[vonDutch]

Hello All,

A question about working visa again.....

For the avoidance of doubt, in case a person holds a working permit till 2007 and s/he would like to change his/her employer right now, does the potential employer need to take in consideration the infamous 3 months? Or is the working permit holder considered an equal with a permanent resident job hunter?

Technically, I believe the 3 months period should be taken in consideration as it is linked to the company and not to the status of the job hunter. Anyone experience with this? Or holding a different view?

Sharing thoughts will be appreciated!

Cheers,

VonDutch

[PDLM]

You Employment Visa is linked to the sponsor. If you take a new job then you need to make a new application for transfer of sponsor. You may not (officially) make the pplication until you have left the previous employment, nor start at the new one until it has been approved.

In my case it took just under 4 weeks for the application to be approved, but that was making sure that I, once again, flooded ImmD with all the supporting documents that they requested, including a very detailed letter from my new employer (written by me) explaining why I was better than any local employee for the job.

[vonDutch]

So you are saying you took the new job without yr new employer fulfilling the 3 months time?

[PDLM]

Sorry - I don't understand the question. What is this "3 months time" to which you are referring?

Are you referring to normal Employment Visas or are you on something special like a "Working Holiday Visa"?

[vonDutch]

Sorry for not being clear.

Before the company is allowed to bring a non-permanenent resident holder on board, it needs to prove the HK Immigration department that it has done its utmost best in searching for qualified candidates from Hong Kong.

As a rule of thumb, the Immigration Department requires the company to search for at least 3 months for qualified candidates among PR holders prior they may grant a foreigner the position.
My previous company did the same thing, but I understand there are many occassions where a company directly applies for a working visa for a foreigner with a newly created position (so, not taking in consideration the 3 months).

Hope to hear from you!

[PDLM]

I've never seen the 3 months to be a particular issue - you just need to write a letter to Immigration demonstrating that you have made reasonable efforts to find a PR who could do the job. What constitutes "reasonable" depends on the circumstances and the specific requirements of the job. I have never heard of a situation where ImmD said "no - you have only been looking for two months, please look for another month".

In any case, how is ImmD to know when the employer started looking? It is perfectly possible for the 3 months looking for a local to be in parallel with looking for an expat - they don't have to be sequential.

[vonDutch]

PDLM, thanks for yr sharing thoughts. I believe you are right. Everything should be looked case by case.

Thanks!