Hong Kong Visas Made Easy

Why There’s No Such Thing As Migrating To Hong Kong But Rather, It’s All About Your Rationale

Posted by The Visa Geeza / in Long Stay & PR, Your Question Answered / No responses

Question:

Hi there,

I am interested in migrating to Hong Kong, wasn’t sure what is the best route – getting employment take times, and I wonder what might be the alternative. I am going to open a domain company but not sure if that works.

I need some help to explore some of options but I notice your fee structure is based on specific visa type. Since I wasn’t even sure what approach I should take, I am particularly sure to approach this with your company.

Any advice would be appreciated, including the exploration of skilled talent immigration.

Also can you share with me what are the different level means and what is the differentiator of each service level?

Thanks

ANSWER

The problem in providing kind of an answer to this question is that you have, understandably, an operating assumption that Hong Kong as a jurisdiction operates like other immigration jurisdictions do from a sort of a migration stroke quality of life perspective. The reason why quality of life programmes exist in other jurisdictions is because other jurisdictions such as Canada, New Zealand, Australia, the UK, US to a degree – they all are seeking to augment their populations through the addition of further long term population through immigration, through a structured immigration programme.

Hong Kong basically doesn’t operate like that. Hong Kong is not a quality of life migration jurisdiction like the others are. And consequently, what it means is that you need to have a rationale for coming to Hong Kong and that rationale will be reflected in the particular visa type that you go after. And our websites are structured in such a way as to reflect the rationale focused nature of Hong Kong immigration, rather than the kind of call to arms for a general population increase through certain types of qualified people. It doesn’t work like that. There always needs to be a rationale.

So, for example, if your rationale to come to Hong Kong is to study, you apply for a student visa. If your rationale is to come to work – an employment visa, to invest in an operating business, a business investment visa as an entrepreneur, joining family, you apply for dependent visa for the purposes of family reunion, if you’re coming for short term visit purposes, then you can potentially get a travel pass. So the instruments of Hong Kong immigration reflect the specific rationale and reasons for why people are coming to Hong Kong. So the Immigration department can control those activities according to policy and that’s how it’s managed here.

So, all I can suggest that you do is have a think about your rationale -what’s best suited to you, then explore the visa type and then make some determinations about how you can sort of craft the circumstances for you to be able to access the immigration programmes in Hong Kong.

It is therefore more a case of what is it that’s really bringing you here and how can you get immigration status to be able to reflect that rationale and how does that immigration status that you get work into long term permanent residency aspirations which require a full seven years of continuous ordinary residence in Hong Kong, holding the particular residence visa type that reflects the rationale that’s brought and kept you here throughout the seven years claimed.

And at the end of seven years, you’ll be able to adjust your immigration status to permanent residency, which would then give you the kind of effective migration type outcome that you’re seeking. But, having done it through the auspices of the immigration programme here, which, as I said, is configured from a rationale first perspective.

I hope you found that useful.

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Does The Hong Kong Immigration Department Positively Consider Family Reunion As A Factor To Employment Visa Grant?

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

First Published January 4, 2020 – Still Relevant 

Employment visa grant? What do the Hong Kong Immigration Department take into account exactly when considering an application for an employment visa where the applicant has recently divorced from a Hong Kong resident?

QUESTION

I have been in Hong Kong for two years and have recently divorced.  I have care and custody of our two children. 

My Ex husband is remaining in Hong Kong and I want to remain as well. 

I have until August 2020 to secure employment and an independent visa.  

I do not have a university degree and have not worked for over 10 years. 

My question is will immigration take into account personal circumstances, i.e.  keeping families together, when reviewing my visa when I do secure a job? 

Can I easily get a Hong Kong work visa if my young children live there?

ANSWER

To my mind, one of the great things about the flexibility of Hong Kong immigration and how it’s experienced is the way that the Immigration Department are empowered to take into consideration all the circumstances of an individual applicant when seeking to secure a residence visa or change their immigration status from one visa category to another.

In this question above, we have a situation where a present dependent visa holder who has got a limited stay clearly wants to remain in Hong Kong because her ex-spouse will be remaining here and she has custody of their children here in Hong Kong. Clearly it is in the best interests of the children that they have access to separated, albeit, continuing family arrangement in Hong Kong.

The problem lies in the fact that this ex-spouse who has a dependent visa come the expiry date of that in August next year, will no longer be eligible to maintain her residency in Hong Kong under that dependent visa because at the point of her marriage irretrievably breaking down the ability for her to carry on as a dependent ended.

Therefore, the question is begged, that even though the two children that she’s got custody of will have dependent visas continuing to be sponsored by their father, the independent immigration status that she will need to remain in Hong Kong to love and care for her children will not be available to her as a dependent.

So, in this instance, what she’s doing is looking for an alternate immigration status, which will primarily be driven in this instance by an employment visa; and if you look at the conditions for approval under an employment visa, normally there’s a requirement to be a university graduate, or if you don’t have university education, that you have about ten years directly relevant working experience in the managerial or supervisory capacity.

But because she’s been a homemaker all of this while she hasn’t been working, effectively she’s going to be seeking to re-join the workforce here in Hong Kong without all the normal conditions available for her to expect an approval for an employment visa. So, given that reality and given the circumstances of her family life, will the Immigration Department be sympathetic if she’s able to secure a job offer, and, at the point of her making an application to adjust her status from legal dependent through to an employment visa holder, will the immigration department, as I say, be sympathetic to the circumstances that she finds herself in and come to the party and ensure that the right decision is arrived at?

This family don’t have to be separated because of the implementation of immigration policy. And in my experience, I think it’s fair to say that the Immigration Department will do the right thing. Clearly, if she doesn’t have a job at the time that current limit of stay expires, then the Immigration Department can’t give her an employment visa; and, as we’ve seen, she can’t get an extension to a dependent visa. So the only thing that she’d really be able to do to remain resident in Hong Kong, or to at least remain in Hong Kong, would be to exit and re-enter as a visitor. But that’s unsatisfactory for any number of reasons: not least because she’ll not be able to use the time in Hong Kong as a visitor to count towards her permanent residency application –  if that’s what she’s planning to do in due course, and also there’s just the general uncertainties of being a visitor – meaning that the status will only be good for a period of stay that is commensurate with her nationality (and it’s not clear what a nationality is from the question; but she would only be able to get in the region of between 12 and 180-day limit of stay on each occasion, depending on which type of passport she carries).

So the bottom line is that, in my experience, if she can solve the first problem – which is to get a job offer and then under a current dependent visa, start working in that role and probably say, three months before her current limited stay as a dependent visa holder is due to expire, make an application for an employment visa sponsored by that employer that she’s working for. I think you’ll find that, in the unique circumstances of this lady’s life, the Immigration Department will grant her an employment visa so that she can remain in Hong Kong to fulfil the rationale of her being here now under her new future immigration status which is employment, but most importantly of all being able to keep the family united together in Hong Kong and not be separated by vast geographical distances. I trust you found that useful.

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How Do You Prove To The Hong Kong Immigration Department That You Have Tried To Recruit Locally?

Posted by The Visa Geeza / in Employment Visas, Your Question Answered / 1 response

Excellent question earlier this week. Great opportunity to slay a few sacred cows.

QUESTION

Hi, one of the requirements for the work visa application is a proof of genuine vacancy. What if a sponsoring company doesn’t do job ads? What can he present? He does recruit locally via his network since he is just a small company. Appreciate your inputs.

ANSWER

It’s important to understand that not every job that has a foreign national candidate for it and consideration for an employment visa hanging off it. In other words, not every local job needs to have a local worker for it. It just depends on all the circumstances of the case. There will be circumstances where you can envisage the nature of the position and the circumstances that give rise to that foreign national needing to do that work.

It becomes very self-evident that no local recruitment exercise would need to be undertaken, but how it works is if you are asked by the Immigration Department for proof of a local recruitment exercise. Well, you have to show it if you’ve conducted it.

If you’ve conducted it unsuccessfully, you have an opportunity to explain why. Supplying proof however you’ve gone about the recruitment exercise and then just explaining how that process works; if you haven’t conducted it, then you have to justify your application from the perspective that you’re the right person for the job.

Either way, the sophistication of the consideration exercise relegates the question of the mechanics of the recruitment process to my way of thinking, to being merely a bit part. There are more important things going on here. So you have to be certain that no local can do a job before you make a claim that no one locally can reasonably be expected to do that job; that’s where all your focus should lie. I hope this helps.

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Can I Set Up A Hong Kong Company, Employ My Business Partner & Sponsor An Employment Visa For Him?

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

The answer to this question is multi-part and ultimately driven by the challenges associated with a New Business Situation…

QUESTION

I am based in Hong Kong and would like your advice on visa applications for a friend.  

A friend of mine, who is based in the US and I have been discussing a business opportunity for Hong Kong and I wanted to know the best way for him to secure a working visa.

We had discussed me setting up the company and then employing him and subsequently sponsor an employment visa through the company.

Would that work?

The alternative would be for him to apply for an investment visa as he would be the brains behind the operation.

Please can you let me know which option would be best or which would be more successful?
 
Another friend of mine who set up her own recruitment agency here in Hong Kong said that as an expat setting up a company you are unable to employ someone from overseas for the first year of your business being operational.

Is that also correct?
 
Any light you could shed on this would be greatly appreciated.

ANSWER

What a lovely question with three particular moving parts that I’d like to address.

The first moving part really relates to your own immigration status; I’m going to take the view that you don’t have an immigration problem to participate in this venture one way or the other – say, for example, because you have a dependent visa, or because you have the right of abode or unconditional stay or right to land, or one of the other two types of immigration status that exist that would allow you to participate in this venture with your business partner. So I’ll assume that there are no immigration implications that, in a sense, impact on you, because if you were an employment visa holder working for a third party employer and you wanted to join in this business, there would be an immigration implication arising for you as well as for your business partner, too. But as I say, I’ll just make the assumption that you don’t have that problem in this mix.

Therefore, turning our attention to the second issue, which is what type of mechanism would be suitable for your partner to secure immigration permissions to be in Hong Kong to carry on this business with you?

Well, whether he applies for an investment visa because he’s got the overwhelming majority of the shares in the business, or whether, for example, you decide that you’re going to split the business 50-50 between the two of you, the bottom line is that the Immigration Department will be working with a new company or a new business situation – whether it’s the investment visa or whether it’s an employment visa, because you only own a smaller percentage of the shares if it’s a new business situation, and invariably it is, because in an investment visa scenario, it’s a new business per se, then the Immigration Department will apply the approvability test for the investment visa, irrespective of how you go about couching the application; all things considered, that is, in the new business situation, they’ll look to see that the enterprise can make a substantial contribution to the economy of Hong Kong, and this would involve the creation of local employment opportunities, the establishment of a proper office, and you need to ensure that you’ve got both funding resources and operational resources. That is the types of things that are normally present that are driving you to make this investment in Hong Kong in the first place.

All of these facets of the approvability stool, as I’ve couched it, absolutely need to be present, irrespective of whether he takes an employment visa because he’s only got a smaller percentage of the shares than you, or it’s an investment visa because he’s got a clear majority of the shares, all things considered.

So one way or the other it doesn’t really matter. You’re still going to have to pass the essential elements of the approvability test which I’ve dealt with elsewhere on the blog.

The third piece to this is your own friend who set up a recruitment agency who stated it was their experience that in the first year per se you’re unable to employ someone from overseas. Um, well that’s not strictly true. Effectively the Immigration Department look at the bona fides of the applicants from the perspective of them being able to show that they posses special skills, knowledge and experience of value to not readily available in Hong Kong and that no local person can be expected to do that job. But again it doesn’t matter the age of the company. If the company is properly resourced and if the three legs of the approvability stool are all in place, then it doesn’t matter the age of the proposed sponsoring entity. It just depends on how strong and well established the business is at the time that you make the application.

Okay, I hope you found useful.

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If I Marry A Local Girl, Get A Dependant Visa For Hong Kong Then Move To China For Work, Can I Still Get The Right Of Abode After 7 Years?

Posted by The Visa Geeza / in Family Visas, Long Stay & PR, Your Question Answered / No responses

First Published October 29, 2014 – Still Relevant

Does being married to a Hong Kong permanent resident whilst living in China impact on continuity of ordinary residence for the purposes of a right of abode application subsequently?

QUESTION

Hi,

Your website is incredibly helpful! However, my situation doesn’t seem to have an answer yet, so here goes!

I’m a UK national and have been working in Hong Kong on a work visa since October 2009.

I have recently resigned from my position but my work visa is valid until February of 2015.

I am going to get married to a HK permanent resident (she was born in Hong Kong) before my work visa expires and apply for a dependent visa for Hong Kong.

My question is, will my 7 years continue through this dependent visa and in 2 years time will I be eligible to apply for my PR?

Separately, there is a good chance my future employer will relocate me to Beijing on a China work visa, but my fiancé and I will frequent Hong Kong since her family is here, and ultimately we plan to permanently return to Hong Kong within the next few years.

Will this disrupt my 7 years?

Thank you in advance for your advice!

ANSWER

At first blush, this question appears to be quite complicated, but in actual fact it’s a very simple scenario to address for immigration purposes. The first question as regards changing your status from sponsored employment through to dependent, and will that have a negative impact on your deemed continuous ordinary residence for the purposes of your eventual Right of Abode application?

A short answer is no, because as long as you’ve had a residence visa or throughout the requisite seven years, irrespective of the type, then that counts towards the immigration sailors as needed to secure the Ride of Abode. Subsequently, the bigger question really is this issue about you leaving Hong Kong to go and work in China?

If you’re going to work in China, surely you’d expect to have a work visa there to be able to do that. But you need to be careful that you don’t inadvertently abandon your continuity of ordinary residence in Hong Kong. Ostensibly, what you need to do while you’re in China is to ensure that any future deployment to China is couched as a second from your primary Hong Kong employment, which is maintained in Hong Kong throughout all that time that you’re in China; and that the temporary second and the language that surrounds that project should clearly state that you will go there, you will work there, but you’re being seconded ex Hong Kong on a temporary basis, and that it’s the full intention of you and your employer to return back to Hong Kong to recommence your formal employment in Hong Kong at the end of that temporary secondment there; if you couch it in those terms, then the reality is that the Immigration Department will allow you to have continuity of ordinary residence because it is in fact just a temporary absence from Hong Kong whilst you’re in China, even though it might be of a long or possibly short duration.

So the test for approval is continuous ordinary residence for a period of not less than seven years, where any absences from Hong Kong in that time have been of a merely temporary nature, as evidenced by what you leave behind to return back to at the end of each temporary stay abroad.

So given that you will be married to a Hong Kong permanent resident, a local girl, and your assignment in China is going to be promulgated, your employment in Hong Kong into China on a temporary basis, even if it does transpire to be a few years that you’re there and you come back to Hong Kong frequently and when you do return to Hong Kong, you will recommence your Hong Kong employment once all over again with your employer that sent you to China in the first place.  If you can couch it in those terms, you should be fine. Okay, I hope you found this useful.

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Am I Compelled To Apply For Hong Kong Permanent Residency After 7 Years Or Can I Maintain The Status Quo Of My Present Employment Visa?

Posted by The Visa Geeza / in Employment Visas, Long Stay & PR, Your Question Answered / 3 responses

Once you have achieved 7 years continuous ordinary residence in Hong Kong, your long stay immigration options open up considerably…

QUESTION

My current working visa is due to expire at the end of  September, (previously I was given an extension of 3 years in 2010), this I assume was so that I would be valid for Hong Kong Permanent Residency, (as I have been here for over 7 years now).

My question is should I seek Hong Kong Permanent Residency and/or can I just continue to add an extension to my working visa if I don’t want Hong Kong Permanent Residency?

 In addition, for either of these cases, do I have to always change/add my wife’s and 2 children’s passports visa extension to reflect these changes, (my wife would have been here for 6 years and my kids were born here in 2008 and 2011 (do they also become PR’s on the back of me?)

ANSWER

This is a great question and slightly unusual inasmuch as the vast majority of foreign nationals who spend their time in Hong Kong see the Right of Abode and Permanent Residency as a sort of the ultimate end goal. But you do raise some fascinating topics and I’m really pleased to have the opportunity to address them for you.

The bottom line is that no, you absolutely do not have to apply for Permanent Residency. Once you’ve gotten across the seven-year hurdle, by no means at all are you forced to do that or indeed anything. If you wish to maintain your current employment visa on an ongoing basis, then you just go through the process of extending your employment visa in September of this year, using the normal processes – you could use our visa extension kit to this end to do that, and you’d expect the immigration department would more than likely give you a three-year period of stay.

Given that you are eligible for the Right of Abode, you are certainly not compelled. I mean, a key thing about the ride of abode is that you need to put your hand on your heart and make a declaration that you’re taking Hong Kong as your only place of permanent residence. So if you can’t genuinely do that for good – reason the question is begged as to what happens come September, do you in fact need to extend your current employment visa, which at all times will require the support of your current employer? You do, in fact have another option, and that is to apply for Unconditional Stay.

This effectively is very much a similar test to the Right of Abode where you have to show that you’ve been continuously an ordinarily resident in Hong Kong for a period of not less than seven years. On the basis you pass that approvability test, then the immigration department will avail you of a status called Unconditional Stay, which means, effectively you can stay here unconditionally, and you don’t require the consent of your existing employer.

In respect of extending an employment visa, you remove all conditions to your current limit of stay including a limit of time, and then they will endorse your passport to say that effectively you’ve got Unconditional Stay and that you can live here unconditionally. The only condition associated to your Unconditional Stay is that you need to be present physically in Hong Kong on at least one occasion in any twelve month given period.

So, effectively with Unconditional Stay you can come and go, you can work for anybody, you can join in the business, you can engage in any lawful activity just so long as you do it in Hong Kong on the basis of you having been here for on at least one occasion in any twelve month given period.

Thus, for that status of Unconditional Stay which is just an administrative convenience on the part of the Immigration Department rather than a right (as it would be under the Right of Abode), there’s no requirement for you to make any declarations as to having taken Hong Kong as your only place of permanent residence. So you may find that useful.

In terms of your family members, the reality is that every single one of your family members, both your two children and your wife are going to have to qualify for the Right of Abode by themselves inasmuch as they will have to get to seven years continuous ordinary residence and they will then have to make applications to the effect that they’ve taken Hong Kong as their only place of permanent residence and go on to secure the Right of Abode.

Similarly after seven years, you can make applications for them to have Unconditional Stay status so that it would accord with yours, on the basis that your family members do continue to remain in Hong Kong with you whilst or after you’ve adjusted your immigration status potentially to Unconditional Stay or the Right of Abode, they’re going to have to continue their current dependent visa status through to such a time that they qualify for either unconditional stay or ride of abode in their own right. Nothing will happen automatically just because you’ve changed your own immigration status. They have to earn it independently of you as. So they would get extensions to their dependent visas until such a time as they be able to make an application for either as I say, unconditional stay or the right of abode in their own right subsequently. Okay, I hope you found that useful. Bye.

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QOTW: Can I Get An Employment Visa Again If I Still Owe Taxes From The Last Time I Worked In Hong Kong?

Posted by The Visa Geeza / in Case Study, Employment Visas, Your Question Answered / No responses

What is the interplay between unpaid taxes and a Hong Kong employment visa application subsequently?

QUESTION

Hi,

I worked in Hong Kong last year, 2013, and left the city mid year after my work terminated.

When I left, my company filed a IR56G “leaving Hong Kong” tax form for me with the IRD.

However, I never followed up to see how much remainder taxes I owed for salary in 2013.

Now, I have just received an offer to come back to Hong Kong and the employer will be applying for a work visa for me.

Will my visa have difficulty being approved if I may have IRD payments to make?

I do not wish to delay my work visa from being approved. 

ANSWER

Whilst this is really a question that relates to tax and not immigration as such, there is a slight interplay between the two; effectively, you’re supposed to clear all outstanding taxation obligations if you’re a foreign national and you are leaving Hong Kong ostensibly permanently. Your employer does have certain obligations in relation to reporting the fact of your departure and then holding on to your last salary to again clear up any potential taxation obligations that sit in your hands as a result of your time spent working here previously. If that was never cleared up then you will still have an open file with the Inland Revenue Department and given that you’re now effectively wanting to come back to Hong Kong, notwithstanding the fact that there will be an immigration dimension to this, you really should clear up your taxes – approach the Inland Revenue Department, explain what’s going on and submit yourself for assessment.

Whatever the bill is, pay it, and then you can rest assured that the Immigration Department won’t be effectively looking at your application for a new employment visa through the lens of not having paid your taxes previously.

In a nutshell, get it sorted out so that it doesn’t have an impact at all on your new visa application. Good luck!

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