[IQ Balls]

Hi all, your advice to invaluable to me!

This is my situation:

My husband works in Hong Kong, so i'm on a Spouse Dependent Visa. I understand from the immigration website that i'm not automatically granted permission to work unless i satisfy some criterias. I've read those criterias and seem to fit in well.

I've got an interview coming up early next week, and likely they'll ask when i'm able to start work and get the OK from immigration to do so.

My Question is:
- For all those people who have had experiences with this, how long does approval for the change from Dependent Visa to Work Visa take?
- What documents does immigration require?
- What's a comfortable time period i should tell my employer to wait before i can commence work?
- Does my future-employer need to pay anything mandatory to employ me?

I'll be grateful if anyone could share similar experiences with me

[KnowItAll]

Generally takes 4-8 weeks depending on how much information was provided in the first pass and how clear cut your case is.

If the employer can convince immigration that they need to hire you, you have sufficient qualifications and experience that they cannot find locally you're all set.

Paperwork depends on what qualifications you've been hired for .. degree certificates, documentation of experience etc ....

Visit immigration or their website (www.immd.gov.hk) and become familiar with their forms / documentation.

[IQ Balls]

Thanks for the advice Knowitall

Wondering if there's gonna be heaps of paperwork my employer might need to do?

Cos it seems my chances are pretty low if they've got to go through so much just to employ a Part-time Teaching/Research Assistant...

[PDLM]

Originally Posted by IQ Balls

Wondering if there's gonna be heaps of paperwork my employer might need to do?

One well-written letter explaining why you are the best person for the job, the process they have been through in failing to find a local person of comparable abilities, and how important you are to their overall business in Hong Kong should suffice. You can do the forms yourself and attach copies of educational certificates etc as clearly specified in the application form and accompanying guidance notes.

[jaetee]

I thought everyone with dependant visas are legally allowed to work, unless there is a specific stamp on the visa stating no employment allowed.

[PDLM]

Originally Posted by jaetee

I thought everyone with dependant visas are legally allowed to work, unless there is a specific stamp on the visa stating no employment allowed.

Sort of true - but if you are dependent on a non-permanent resident (e.g. someone here on an Employment Visa) your Dependent visa will state that employment is not allowed.

[IQ Balls]

Originally Posted by PDLM

One well-written letter explaining why you are the best person for the job, the process they have been through in failing to find a local person of comparable abilities, and how important you are to their overall business in Hong Kong should suffice. You can do the forms yourself and attach copies of educational certificates etc as clearly specified in the application form and accompanying guidance notes.

Thanks heaps PDLM

I also wrote in to Immigration and here's their reply for anyone interested:

Dependants admitted for residence in Hong Kong to join a sponsor who has been admitted into Hong Kong to take up employment or study are not permitted to take up employment in Hong Kong. Should a person wishes to take up employment in Hong Kong, he/she will have to submit the application for approval.

Application should be submitted to our Extension Section at 5/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong. Upon application, he will have to produce relevant documentary proofs, for examples:
1. a completed application form ID 91;
2. applicant's valid travel document (original);
3. employment contract/employment letter from the prospective employer;
4. sponsorship form ID 428B from the prospective employer; and
5. supporting documents specified in ID 428B.

Each case will be considered on individual merits. Visa application by fax or e-mail is not acceptable.

If the applicant is unable to attend in person, he/she may authorize in writing a representative to bring along the supporting documents to submit the application. However, the applicant must be in Hong Kong at the time of application and collection of visa. In general, when applicants/representatives submit the applications to our counter, we shall issue them with a quota tag. We shall then examine the applications in first-come-first-serve basic. And shall return the travel document to them with a call card, asking them to wait for the result by letter/phone.

In addition, the entire processing time normally takes about 4 to 6 weeks. However, it varies from case to case and depends on the sufficiency of the supporting documents provided. Nomination of a local reference (if any) will assist us in conducting enquiries and avoid unnecessary delay.

Entry of foreign nationals into the HKSAR for employment is governed by a restrictive policy. An application for an entry visa/permit to enter Hong Kong for employment or investment may be favourably considered if:
a. the applicant possesses a special skill, knowledge or experience of value to and not readily available in Hong Kong; or
b. the applicant is in a position to make a substantial contribution to the economy of the HKSAR.

Criteria to be considered include :
a. whether there is a genuine vacancy for an employee in Hong Kong;
b. what skills, knowledge and experience are needed for the job;
c. whether the terms and conditions of employment are comparable to those in the local market;
d. whether the applicant is suitably qualified and experienced relevant to the job; and
e. whether the job can be filled locally.

[kiffguy]

Originally Posted by PDLM

Sort of true - but if you are dependent on a non-permanent resident (e.g. someone here on an Employment Visa) your Dependent visa will state that employment is not allowed.

I am a non-permanent resident and my wife's visa does not state she is not allowed to work.

[prettynvain]

so if dependant visa via the spouse who is a hk national, it means allowed to work without having new application for change of dependancy visa?

[PDLM]

Kiffguy,

The post you quoted from me is very old. The rules have changed.

Since July 2006 the situation is that anyone holding a Dependant Visa who is Dependant on:
- a HK Permanent Resident
- an Employment Visa holder
- an Investment Visa holder, or
- a Capital Investment Entrant Scheme visa holder

may work without restriction.

Dependants who are Dependant on Study or Training Visas may not work.