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Can I Use the Impending Expiry of My Hong Kong Work Visa as a Way to Force the Early Termination of My Employment Contract?

February 10th, 2017

Posted in Employment Visas, Family Visas, The Hong Kong Visa Geeza, Your Question Answered /


 

In the final analysis, this question is really about employment law which I am not qualified to answer (I’m an immigration guy).

SMALL-keep-calm-and-ask-the-visa-geeza

However, it does afford an opportunity for a discussion about extending an employment visa when there’s only the notice period remaining on a subsisting employment contract.

QUESTION

I am an Australian expat, currently working under employer sponsorship in Hong Kong. This question is about  the expiry of my Hong Kong work visa.

I have recently handed in my resignation letter to my employer which requires a notice period of 2 months. As I am a ‘key employee’ the news has been taken fairly badly and they are forcing me to work the full notice period.

I want to be a good guy but the new role is a fantastic opportunity (not in Hong Kong) and the offering company is being pushy about the start date.

My current employer has rejected all propositions of negotiation.

The problem lies in the fact that my employment visa is due to expire in 5 weeks.

There is no mention of the visa in my employment contract.

Can the current employer demand that I renew my employment visa?

My spouse is also supported by this visa.

I would be quite happy to call it quits at the expiry date, pay all my bills and leave Hong Kong for good.

More Stuff You May Find Interesting or Useful

Does the Hong Kong change of employment visa sponsorship process compel me to disclose the reason why I left my last job?

Will the Hong Kong Immigration Department extend my employment visa if I am subject to a pending police investigation?

Will I get kicked out of Hong Kong if I have lost my job here?

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?

What can be said to constitute ‘ordinary residence’ for the purposes of a Hong Kong right of abode application?

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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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