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How Do You Prove to the Hong Kong Immigration Department That You Have Tried to Recruit Locally?

September 5th, 2018

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


 

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

Excellent question earlier this week. Great opportunity to slay a few sacred cows.

QUESTION

Hi, one of the requirements for the work visa application is a proof of genuine vacancy. What if a sponsoring company doesn’t do job ads? What can he present? He does recruit locally via his network since he is just a small company. Appreciate your inputs.

ANSWER

It’s important to understand that not every job that has a foreign national candidate for it and a consideration of employment visa hanging off it, not every local job needs to have a local worker for it.

It just depends on all the circumstances of the case. There will be circumstances where you can visit the nature of the position and the circumstances that give rise to that foreign national needed to do that work. It becomes very self-evident that no one will exercise what needs to be undertaken. But how it works is if you are asked by the Immigration Department for proof of a local recruitment exercise, you have to show it. That is if you have conducted it, you need to show that you’ve done it. If you’ve conducted it unsuccessfully, you have an opportunity to explain why, supplying proof, how have you gone about the recruitment exercise and then just explaining how that process works.

If you haven’t conducted it, then you have to justify your application from the perspective that you’re the right person for the job. And either way, the sophistication and consideration exercise really gates the question and the mechanics of the recruitment process, to my way of thinking it may really be a bit hard there’s more important things going here.

So you have to be absolutely certain that no local can do a job before you make a claim that no one locally can reasonably be expected to do that job and that’s where all your focus should lie.

Ok, I hope this helps.

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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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