decided to transfer here permanently so we put the application in here whilst I was working on the project.

PDLM - The last I heard (about 2 years ago) there is an agreement between the UK and HKSAR that still stands which has something to do with the work visa process and agreements for UK citizens.

There is also the fact that your company has a very good established relationship with the Immigration Office as it seems they process paperwork throught the Immigration regularly and are able to have an effective process - this does not hold true for many MNC and local companies.

[freeier]

actually i think its possible. but at the point of application you'd have to specify whether you are currently in hk or you are currently overseas.

most HR takes the approach that the employee is coming in from o/seas and they will post you the sticker for you to stick it on and come in to activate the visa. but my HR did ask me when i was bringing my family in (6mths after my own arrival) if they are going to be here or they want the exit/entree sticker.

i don't think the immigration alters their process for people that they are familiar with. but more that the company is familiar with the various options they have with experience, and are able to select the correct process to take.

and i am not from uk

[Alby]

Originally Posted by freeier

the company is familiar with the various options they have with experience, and are able to select the correct process to take.

Well stated freeier - EXACTLY, what I was trying to say but fubbled over - I certain HR's know the process and know how to get things done.