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How Can I Prove to the Hong Kong Immigration Department My Last Day of Work for My Previous Employer as Part of My Change of Employment Visa Sponsorship Application?

July 29th, 2013

Posted by / in Employment Visas, Your Question Answered / 4 responses


 

The Immigration Department need documentation to understand when to demarcate new from old sponsorship arrangements when changing employers and the million dollar question is……. what will suffice?

QUESTION

I have a sponsored visa from my current employer until November 2014.

I am now wanting to leave this company and start work for a new employer as of  October 2013 .

I need obviously to inform the Immigration Department of a change of sponsor and get the visa updated to reflect the new sponsor.

My employer says he will not issue me a release letter which he claims that I will need to be accepted onto a new visa. He says if I stay until Jan 2014 he will issue the letter then.

This sounds like he is trying to bully me to stay.

I have three questions:

(a) Do I really need this release letter signed by my current employer to change sponsorship?

Or would immigration be happy to take a letter from me saying my contract has being terminated and I am no longer employed in Hong Kong.

(b) If I do need it can he legally refuse to provide it if the contract is terminated and all penalties etc are settled as per contract.

(c) Thirdly if he is obliged to provide it how can I ensure he does this in a timely manner?

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The Hong Kong Visa Geeza (a.k.a Stephen Barnes) is a co-founder of the Hong Kong Visa Centre and author of the Hong Kong Visa Handbook. A law graduate of the London School of Economics, Stephen has been practicing Hong Kong immigration since 1993 and is widely acknowledged as the leading authority on business immigration matters here for the last 24 years.

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RESPONSES
  • Ben Harrison Place

    8 Jun 2017 pm30 2:43pm
    01

    Great Answer, but what sort of document could I as an employee provide which clearly stipulates my last day of employment if the employer wont provide the release letter?

    • The Visa Geeza

      10 Jun 2017 am30 11:37am
      02

      Email correspondence or a one way employee to employer ‘bye bye’ letter. An employer can’t hold an ex-employee’s continuing residence to ransom by not playing ball

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