Old company refuses to release visa

Posted by momo8.. (243 days ago)

I have a friend who was working for a company but during the probation period he decided he wanted out so he left as he found another job.

Problem is the old company refuses to give him a letter of release for the working visa as he had a major falling out with the boss.I don't know much about these things but can that company legally do this?Seems like a low thing for them to do.

(I am based in Hong Kong)

Posted by GreenValleys (243 days ago)

I'm not sure there's actually any requirement for the company to give a letter of release. However, the company is required by law to inform Immigration within a specified period (7 days?) that he/she no longer work for it. That results in Immigration cancelling the work visa, although that isn't picked up until he/she next leaves HK. If he/she then returns it will be on a tourist (eg) visa.

(I am based in Jakarta)

Posted by momo8.. (243 days ago)

This happened a month ago and he flew to Singapore and also went to Shenzen and didn't get stopped at Immigration when passing through.Anyway I'm sure that new company can sort it out for him about a visa changeover.

(I am based in Hong Kong)

Posted by seb-in-hk (240 days ago)

Your friend does not need a letter of release to get a new visa (or to extend / update the existing visa). The only thing the immigration department cares about is the contract with the new company and that the new company can prove that they really need your friend to fill the position they offer.

(I am based in Hong Kong)