Hong Kong Visas Made Easy

16

Oct 2013

Interview: Do You Think that IANG Allows a Loophole for Foreign Graduates to Game the Immigration System Here?

Posted by / in Employment Visas, Musing, Special Programmes / 8 responses

On June 6th, 2013 I was interviewed by five law students from the Chinese University of Hong Kong about my experiences practicing immigration here over the last 20 years.

We covered a great deal of ground in the 90 minutes we spent together and over the next few weeks I will be posting the interview broken down into 31 different segments, covering almost every Hong Kong related visa and immigration topic there is.

The students were: Dickens Roy Ken LamSunny WongToby Yip, Margaret Wo and the lady who asked most of the questions and organised the session on behalf of the group, Jacqueline Cheng.

In this segment the question posed was:

Do you think that the Immigration Arrangements for Non-local Graduates allows a loophole for foreign graduates to game the immigration system here?

My friends and colleagues over at Astus Services Group very kindly hosted us in their facilities in Central for this interview.

 Other Questions Asked During the Session

How has the experience of Hong Kong immigration policy changed over the last 20 years?

Do you personally find Hong Kong an attractive place to live, work and do business?

How has Hong Kong’s attractiveness changed for you over the last 27 years?

Do your clients typically find Hong Kong’s attractiveness today as it was to you 27 years ago?

Do Mainlanders typically enjoy the same kind of immigration experience as other foreign nationals do in Hong Kong?

In what ways do you think the different entry schemes may affect Hong Kong’s socio-economic development?

Do you think the relatively low number of foreigners coming to live and work in Hong Kong is due to it being hard to get a visa? 

Do you think that the Immigration Department suitably promote and encourage participation in the various schemes designed to attract foreign national talent to Hong Kong?

How effective is the Hong Kong Immigration Department’s website in educating and promoting Hong Kong to the outside world as a place to live and work and do business?

In the last 20 years which visa type has been most in demand and easiest to anticipate an approval for?

Has Hong Kong’s effort to forge a particular social fabric through the constructs of its immigration policy been successful do you think?

In real terms what is the difference between the General Employment Policy and the Admission of Mainland Talents & Professionals Scheme?

Has there been any demographic change since the introduction of the Admission of Mainland Talents and Quality Migrant Admission Schemes?

What do you think about the Immigration Arrangement for Non-local graduates?

Do you think that IANG actually allows a loophole for foreign graduates to game the immigration system here?

Has Hong Kong ever been used as a kind of stepping stone into another immigration jurisdiction?

Do you think the special programmes designed  for Mainland residents are as attractive now as they were when they were first introduced?

Is there a threshold to attaining a visa under the General Employment Policy?

What’s actually involved in getting a Hong Kong investment visa approved?

Can it be said ImmD are sometimes lax in enforcing immigration policy? 

Which visa program would be most beneficial for Hong Kong’s society?

What was it like being an immigration consultant in Hong Kong during the time of SARS?

 We hypothesize that while the influx of non-residents into Hong Kong may benefit the economy in the short-term, the long-term negative impacts outweigh any short-term positives.  Do you agree with this statement?

 Do you think that there is preferential treatment to non-resident workers?

 What do you think is the most difficult challenge facing Hong Kong now, when it comes to competing for foreign talents and workers? (i.e. as compared to the 3 other Asian Tigers)

What’s your view on Hong Kong’s liberal visitor visa arrangements, especially regarding the large numbers of Mainlanders who come here now?

So we have 20,000 vacancies in the F+B industry but we don’t have people to fill these spots – what are ImmD doing about it?

What about the possibility of a graduate management trainee visa for a foreign national applicant?

How well does ImmD respond to the lack of skills in Hong Kong through adjustments to the General Employment Policy from time to time?

Do you think any improvements could be made on the entry schemes? If so, how?

What do you think is the biggest problem in dealing with ImmD as an organisation tasked with the dual role of providing a public service yet serving as the gatekeeper to Hong Kong?

More Stuff You Might Find Interesting or Useful

The twists and turns of an unusual Hong Kong permanent residency application

Do immigration consultants add any value to the Hong Kong visa process?

The Visa Geeza on RTHK Radio Three

Hong Kong employment visa – when all else failed we appealed to the Chief Executive – and won!

The Hong Kong Visa Handbook – now available in good book stores everywhere!

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10

Oct 2013

Lame Excuses Won’t Cut It If You’re Caught Working in Hong Kong Without an Employment Visa

Posted by / in Employment Visas, Feature Article, Investment Visas, Musing, Refusals & Appeals, Special Programmes, Visitor Visas / 2 responses

Caught Working in Hong Kong Without an Employment Visa?

If you’re working in Hong Kong  (paid, unpaid or temporarily transferred in) but do not have an employment visa sponsored by your current employer you are breaking the law and could be subject to 3 years imprisonment and/or up to a HKD350,000 fine.

The law is very clear in this regard.

However, I also hear all kinds of likely ‘get out of jail free’ stories bounded about if ImmD or an officer of the Labour Department discovers an illegal worker during a routine or other workplace inspection.

What is not so commonly understood is the way the law is crafted here.

If you are found working in the premises or workplace of an employer and you do not have the permission of the Director of Immigration to take up employment with that employer, the law imputes an employment relationship and so your goose is cooked – automatically.

Section 17N of the Immigration Ordinance reads as follows:

So, there’s no way of  talking your way out of it!

More Stuff You May Find Useful or Interesting

How do you go about changing your Hong Kong employment visa sponsorship down at Immigration Tower?

Hong Kong visas – the long stay visitor’s awkward predicament

The 7 things your employer needs to know when sponsoring your Hong Kong employment visa

Can you employ yourself by getting a Hong Kong business investment visa?

Brticham spills the beans on the Hong Kong Visa Centre’s biggest secret!

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09

Oct 2013

Relocating to Hong Kong For Work or Business – Job Offer Based Employment Visa

Posted by / in Employment Visas, Family Visas, Investment Visas, Long Stay & PR, Musing, Refusals & Appeals, Special Programmes, Visitor Visas / 6 responses

On June 13 I was invited to address the 2013 Monaco Trade Delegation to Hong Kong & China on the question of visas to live and work in Hong Kong.

The Delegation was hosted by my good friends at Rosemont Hong Kong and I covered in a total of 50 minutes the whole sweep of employment and investment based visas as well as the question of permanent residency here eventually.

I have broken the talk down in 12 bite sized chunks under the following headings:

Introduction

The Last 20 Years

Immigration Policy

The Visitor Visa

Job Offer Based Employment Visa

Business Investment Visa

Business Investment Visa Cash Required & Catch 22

Capital Investment Visa

Visas for Accompanying Family

Why Do Applications Get Denied?

Permanent Residency

Q&A

More Stuff You Might Find Useful or Interesting

The Hong Kong Visa Application Roadmap

Newcomers guide to getting an employment visa for Hong Kong

Detailed information on the Hong Kong employment visa

Your employer must help you get your Hong Kong employment visa

Does your employer control your Hong Kong immigration destiny?

What’s the minimum salary requirement for a Hong Kong employment visa?

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04

Oct 2013

Can Children Born in Hong Kong to Foreign Domestic Helpers Get Dependant Visas?

Posted by / in Family Visas, Your Question Answered / 1 response

I’ve been asked this question a few times down the years so I’m grateful for it finally being asked via this Blog.

QUESTION

I was wondering why most foreign domestic helpers’children that were born in Hong Kong can get to local school and while my daughter who was also born here  is just given a student visa which means she can’t go to local school and can’t even apply for student financial remission scheme leaving me in debt…

More Stuff You May Find Useful or Interesting

Dependant visa proof of means – a chicken and egg situation for a couple relocating their business to Hong Kong

How easy (or hard) is it for a Chinese spouse resident in the Mainland to secure a dependant visa for Hong Kong?

Divorced? How can you prove that you have lawful custody of minor children if you wish to bring them to Hong Kong to live with you?

What is the bare minimum income and accommodation arrangements to suitably sponsor a Hong Kong dependant visa?

Should you ever get married just for Hong Kong visa purposes?

PODCAST ANSWER
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03

Oct 2013

Relocating to Hong Kong For Work or Business – The Visitor Visa

Posted by / in Employment Visas, Family Visas, Investment Visas, Long Stay & PR, Musing, Refusals & Appeals, Special Programmes, Visitor Visas / 9 responses

On June 13 I was invited to address the 2013 Monaco Trade Delegation to Hong Kong & China on the question of visas to live and work in Hong Kong.

The Delegation was hosted by my good friends at Rosemont Hong Kong and I covered in a total of 50 minutes the whole sweep of employment and investment based visas as well as the question of permanent residency here eventually.

I have broken the talk down in 12 bite sized chunks under the following headings:

Introduction

The Last 20 Years

Immigration Policy

The Visitor Visa

Job Offer Based Employment Visa

Business Investment Visa

Business Investment Visa Cash Required & Catch 22

Capital Investment Visa

Visas for Accompanying Family

Why Do Applications Get Denied?

Permanent Residency

Q&A

More Stuff You Might Find Useful or Interesting

Will my frequent and lengthy visits to Hong Kong over the last 2 years compromise my ability to get an employment visa subsequently?

Do I need an employment visa even if I will be in Hong Kong for only two weeks to complete a consulting assignment?

Can I look for a job and attend interviews in Hong Kong if I only hold a visitor visa?

Can I study on line for a UK tertiary qualification while staying in Hong Kong as a visitor?

Is it ever OK to work full time in Hong Kong – without an employment visa –  for the Hong Kong subsidiary of an overseas company?

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02

Oct 2013

Foreign National Entrepreneurs Starting Up in Hong Kong or China – Where is Better for Visas?

Posted by / in Investment Visas, Musing / 2 responses

 

 Image Courtesy of China Daily Mail

Paul Bischoff recently laid bare the visa and immigration problems which entrepreneurs (and intending foreign national residents generally for that matter) face when seeking to set up in China in this provocative piece in TechinAsia.com (read the comments especially).

China has always been a hard place to meet any level of commercial success, no matter what business you’re in and I gave up trying to make any money there many, many years ago.

The streets of Hong Kong are paved with gold after all so why put yourself through all that expense, frustration, bureaucracy and uncertainty when you can ground yourself here, learn the ropes locally, gain some valuable experience in the HKSAR and then really understand what the challenges of China are actually all about?

Of course, if you feel that China is where the action is for you, then you need to be there, not here.

However, experience has taught me that if you feel you can make it work in China you almost certainly will be able to make it work in (or based out of) Hong Kong so why plunge directly into China if you can mitigate your risk by getting your biz off the ground in Hong Kong first?

Certainly, Hong Kong’s immigration rules and regulations are nowhere near as cumbersome as they are across the boundary and the HKSAR government genuinely welcomes investment here and prides itself on a scheme of ‘light touch’ regulation.

A dozen years ago, I spent several weeks researching the ins and outs of establishing an immigration practice in China and came to the conclusion that it was all too hard.

It’s getting harder too, no doubt about that at all.

Indeed, just last week I was approached by an entrepreneur seeking to relocate her successful business from China to Hong Kong as the recent immigration changes there have effectively chased her out of the Middle Kingdom.

I expect to see more of this too.

So, China or Hong Kong?

Easy.

Hong Kong is a breeze. China is a slog.

Isn’t a new business hard enough to get off the ground and on to profitability without visa uncertainties hanging over your head like the Sword of Damocles?

More Stuff You May Find Interesting or Useful

Relocating to Hong Kong for work or business – Immigration Policy

Is the Hong Kong Immigration Department website actually fit for purpose?

The anatomy of a Capital Investment Entrant Scheme pathway to a HKSAR passport for a Chinese national resident on the mainland

Do mainlanders enjoy the same kind of immigration experience as other foreign nationals do in Hong Kong?

10 Must Have resources for a Hong Kong investment visa application

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30

Sep 2013

Which is Better – Change of Hong Kong Employment Visa Sponsorship or Seeking to Swap Over to a QMAS Visa Instead?

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

If I had to choose between applying for a QMAS visa or otherwise seek to change my Hong Kong Employment Visa Sponsorship to carry on working in Hong Kong, I know what I’d do (hands down, no doubt about it) …

QUESTION

Hi,

I have been in Hong Kong for the past 2 years under a sponsored employment visa and I am permitted to stay until 2015.

Is it worth applying for the Quality Migrant Admission Scheme (cos I’m sure even if I move my job my new employer will sponsor me?)

More Stuff You May Find Interesting or Useful

10 Must Have resources for a Hong Kong QMAS visa application

IT’S OFFICIAL!! The Quality Migrant Mainland Talent Admission Scheme – 77% of all approvals go to mainland candidates

Finally, the Hong Kong Immigration Department shed some light on what constitutes ‘talent’ for the purposes of a QMAS application

Why I have the Quality Migrant Admission Scheme (and you should too)

How to go about changing your employment visa sponsorship at the Hong Kong Immigration Department?

PODCAST ANSWER
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