[BenderBends]

i have a question reagrding legality of a situation.

I am an American with US Passport.
I do not have a HK ID or VISA.
I have been here for 2 months. The maximum allowed stay is 90 days I know.

I have just been offered a job.
The company wants to put me on a 3 month probation period with NO written offer/contract. They said it is a "consulting contract" for first 3 months, so I will not need a VISA.
They will send me to office in China once or twice to extend my 90 days.
During these 90 days they will apply for my HK working VISA, which they said is NO garuntee.
IF the VISA is approved, they will give me a written offer and salary raise with the HK work ID.


I have read and understood that this would be illegal. That under no circumstance can you work in HK under a tourist visit, and that if you are in process of applying for work VISA, you can not work during that time, nor can you travel.

Can someone who knows the law better, explain to me if this is a safe legal thing, or am I going to be hiding something from government or is it all a scam?

I ask cause I don't want to risk getting in trouble and be sent back to USA. I want to stay here, and find a job who is willing to hire me legally. I don't want to be in a "hiding" position.

[JAherbert]

hi,

As you know already it is illegal. Also if the company forgets/fails to pay you (which has happened in the past) you will have no recourse to recover your salary.

If you do it, it will be a gamble.

[KnowItAll]

Illegal. You would really have to be pretty dumb to take these risks, assuming you want to continue living around these parts.

Also, do you really want to work for someone who will knowingly break the law? Think about how much respect they would treat you with.

I'm still not convinced about your posts... is this all a prolonged windup?

[BenderBends]

its not really me...its my friends situation...im just trying to get information for him to help them out...

i thought i new the situation....but i wanted to be sure before opening my mouth....live and learn


so there is definitly no "consulting" allowance to stay with no VISA right?

[Alby]

The company will have to apply for a Short term Business Visa

[JAherbert]

Originally Posted by mattstewart

its not really me...its my friends situation...im just trying to get information for him to help them out...

i thought i new the situation....but i wanted to be sure before opening my mouth....live and learn

so there is definitly no "consulting" allowance to stay with no VISA right?

Correct.

There was a recent case (can't remember where I read it) some guy did as your friend is considering, but was never paid. And complaining to the labour dept. is not an option for illegal workers.

[Mat]

Originally Posted by mattstewart

its not really me...its my friends situation...im just trying to get information for him to help them out...

i thought i new the situation....but i wanted to be sure before opening my mouth....live and learn


so there is definitly no "consulting" allowance to stay with no VISA right?

Man, you always put yourself into funny situation... What is your doctor prescription on this?

[BenderBends]

im not the one in this "funny" situation...but if i was...my doctor would tell em to watch "the soup"

[marcuslai]

Originally Posted by mattstewart

under no circumstance can you work in HK under a tourist visit

hmm, my colleagues from europe routinely come to hk (sometimes for weeks at a time, but less than 90 days) for various work functions, entering either visa-free, or on a tourist visa. has all this been illegal ?

[kostas]

Originally Posted by marcuslai

hmm, my colleagues from europe routinely come to hk (sometimes for weeks at a time, but less than 90 days) for various work functions, entering either visa-free, or on a tourist visa. has all this been illegal ?

If your colleagues are being employed and paid by a company outside HK then that's not illegal.