[pd10]

Hi,

I have a working visa which is valid until Mid June 08, but I left the sponsoring employer in December last year.
At the time the employer informed immigration that I had left the company and was leaving Hong Kong.

Now I have a new position, do I have to go through the application again from scratch, or can they swap it over from one employer to the next even though I left that company?

Hope this makes sense !!!! Thanks for any advice...

[PDLM]

You need to apply for a transfer of sponsorship. The process is essentially the same as a new application - you need your new sponsor to justify why they need you and show that they can't get a Permanent Resident. The only thing you don't need is to resubmit all the copies of your qualifications and so on. The form is the same one: http://www.immd.gov.hk/pdforms/id(e)936.pdf

You may not work for the new employer until you have the approval from ImmD. In my case when I did this about 3 years ago it took 3 weeks for the application to be approved. If your visa has only a few weeks or months to run (as yours does) then they will issue a new visa, but if it has more than 6 months to run then you will just get an authorisation letter.

In fact in your case it seems unlikely that you will get the transfer approved before your visa expires, so you will also need to do something about that. Options are:
1) apply for an extension of stay on the grounds that you have applied for the transfer of sponsorship
2) exit and re-enter as a visitor until the application is approved
Don't ignore this - Immigration are quite strict on people who over-stay their visas, and it would harm your chances of getting the application approved. I suggest you talk to the Immigration people about this when you submit the application and ask for their advice.

[pd10]

Hi PDLM, sorry for the delay, internet has been on the blink!!!
Thanks for your reply... my visa expires today and as you guessed the new application isnt in yet!

Since my previous employer cancelled this visa back in December I've been in and out of HK quite a few times (using my ID card)

Do you think I still need to exit and re-enter using my UK passport ?

Best get myself off to Macau pronto if so !!!

Thanks again

[PDLM]

Whatever you do, don't do nothing. If you stay in HK after midnight tonight then you are here illegally and that is going to seriously harm your chances of future visas.

Your previous employer has no power to "cancel" visas. Only Immigration can do that, and even though they can do so in your situation, my experience (and that of people I know) is that they don't if you are genuinely trying to find another job. If ImmD had cancelled your visa then I believe that your ID card would be rejected by the electronic gates.

But given where you are now, either get over to Macau, or get down to Immigration and apply for an extension (but this is only likely to work if you have submitted your application for a transfer of sponsorship).

And I reiterate, if you start working for anyone else until you have the transfer of sponsorship approved then you and your employer are laying yourself open to a whole heap of trouble.