Dependant to E'ment visa change

Posted by Dive bum (175 days ago)

Hi y'all, tried the search function but it wasn't working so apologies if subject covered before.

My hard working wife is the one with the employment visa. I'm working with a dependant visa. Thinking of converting this to an employment visa, in case wife loses job or interest in working. Is this just a case of me phoning up immigration, filling forms in and waiting a while? (The job I do would be tricky for a local to cover.) Are there any things I should be wary about? Any thoughts most appreciated. Thank you.

(I am based in Hong Kong)

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Posted by evildeeds (175 days ago)

Not that simple. Firstly your company would need to sponsor you. They would have to prove that a local (or another dependant/PR for that matter) would not be able to do the job. By employing a dependant visa holder in the first place they have already proved this to be untrue!

So they would have to generate another job title, etc and there is no guarantee an employment visa would be granted. The situation as you enjoy at the moment gives you advantages over your wifes work visa. You can work for whoever you want, start your own business, etc and she can't! Immigration may question why you want to have an employment visa as well.

(I am based in Hong Kong)

Posted by Dive bum (175 days ago)

I'm aware of the considerable advantages provided by the generous dependant employment provisions in HK. But the one downside is a pretty big one - if my wife stops working, it would seem I have to do so as well. Consequently, lots of income becomes no income which is a real bind when you're locked into long rental leases. So, having an employment visa seems a pretty sensible thing to have - but if it's likely that immigration wouldn't like that reasoning then I'd avoid the issue so long as possible and stick with being a dependant.

If my application for a work permit is turned down, does anyone know if I could immediately fall back on my dependant status and consequently be able to continue working in the same position as before. The only reason I got the job in HK was because I had previously worked for the company and they wanted someone they knew to be 'their man in Asia'. It also helped that I had previous experience at a senior management level, had a specific professional accreditation, was fluent in English and had a good knowledge of international employee benefits. But the role was created for me in HK as I happened to be here. It would have been in Singapore if we'd lived there. Whilst there may be one or two people that fit those requirements in HK, there aren't many and they probably wouldn't want the job in any event.

(I am based in Hong Kong)

Posted by Dive bum (175 days ago)

PS thanks for the quick response, evildeeds.

(I am based in Hong Kong)

Posted by beancurd (174 days ago)

If your wife loses her job and you are working under her dependant visa, then your company can sponsor you to help you apply for your working visa. Since you are already working for the company, I think it would be easier for you than those new applicants for working visa. You can go and try to apply for your own working visa by providing all the supporting documents from your present company like how your job can contribute to the economy in Hong Kong, why it cannot be filled up by locals, how important is your position in the company, your contract with the company stating your salary, position, accomodation and other company benefits.

(I am based in Hong Kong)

Posted by Dive bum (174 days ago)

Thanks Beancurd. My concern with not adressing the employment visa until after an event resulting in my wife losing her visa is that we may have to leave HK until my visa comes through. And if this is for 3 months or so, it would be a real bind.

(I am based in Hong Kong)

Posted by beancurd (173 days ago)

Therefore, you must apply your employment visa before that happens and you can also wait for the result while your wife has the employment visa. While you hand your application, you can ask the Immigration officer about your worries.

I have a friend who is a dependant and working in the bank for about 3 years. Then the husband resigned from his job. The bank sponsored my friend and now the husband became her dependant.

(I am based in Hong Kong)

Posted by Dive bum (173 days ago)

Hi Beancurd. Presumably your friend started the process well before her husband resigned to ensure there was no gap in employment visa between the two of them. Is that correct? This was the approach I was planning on following but I was deterred somewhat by Evildeeds' comments.

(I am based in Hong Kong)

Posted by beancurd (170 days ago)

My friend changed from dependant visa to employment few years ago already. It was sudden that the husband does not want work anymore. Therefore, my friend as husband's dependant, immediately informed the bank and since she worked there for few years already, then the company helped to sponsor her.

By the way, the husband was a Filipino driver of diplomat. If a driver of diplomat, the husband can apply the wife as dependant during that time. So the wife was able to work in the Filipino Bank in Hong Kong. And now still working for the same bank and she got her HK permanent I.d. after 7 years working in the Bank.

(I am based in Hong Kong)

Posted by Dive bum (170 days ago)

Did the lack of warning mean that his wife had to stop working whilst waiting for the employment visa to come in or did immigration allow her to continue given the employer was sposoring her?

(I am based in Hong Kong)

Posted by dasia (170 days ago)

Diva bum. If you are already working ask your HR Department to apply for a working visa for you now for all the reasons you stated above. Will be surprised if it is not approved as the reasons you gave are sound.

If there is no HR Dept prepare the application yourself and ask the Manager/Owner/MD to sign it for you.

I have submitted applicaitons for 3 people in the past 12 months and non have been rejected. Just need to sound indispensable to the company.

(I am based in Hong Kong)

Posted by Dive bum (170 days ago)

Thanks Dasia. The vote of confidence I was hoping for. I'll go for it and report back in due course on how I fared.

(I am based in Hong Kong)

Posted by Dive bum (15 days ago)

An update on my plans to switch from a dependant visa to an employment visa.

Apathy ruled, as usual, so nothing has been done until very recently to progress matters. The increasing number of HK redundancy exercises and concerns that my wife's employer might join in the fun has caused me to revisit this.

I spoke with the immigration department this morning (started at number 32 in the queue but it didn't take too long to get through a real person). They were very helpful, as many have commented in the past. I was told that if my wife loses her job then I maintain my dependant visa until this runs out (and it was recently renewed for 2 years) and I can continue to work (flexibly) during this period. My wife also gets to remain in HK but would need to reapply for an employment visa if she wanted to work. Alternatively, I could apply for an employment visa during this period and she then gets a dependant visa.

This all sounds rather splendid but it does seem to conflict with other posts I've seen that suggest once the employment visa holder loses their job, the dependant visa holder also has to stop and both have to leave HK. Does anybody agree/disagree with what immigration have told me?

(I am based in Hong Kong)

Posted by GreenValleys (14 days ago)

It has certainly been my long-held belief that a DV is inextricably linked to the EV. Once an EV holder loses his job he is able to stay in HK (but not work - that would need a new EV) until his visa expires or he leaves HK, whichever comes first. As soon as he leaves (for whichever reason) the EV is cancelled...and the linked DV would also be cancelled. Sounds like I might be wrong on that last bit though.

(I am based in Jakarta)

Posted by Dive bum (14 days ago)

I imagine that this issue will become of keen interest to a number of dependant visa holders in HK that have not gone down the Tai Tai route (I wanted to, but my wife wouldn't let me...). The position as presented by immigration is certainly helpful as, if true, my wife and I can continue to survive in HK on just one of our incomes and the long period we have until renewal gives lots of time to reach break clause dates on our house and/or seek new employment. If you've only got a few months before the visa is due for renewal then an employment visa each is the way to go. It may be the way to go in any event. I heard that during SARS dependant visa holders had to stop working in order to max out jobs for locals. Could this happen again if recent HK unemployment predictions (today's Standard was grim reading) are borne out?

(I am based in Hong Kong)

Posted by Shoe Girl (14 days ago)

Dive Bum, what the Immmigration officer has told you accords with my understanding of the present situation. If your wife loses her job (and I hope she doesn't), you both can stay in HKG until your visas expire. As a dependant of your wife, you are free to continue working until your visa expires. Your wife, however, whilst she is also free to remain in HKG until the date of expiry of her visa, is not able to work for anyone else unless she has the permission of the Immigration Department. She would need to secure another job and get the new employer to apply to the Immigration Department as her new sponsor. This is fairly straightforward. Alternatively, you can apply to the Immigration Department for a change of status from a dependant visa to an employment visa. Once that is granted, your wife would be free to work without any restrictions as your dependant.

(I am based in Hong Kong)