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.
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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
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
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
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