What Pathways To An Employment Visa Exist For A Fresh, Foreign University Graduate Arriving In Hong Kong Seeking Career Opportunities Here?

Posted by The Visa Geeza / in Employment Visas, Special Programmes, Your Question Answered / No responses

What Pathways To An Employment Visa Exist For A Fresh, Foreign University Graduate Arriving In Hong Kong Seeking Career Opportunities Here?

Whilst the Immigration Arrangements for Non-local Graduates afford a clean pathway to working permission for foreign nationals freshly graduating from Hong Kong universities, the situation is very different if your degree is from overseas and you’re seeking to work in the HKSAR straight after university.

QUESTION

Hi Stephen,

I would like to ask, I’m a fresh grad student in interior design from Australia. I am seeking an opportunity in Hong Kong.

I had a few companies that are willing to hire me here in Hong Kong, but the problem is that the employment visa / working permit is an issue for them.

I would like to tap your expertise in this situation.

What other alternatives exist to manage this immigration issue?

ANSWER

Naturally in Hong Kong like any other jurisdiction that cares for its younger population and wants to ford the best possible opportunities for their graduates as they can, it is the position of the Immigration Department to not approve applications for employment visas from completely fresh graduates of foreign universities that come to Hong Kong looking for opportunities here.

And it’s hardly surprising because you know the vast majority of countries as I said would also implement the same policy to protect jobs for their new graduates too. So if you do have a very strong commitment to pursuing a career opportunity in Hong Kong you need to in a sense stop anticipating that there’s a simple solution available to you and start considering that you’re going to have to start making an investment in relation to Hong Kong in a way that you might not have anticipated until now. So just blue-skying this and thinking about the way to bring about a possible positive outcome for you.

One opportunity that might exist is if you find yourself a job offer from a company in Hong Kong that has an office in Australia where perhaps you could spend six months in Hong Kong on a training visa with the expectation that at the end of those six months you would then be sent back to the Australian arm of the group of companies where you would spend two years in Australia working on the ground for the same organization and then at some stage after you have qualified as a professional for the purposes of the general employment policy under Hong Kong immigration rules, then be transferred back to Hong Kong to work for the Hong Kong arm of that business as a full-time employee.

So in those circumstances, you would qualify as a professional because you’d be a graduate and you would have at least two years relevant working experience in your field assuming of course that you have undertaken duties of a supervisory and managerial nature during all of that time. So that’s one way to think about it.

Another way to think about it is well, why not further your education in Hong Kong and go on to get a master’s degree – spend one year studying in Hong Kong. You won’t be allowed to work during that time. But spend one year studying and get yourself an advanced degree. And then immediately take advantage of the immigration arrangements for non-local graduates, which will effectively see you move straight into lawful employability without the need to have a particular job offer, at the point of converting your student visa into the one year fresh non-local graduate arrangements under the immigration arrangement for non-local graduates.

So that’s another key way that you could get in. If you come from a background of commerce and you can master up the requisite finance and you’ve got a half-decent business plan and the sufficient business acumen to think about going into business for yourself. Quite a risky strategy gave that you freshly out of university but if you’ve got all those resources collected around you, you might think about starting a business in Hong Kong and securing the consent of the Immigration Department to join in that business.

There you’d have to show that you’re in a position to make a substantial contribution to the economy of Hong Kong. So that’s the business investment visa and then finally if you come from a particularly well-heeled family and you can show that you’ve owned assets in your own name for at least two years to the tune of a minimum of 10 million Hong Kong dollars you could make an application under the capital investment entrance scheme which would take six to eight months to finalize but at the end of that process, you would find yourself being lawfully employable in Hong Kong without any further questions asked. So that would represent  an expensive albeit quite realistic chance of securing the outcome that you’re what you’re looking for so that you can be in Hong Kong to carry on your career here.

So those are the options in a nutshell from 39,000 feet and I hope you found this useful.

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Is There Any Special Visa Type For Foreign National Media Professionals Seeking To Live & Freelance In Hong Kong?

Posted by The Visa Geeza / in Investment Visas, Your Question Answered / 2 responses

Is There Any Special Visa Type For Foreign National Media Professionals Seeking To Live & Freelance In Hong Kong?

Independent media professionals often occupy a round-pegs-in-square-holes situation when it comes to being able to practice their trade in Hong Kong and this question discusses how they might go about being able to do so.

QUESTION

Hi!

My partner and I are media professionals from Canada. We have 10 years experience each in our respective fields. I am a journalist and my partner is a producer and cameraman.

We are really keen to explore employment opportunities in Hong Kong, but jobs in our field are very rarely advertised. Is it possible to acquire a visa to allow us to work as freelancers until we secure a job offer?

Thanks. 

ANSWER

There is no such animal as an ‘interim’ or ‘specialist freelance’ visa in Hong Kong: only a sponsored employment visa based upon a job offer or an investment visa where you have to ‘invest’ and demonstrate that you can make a ‘substantial contribution to the economy of Hong Kong’.

In your situation, therefore, it appears as you’d need to apply and qualify for an investment visa.

This is visa type that some people are prepared to use to ‘buy time’ until a job offer materializes but, frankly speaking, it’s quite a challenging exercise which you might find too burdensome just to ‘buy time’.

Moreover, if you do get an investment visa approved, it will effectively legitimize a ‘freelance status’ that you may, in the end, find more conducive to your objectives for your time in the HKSAR that working for a single employer.

I have produced a series of videos of a presentation I gave previously which sets out what’s involved in such an investment visa application and how to go about applying for one without any professional help.

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But Stephen, How Do You Make Any Money When You Give All Your Hong Kong Visa Expertise Away For Free?

13 – How To Apply For A Hong Kong Investment Visa Without Any Professional Help – The Catch 22

Posted by The Visa Geeza / in Investment Visas, Musing / 23 responses

13 – How To Apply For A Hong Kong Investment Visa Without Any Professional Help

– The Catch 22 –

First Published February 28, 2013 – But The Advice Holds Good Today

On January 17, 2013 I gave a talk at Centre O in Wanchai on how to go about applying for a Hong Kong business investment visa without the need to pay for any professional help.

The 30 minute talk was broken down into 24 very easy to digest segments and each of these segments is presented here.

The talk is designed to allow the D-I-Y visa applicant to use the 100% free resources of both the Hong Kong Visa Handbook as well as the Hong Kong Visa Geeza Blog.

Please see:

10 Must Have Resources for Any Hong Kong Investment Visa Application

and

The Hong Kong Visa Handbook

The videos will be added incrementally over the course of the next 2-3 weeks until the entire talk has been presented.

In the meantime, why not sign up for our D-I-Y Visa Kit here?

The Complete Series

1 – Introduction

2 – Relax & Enjoy The Talk

3 – Order Of Business

4 – 10 Must Have Resources

5 – The Policy Of It All

6 – Who Doesn’t Have A Visa Problem?

7 – The Pathway For Mainlanders

8 – What Can You Do As A Visitor?

9 – Employee Or Investor?

10 – Investment Visa Approvability Test

11 – Three Pillars Of Approval

12 – How  Much Cash Investment?

13 – The Catch 22

14 – What About Your Family?

15 – Why Do Cases Get Denied?

16 – Trying Again?

17 – 10 Must Use Resources

18 – 10 Must  Use Resources (Infographic)

19 – 10 Must Use Resources (Visa Factsheet)

20 – 10 Must Use Resources (Application Plan)

21 – 10 Must Use Resources (Case Studies)

22 – 10 Must Use Resources (Templates)

23 – 10 Must Refer Resources (All Good Stuff!)

24 – Your Questions Answered

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The Right of Abode & Permanent Residence For Foreign Children In Hong Kong

Posted by The Visa Geeza / in Long Stay & PR, Musing / 4 responses

The Right of Abode & Permanent Residence For Foreign Children In Hong Kong

What is the situation as regards the Right of Abode & Permanent Residence for foreign children in Hong Kong when they reach 21 years of age? Clearing up the confusion as to HKID cards at 11, 18 and what happens at 21?

The Right of Abode & Permanent Residence For Foreign Children in Hong Kong

There are 2 PR ‘Categories’ to consider where children born or otherwise permanently resident in Hong Kong are not Chinese nationals.

Category D – Is a person not of Chinese nationality who has entered Hong Kong with a valid travel document and has legally and ordinarily resided in Hong Kong for a continuous period of not less than seven years.

* If a child not of Chinese Nationality and born outside of Hong Kong – they need to live legally, ordinarily and continuously in Hong Kong for at least 7 full years to be eligible for a Permanent Hong Kong Identity Card (meaning PR or Right of Abode – it’s all the same thing).

In the case of this Category D child, it means, typically, they hold a dependant visa for 7 years (or sometimes a student visa) and then apply to have their eligibility for a Hong Kong Permanent Identity Card verified after 7 years of continuous ordinary residence in Hong Kong. If they are over 11 at the 7 year mark, they get a Juvenile Permanent HKID Card which needs to be updated at the age of 18. There is no re-verification exercise by the age of 21 for a Category D child (see Category E, below).

Category E – Is a person under 21 years of age not of Chinese nationality who was born in Hong Kong to a parent who is a permanent resident of the HKSAR by virtue of Category D at the time of their birth or at any later time before he/she attains 21 years of age.

* If a non-Chinese child was born in Hong Kong to a Category D parent, the child will automatically obtain the status of a permanent resident at birth or otherwise when one parent subsequently acquires Permanent Residency under Category D. The eligible parent when applying for PR under Category D, can include the child’s application at the same time which will then be approved under Category E. Note that upon attaining 21 years of age, the child ceases to be a permanent resident of the HKSAR under Category E and will then need to apply to the Director of Immigration for the status of a permanent resident of the HKSAR under Category D.

Identity Cards For Children Under Category D or E

Prior to the age of 11 years, children are too young to have ID cards issued to them. During these years their PR status is recorded in a sticker endorsement in their passports. Upon reaching the age of 11, the child can apply for a Juvenile ID card. This ID card will denote the holder having the Right of Abode in Hong Kong. Inherent in this ID card is the Category D or Category E status. At the age of 18, the Juvenile ID card is no longer appropriate and so needs to be updated to an adult ID card.

If the applicant for this adult ID card is Category D, the Right of Abode is maintained with no further ado just so long as he/she is physically present in Hong Kong on at least one occasion in any three year given period.

If the applicant for this adult ID card is Category E, he/she has the option to either (i) seek to change from Category E to Category D PR status by demonstrating continuing ordinary residence in Hong Kong at the time of the adult ID card application, then issue the new adult ID card on this basis OR (ii) defer the application to change from Category E to Category D PR status until they are 21 years old and merely apply for the update to the adult ID card as an administrative exercise [only] in the meantime.

What Happens At 21 For Category E PHKID Card Holders?

The Director of Immigration generally writes to the Category E PHKID Card holder informing them of their need to re-verify their eligibility for the Permanent Identity Card given their impending 21 years as such Category E persons automatically lose their Right of Abode until and unless they reverify their continuing eligibility for the same. The idea is to ensure that anyone who acquires PR in Hong Kong by virtue of their birth in Hong Kong to a non-Chinese PHKID holder under Category D has maintained their connections to Hong Kong.

If they are unable to successfully demonstrate their ongoing connections to Hong Kong they will be downgraded to the Right to Land in the same way a Category D PHKID card holder will be downgraded to the Right to Land if they are absent from Hong Kong for more than 1095 days continuously.

Maintaining Eligibility For The Right of Abode

For Category D PHKID card holders, it is simple. Be physically present in Hong Kong on at least one occasion every 1095 continuous days.

For Category E, PHKID card holders, it is more problematic where connections to Hong Kong have not been maintained.

Generally, if the parents’ family home has been maintained in Hong Kong or otherwise own residential property in Hong Kong, the parents themselves have been ordinarily resident in Hong Kong or otherwise objectively still connected to Hong Kong (say with a very well-established family owned business being operated out of Hong Kong with reasonably frequent parental visits to that business being undertaken) ImmD will conclude that the Category E PHKID holder remains ordinarily resident in Hong Kong even if a lot of time has been spent away from Hong Kong, especially where the Category E >> D applicant has been pursuing an education overseas.

Generally, the problem arises where the whole family has essentially decamped from Hong Kong permanently whilst still retaining their Category D Right of Abode status by making at least one trip back every 3 years. If the Category E>>D applicant can’t demonstrate the requisite continuing connections to Hong Kong, they will fail in their Right of Abode re-verification application and be downgraded to the Right to Land.

A Category E PHKID holder will more than likely fail in his/her application for Category D Right of Abode status if they are back in Hong Kong merely once every 1095 days as this doesn’t really amount to maintaining connections to Hong Kong if the family have otherwise ‘gone home’ or ‘moved on’ from Hong Kong.

However, every such application will be considered entirely on its own merits.

What Is ‘Permanent Residency’ Anyway?

So, you’ve been downgraded to the Right to Land by virtue of absence from Hong Kong as a Category D PHKID holder having been absent from Hong Kong for more than 1095 days continuously.

Or …

You could not qualify for continuing Right of Abode under the Category E>>D reverification exercise at the age of 21.

Given that you are now holding the ‘mere’ Right to Land in Hong Kong, are you still a PR of Hong Kong?

You most certainly are!

Moreover, this status cannot be lost under any circumstances. Right to Land is a functional equivalent to the Right of Abode when it comes to working, studying, starting a business, retiring and sponsoring dependant visas for all qualifying family members, including dependant parents over the age of 60.

Essentially, the Director of Immigration cannot impose any condition or limit of stay on you in Hong Kong.

You literally have the right to land and live here.

More On The Right to Land

See this Post, here.

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Hong Kong Visa Approval Rate | ImmD Report Card | February 2024

Posted by The Visa Geeza / in Feature Article, Musing, Special Programmes, VG Front Page / No responses

The Hong Kong Immigration Department Shed Some Light On Talent Attraction Endeavours

Hong Kong Visa Approval Rate: Balancing Security and Global Talent

This post was prompted by an article appearing yesterday in the South China Morning Post.

Summary: The immigration policies of Hong Kong are strategically designed to prioritize security and prosperity while also attracting global talent and investment. The introduction of the national security risk assessment for visa applicants reflects a global trend in advanced immigration jurisdictions. This approach safeguards national interests while creating an environment that attracts intellectuals, professionals, and entrepreneurs from around the world. The professional handling of visa applications, regardless of the applicant’s field of work, ensures that Hong Kong remains a beacon for diverse talent.

Promoting Fairness and the Rule of Law

Recent visa incidents involving academics and journalists have sparked discussions on the delicate balance between national security and freedom of expression. These cases underline the complexities of immigration policies in the context of global mobility and security concerns. However, the Hong Kong Immigration Department’s transparent and case-by-case evaluation process demonstrates a commitment to fairness and the rule of law. By protecting the city’s security while maintaining openness to diverse ideas and cultures, Hong Kong remains an attractive destination for intellectual exchange.

Welcoming Nature Reflected in the Approval Rate

Statistical data provided by the Immigration Department paints a clear picture of Hong Kong’s welcoming nature. Despite the challenges of the COVID-19 pandemic, the visa refusal rate remains significantly lower than during the pre-pandemic period, indicating the city’s ongoing appeal as a global hub. The recovery of travel to 70% of pre-pandemic levels is a positive indicator of Hong Kong’s resilience and its ability to attract visitors and potential residents.

According to the latest statistics released by the Hong Kong Immigration Department, the city’s visa approval rate stands at an impressive 85%, showcasing the efficiency and effectiveness of the immigration system. This high approval rate is a testament to the Immigration Department’s commitment to balancing security concerns with the attraction of global talent. The data further reveals that the approval rate has shown a gradual increase over the years, highlighting the continuous efforts made by Hong Kong to streamline its immigration policies.

Flagship Initiatives Attracting World-Class Talent

Hong Kong’s proactive stance in attracting world-class talent is exemplified through initiatives such as the Top Talent Pass Scheme and the Quality Migrant Admission Scheme. These programs enhance the city’s competitive edge by attracting individuals who can contribute to its economic, technological, and cultural development. The high approval rates and the substantial number of applications received are evidence of the success of these initiatives.

The Top Talent Pass Scheme is specifically designed to attract high-skilled professionals who possess outstanding achievements or skillsets that can significantly contribute to Hong Kong’s development. Under this scheme, applicants are granted a work visa that allows them to reside and work in Hong Kong for an extended period. The approval rate for this scheme has been consistently high, indicating the city’s attractiveness for top talent from around the globe.

Similarly, the Quality Migrant Admission Scheme aims to attract qualified individuals with exceptional skills or talents to settle in Hong Kong. Applicants are assessed based on a points-based system that takes into account factors such as age, education level, work experience, and language proficiency. The scheme has seen an encouraging approval rate, representing the city’s commitment to fostering a diverse and talented community.

Concerns of Misleading Promises

However, the issue of misleading promises made by certain immigration agencies is a significant concern. Some agencies provide false guarantees regarding job placements and visa approval chances, deceiving applicants and tarnishing the reputation of the immigration process. To counteract this unethical practice, the Hong Kong Immigration Department actively encourages applicants to apply directly. This direct application process, combined with the expertise of reputable immigration professionals, improves transparency, ensures clarity, and enhances the chances of success for genuine applicants.

Hong Kong immigration professionals play a crucial role in guiding applicants through the intricacies of the immigration system. These experts provide invaluable assistance, ensuring that applicants are well-informed about the process, requirements, and potential pitfalls. By working with reputable immigration professionals, candidates can optimize their applications and increase their chances of visa approval. The Immigration Department’s long-standing willingness to work with these professionals fosters a trustworthy and reliable ecosystem that benefits both applicants and the city as a whole.

Security Assessments in a Changing International Landscape

Hong Kong’s alignment with the global trend towards stringent background checks and security assessments for visa applicants is a proactive measure to protect the city’s interests. This national security risk assessment aligns the city’s practices with those of other sophisticated immigration jurisdictions worldwide, striking a balance between security concerns and the openness necessary to attract global talent and investment.

The national security risk assessment is a comprehensive evaluation conducted on visa applicants to assess potential risks to Hong Kong’s security. This assessment takes into account several factors, including the applicant’s background, affiliations, and potential risks posed to public safety. While this assessment is part of a global trend, Hong Kong ensures that it maintains transparency and fairness throughout the process. Each application is evaluated on a case-by-case basis to ensure that security concerns are properly addressed without unfairly discriminating against individuals.

Hong Kong Visa Approval Rate as a Barometer

In light of these developments, the “Hong Kong Visa Approval Rate” emerges as a key indicator of the city’s immigration stance and its commitment to security. This metric reflects the efficiency, fairness, and transparency of the immigration process. It also serves as a barometer for Hong Kong’s attractiveness as a global city, measuring its ability to strike a balance between security and openness.

Through continuous efforts to streamline immigration policies, enhance transparency, and combat deceptive practices, Hong Kong aims to maintain its reputation as a premier destination for international talent. The high visa approval rate demonstrates the city’s commitment to welcoming diverse individuals who can contribute to its vibrant community. Moreover, the commitment to transparency and fairness ensures that Hong Kong’s immigration system remains accountable and efficient.

Sustaining Hong Kong’s Position as a Premier Destination

The ongoing efforts to streamline immigration policies, combat deceptive practices by agencies, and maintain a welcoming environment are crucial for sustaining Hong Kong’s position as a premier destination for international talent. As the city continues to navigate the complexities of global immigration trends, its policies and initiatives provide a model for balancing security with openness. The commitment of the Immigration Department to transparency, fairness, and efficiency ensures that Hong Kong remains a vibrant, secure, and attractive place for individuals from all walks of life. This balanced approach fosters an environment where innovation, diversity, and security coexist, contributing to the ongoing prosperity and global standing of the city.

Overall, Hong Kong’s visa approval rate reflects its commitment to security, fairness, and attracting global talent. As the city adapts to changing international dynamics, it continues to refine its immigration policies to strike the right balance between safeguarding national interests and remaining an open and attractive destination for individuals from around the world. With a transparent and case-by-case evaluation process, sustained efforts to combat deceptive practices, and initiatives that prioritize talent and expertise, Hong Kong remains a city that champions prosperity, diversity, and security in its immigration system.

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How Do Foreign National Children Resident In Hong Kong For 7 Years Go On To Acquire Permanent Residency Here?

Posted by The Visa Geeza / in Family Visas, Long Stay & PR, Your Question Answered / 2 responses

How Do Foreign National Children Resident In Hong Kong For 7 Years Go On To Acquire Permanent Residency Here?

The test for the right of abode for foreign national children resident in Hong Kong for 7 years is the same as for adults but the manifestation of that PR takes a slightly different form…

QUESTION

I’ve heard that our children can independently hold permanent residency once they turn 7.  Is this correct and if so, how do we go about applying for it?

Thanks!

ANSWER

Once a child that was not born in Hong Kong has lived here continuously prepared and not less than seven years and that child goes on to make an application to have his eligibility for a permanent identity card verified and that exercise involves exactly the same approvability test as is applied to adult counterparts that are also seeking to go ahead and secure the right of abode in Hong Kong.

So using the context of children that are naturally resident in Hong Kong with their parents, the evidence that’s submitted in support of that application is that they are together with their parents and that they are in school. And the Immigration Department take proof of schooling typically as being definitive evidence that they have been a continuously ordinarily residents in Hong Kong.

And of course they do check to see their whereabouts during that time, so insofar as the test goes, it is essentially the same as it is for adults when it comes to children. But the manifestation of the right of abode is reflected not in the issue of a permanent identity card. Because the child, if it’s under 11 years of age, can’t secure a permanent ID, can’t secure any kind of identity card.

Effectively once they get to 11 they get a juvenile ID card and that juvenile ID card states that the holder has the right of abode but prior to that the actuality of having had your very verification for eligibility for the right of abode is reflected in a sticker that’s placed in the back of the passport of the child and then the child then presents that at the boundaries and at the airport when the child is travelling and of course, the Immigration Department immediately admits the child on the strength of the child having the right of abode.

So that’s it it’s – an endorsement to the passport first until the issue of the first ID card where upon the permanent identity card is formally issued. The only wrinkle to that is that at the point of issuing the ID card at the age of 11, there will be a further examination to ensure that the child has remained continuously and ordinarily in Hong Kong.

Throughout the proceeding, say in this case three or four years, if the child had his eligibility verified at the age of seven and if the child has not been continuously and ordinarily resident in Hong Kong throughout all at that time and/or has been absent I should say from Hong Kong for more than three years at a stretch then the ID card that will be issued will be a right to land ID card and will not be a permanent identity card.

So eligibility can be verified through the placements of the sticker in the passport, but you still need to maintain your connections to Hong Kong under the basic law. Which means that a child must have been in Hong Kong on at least one occasion during the interim period over a course of three years in order to maintain eligibility for the right of abode and the issue of the permanent identity card accordingly.

Otherwise, as I’ve stated the child will be issued with an ID card that grants him the right to land.

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What Chance of Approval For A 3-6 Month Intern Visa For Hong Kong & What Documents Are Needed?

Posted by The Visa Geeza / in Employment Visas, Your Question Answered / 14 responses

What Chance of Approval For A 3-6 Month Intern Visa For Hong Kong & What Documents Are Needed?

Intern visa for Hong Kong? Internships for foreign national students seeking experience in Hong Kong are getting ever more popular…

QUESTION

Hi,

Our company is trying to hire an intern on a short 3-6 months internship.

He holds a British passport.

If he meets all the criteria on the Hong Kong Immigration Website, will there be any chance he will still be rejected for the visa?

On top of it, the government requires the sponsoring company to be a well-established company, capable of providing the proposed training, how can we prove that when we apply for him?

Do you have any tips on helping an intern apply for a training visa successfully?

Many thanks.

ANSWER

Documents Referenced in the PodCast Answer & Needed for an Intern (Training) Visa Application

The Applicant

Application form ID992A

Copy of applicant passport bio details pages

Passport size photograph

Updated CV

Personal bank statement

School Transcript of Academic records

Supporting letter issued by the school printed on school letterhead

The Engaging Sponsor

Sponsorship Application form ID992B

Signed Internship Agreement

Copy of Business Registration Certificate

Certificate of Incorporation

Latest Audited Financial Statement

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