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IMPACT – MEDIUM
What is the change? Hong Kong employers must include a new declaration form verifying their local recruitment efforts when applying for work permits in the General Employment Policy category and Admission Scheme for Mainland Talents and Professionals category. The Immigration Department has confirmed that employers hiring foreign nationals under the Immigration Arrangement for Non-local Graduates category do not need to conduct local recruitment and are not required to file the declaration form.
What does the change mean? An authorized individual in the company must sign and stamp a declaration form stating that “genuine efforts have been made to recruit suitable local candidates but without success,” or providing a reason if genuine efforts have not been made. This requirement follows recent changes requiring employers to take additional job-advertising steps.
Background: The Hong Kong Immigration Department was subjected to a government audit in April that made several recommendations aimed at strengthening enforcement in a number of areas, including whether employers were taking steps to hire local workers before filling jobs with foreign workers.
BAL Analysis: The additional declaration form is consistent with expected changes as a result of the audit. Hong Kong employers should expect greater tightening of immigration rules in the near future as the department continues to implement the audit recommendations.
This alert has been provided by the BAL Global Practice group and our network provider located in Hong Kong. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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