What if you are Terminated?

My company is restructuring and I have got the termination notice. 31st May is the hanging. All are invited.

My HR says that in order to get all the dues, I need to get a Tax Clearance.

To get all the MPF/ORSO balance, I need to declare that I am leaving HK on a particular date and get it stamped by some authority. If not, they keep some minimum balance in the MPF etc.

At the same time, I have been interviewed by a couple of organizations. There is a chance that I may get an offer from one of them by 10th of June.

What do I do?

How long can I stay in HK?

If I get the new job, do I have to go through the entire process of work visa again?

Do I have to leave HK?


Advice needed urgently. I am unable to get any clear answers from my HR.

I think you can stay until the date stated in your passport. If you get the new job, you can apply for a change of sponsor. Check out http://www.emigra.com.hk/v2/index.php?option=content&task=view&id=7&Itemid=61


"Method Three - Change of Status Application by the Employment Visa Applicant via Form ID91 whilst already in Hong Kong.


This method is now perhaps the most widely used and is almost follows exactly a ‘change of sponsorship’ case - where the applicant currently has an employment visa sponsored by one company but who is now seeking to take up a new employment with an alternate employer.


Both ‘change of status’ and ‘change of sponsorship’ applications, in terms of the consideration processes, are almost identical. However change of status applications are processed via Counter No. 1 on the 24th Entry Visa Section and ‘change of sponsorship’ applications via the 5th Floor Extension Section."

You can stay in HK (but not work) until your current employment pass expires. But if you leave HK (even for one hour) you will be re-admitted as a tourist and subject to the usual limit (6 months for Brits/3 months for most other first-world countries). Of course, you can lie and pretend you are still working; but that is against the rules and might have consequences for any future visas. (Your employer will write to Immi to tell them you have been terminated, and sooner or later that info will pop up on their screens.)