No Further Stay Waiver Template for Hong Kong

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Key Requirements PROMPT example:

No Further Stay Waiver

I need a No Further Stay Waiver for a senior software engineer from India who will be working in our Hong Kong office on a 12-month contract starting March 2025, with specific acknowledgments about their employment being strictly temporary.

Document background
The No Further Stay Waiver is a critical document in Hong Kong's immigration framework, typically utilized when there is a need to establish clear boundaries regarding an individual's duration of stay in Hong Kong. This document is commonly used in employment situations where temporary assignments or fixed-term contracts are involved, or in cases where visa holders need to formally acknowledge the temporary nature of their stay. The waiver serves as a protective measure for employers and provides clarity for immigration authorities. It includes comprehensive details about the visa holder's current status, explicit acknowledgments of understanding, and clear statements about the implications of waiving the right to apply for further stay. The document must comply with Hong Kong immigration laws and regulations, and often requires careful consideration of both employment and immigration implications.
Suggested Sections

1. Parties: Identification of the individual waiving rights (visa holder) and any other relevant parties

2. Background: Context of the current visa/immigration status and reason for the waiver

3. Definitions: Key terms used in the document including 'Further Stay', 'Visa Status', 'Extension of Stay' etc

4. Current Immigration Status: Details of the visa holder's current status, visa type, and validity period

5. Waiver Declaration: Express waiver of the right to apply for further stay or visa extension

6. Acknowledgments: Confirmation that the visa holder understands the implications of the waiver

7. Legal Effect: Statement of the binding nature of the waiver and its legal consequences

8. Governing Law: Specification that Hong Kong law governs the waiver

9. Execution: Signature blocks and execution details

Optional Sections

1. Employment Context: Required when the waiver is connected to an employment relationship

2. Special Visa Conditions: Needed when there are specific conditions attached to the current visa

3. Immigration Advice: Statement confirming whether independent immigration advice has been received

4. Language Declaration: Required when the visa holder's primary language is not English or Chinese

5. Revocation Terms: Include when specific circumstances for potential revocation need to be outlined

Suggested Schedules

1. Schedule 1 - Visa Details: Copy or details of current visa and conditions

2. Schedule 2 - Immigration Status Evidence: Copies of relevant immigration documents proving current status

3. Schedule 3 - Authorized Representatives: Details of any authorized representatives or witnesses

4. Appendix A - Declaration Form: Standard declaration form confirming understanding of the waiver

5. Appendix B - Rights Summary: Summary of rights being waived and legal implications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Financial Services

Technology

Education

Professional Services

Manufacturing

Construction

Healthcare

Hospitality

Retail

Consulting

Legal Services

International Trade

Relevant Teams

Human Resources

Legal

Compliance

Global Mobility

Immigration

International Assignment

Corporate Services

Employment Law

Risk Management

Personnel Administration

Relevant Roles

HR Manager

Immigration Specialist

Legal Counsel

Compliance Officer

Global Mobility Manager

HR Director

Employment Lawyer

Visa Coordinator

Corporate Immigration Manager

International HR Specialist

Talent Acquisition Manager

Personnel Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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