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What Are the Obligations of an Employer to a Prospective Employee When an Application for a Hong Kong Work Visa Has Been Refused?

January 16th, 2014

Posted in Employment Visas, Musing, Refusals & Appeals, The Hong Kong Visa Geeza /


Foreign nationals seeking to work in Hong Kong have a lot of stake in an employment visa application so when it doesn’t work out positively where does that leave their proposed relationship?

2555 continuous (or cumulative) days in Hong Kong for the right of abode? Surely not?



After the recruitment process in a multinational company in Hong Kong, they decided to employ me, so I signed the offer job letter with all terms and conditions and I provided them all documents requested for the visa.

After about a month, a received an email from the company: my employment visa application was refused, as ImmD consider my position could be filled my a person from the local labour market.

I tried to convince my boss to make the application again but they denied saying that a successful result was not guaranteed and they could not wait longer.

Basics of the position:

- Native spanish, fluent english, experience in sales and customer service.

- Salary 16,000 hkd per month

My questions are:

(1)  Doesn’t the company have any responsibility in the application process about starting again the application (in the offer letter says the employment is subject to the Visa working permit)?

(2) Is it common that after a visa application is rejected the company does not provide any help or solution?

(3) Taking into account that companies try always to employ people who already has visa to save money and time, how much is the cost of the working visa for them?

Thank you in advance.

More Stuff You May Find Useful or Interesting

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Is there such an animal as a ‘flexible working visa’ in Hong Kong?

I would like to apply for a ‘job seekers’ visa for Hong Kong – how do I go about doing that?

Lame excuses won’t cut it if you’re caught working in Hong Kong without n employment visa

How a Hong Kong employment visa application can go completely wrong if you don’t know what you’re doing



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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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