Hong Kong Visas Made Easy

Hong Kong Employment Visa Self-Sponsorship – The Reality For Entrepreneurs Masquerading As Employees

Posted by The Visa Geeza / in Employment Visas, Investment Visas, Musing / 6 responses

There really is no such thing as visa self-sponsorship if you are an entrepreneur seeking permissions to join in your own business in Hong Kong. You either work for an independent third party employer, or you are working for yourself (or possibly in partnership with one or 2 others).

Let’s assume you make an application on the basis you’re an employee but really you’re an entrepreneur in disguise.

If your employer’s business has been established for less than 2 years and has not successfully sponsored a foreign national’s employment visa before, ImmD will apply 2 specific tests to your application.

First, and foremost, they will apply the employment visa approvability test looking at the employee-applicant seeking to understand if he or she possesses special skills, knowledge or experience of value to and not readily available in Hong Kong.

In a new company situation (less than 1 year old) they will also look to the bona fides of the proposed sponsoring employer and apply the essence of the business investment visa approvability test  too – namely, is this business in a position to make (or is actually making) a substantial contribution to the economy of Hong Kong?

You see, ImmD have to be satisfied that a proposed employer is actually a suitable sponsor: it is not sufficient that the company is properly incorporated and registered to carry on a business. They want to be satisfied that immigration policy is being properly implemented so with a new business situation, the Hong Kong ID will look into every nook and cranny to ensure that it is so the case.

It is for this reason that it is churlish to expect that newcomers to Hong Kong can simply incorporate a company and then seek to employ themselves in it. No matter how you disguise the actuality of your self-employment, the Immigration Department will always apply the much tougher investment visa approvability test. They do this in 2 ways:

(1)    When the company is newly established, as discussed above, and

(2)    When they see that you are a shareholder in the business (even though you have tried to mask it with nominees).

So, if you’re an entrepreneur, it’s the investment visa for you, not an employment visa. Dressing up as an employee will only make your application take longer to finalize, which means more uncertainly before case finalization and greater frustration as ImmD peel back the layers on the ‘employee-not-entrepreneur’ edifice you have tried to create.

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Can You Keep Your Hong Kong Employment Visa If You Are Being Transferred To Live & Work In China?

Posted by The Visa Geeza / in Employment Visas, Family Visas, Long Stay & PR, Musing / 2 responses

Can you live in China yet remain a HK resident with a valid Hong Kong employment visa?

QUESTION

We are a married couple with children and have lived in Hong Kong for 3.5 years. 

We are moving to Shanghai soon (my husband’s employer is moving us).   

We currently have a Hong Kong employment visa for my husband and dependent visas for myself and kids; these expire a couple months after we move. 

We still plan to visit Hong Kong reasonably frequently (every 3-4 months) after we leave. 

 Is there any way for us to maintain Hong Kong residence after we move, (i.e. renew and maintain our existing visas)? 

 In case it’s relevant, while we have been living in Hong Kong, almost all of my husband’s work has actually been conducted in mainland China (he travels there all the time) we just live here.

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

Posted by The Visa Geeza / 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!

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Hong Kong Immigration Department Increase Service User Fees MASSIVELY TODAY

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

Hong Kong Immigration Department Increase Service User Fees

New Visa Fee Structure for Visa Applications Effective from 26 February 2025 (TODAY)

Starting from 11 a.m. on 26 February 2025 (the “commencement time”), applicants submitting an application under any of the visa types listed below, will be required to pay an application fee and a visa issuance fee upon approval, based on a two-tiered fee structure.

Applicable Visa Types

The new fee structure applies to the following visas type:

• Top Talent Pass Scheme
• General Employment Policy
• Admission Scheme for Mainland Talents and Professionals
• Quality Migrant Admission Scheme
• Immigration Arrangements for Non-local Graduates
• Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents
• New Capital Investment Entrant Scheme (excluding applications for unconditional stay or visit visas)
• Capital Investment Entrant Scheme (excluding applications for unconditional stay or visit visas)
• Technology Talent Admission Scheme
• Vocational Professionals Admission Scheme

New Fee Structure

Upon submitting an application under one of the listed visa types, the applicant (principal or dependant) must pay an application fee.

If approved, the corresponding visa issuance fee must be paid according to the two-tiered fee structure before collecting the visa.

Type of Applicant	Item	(HK$)
Principal Applicant / Dependant	Application Fee Per Applicant (non-refundable)	600
	Visa Issuance Fee (for a stay of more than 180 days)	1,300
	Visa Issuance Fee (for a stay of 180 days or less)	600

Calculation of “Relevant Period”

The “relevant period” under the new visa fees schedule is determined as follows:

Ordinary Visa / Entry Permit

The relevant period is the fixed limit of stay stated on the visa/permit.

Example: If the stated period is 36 months, 24 months, 2 weeks, or 7 days, that period applies.

If the stated period is 6 months or more, the visa issuance fee is HK$1,300.

Last Date Under Limit of Stay

Relevant period = Last date under the limit of stay – Date of visa issuance fee payment.

Example: If the last date under the limit of stay is 31 March 2025, and the payment date is 1 March 2025, the relevant period is 30 days.

Extension of Stay (No Change in Condition of Stay)

Relevant period = Last date under new limit of stay – Last date under original limit of stay.

Example: If the last date under the new limit of stay is 31 March 2025, and the original limit ended on 1 March 2025, the relevant period is 30 days.

Change of Condition of Stay (e.g., Change of Employment)

With no change to the limit of stay: Relevant period = Last date under the limit of stay – Date of visa issuance fee payment.

With extension of the limit of stay: Relevant period = Last date under new limit of stay – Date of visa issuance fee payment.

FAQs

1. Do I need to pay the new visa issuance fee if my application was submitted before the commencement time but approved after?

No. Applications submitted before the commencement time will be charged based on the original fee structure.

2. If my application was submitted and approved before the commencement time but I collect my “e-Visa” afterward, do I need to pay the new visa issuance fee?

No. The original fee structure applies to applications submitted before the commencement time.

3. Will the application fee be refunded if my application is refused or cancelled?

No. The application fee is non-refundable in any circumstance.

4. Will the application fee be refunded if I withdraw my application?

No. The fee is non-refundable, and paying the fee does not guarantee approval.

5. What electronic payment methods are accepted for fee payment?

The online payment service will accept:

• Credit Cards (VISA, Mastercard, UnionPay, JCB)
• Payment by Phone Service (PPS)
• Faster Payment System (FPS)
• Mainland China Digital Wallets (Alipay, WeChat Pay, UnionPay App)

6. Is there a deadline to pay the visa issuance fee after approval?

Yes. The time limit for payment is specified in the application result notification.

For more details on other visa application fees, please refer to the official Fee Tables provided by the Immigration Department.

Hong Kong Immigration Department Increase Service User Fees

I Was Convicted Of A Crime And Removed From Hong Kong – How Do My Visa Options Look Now?

Posted by The Visa Geeza / in Employment Visas, Refusals & Appeals, Visitor Visas, Your Question Answered / 21 responses

This post deals with the available visa options after being convicted and removed from Hong Kong

Life in Hong Kong can throw up many challenges, none too much greater than the following:

QUESTION

Hello, and thank you for the opportunity to ask my question! I have questions, but I will frame my situation first.

In June of this year, I made a big mistake and got in an altercation with another woman and ended up hurting her. In September, I was convicted of the crime of Wounding and sentenced to a prison term of 14 days in Hong Kong.

I had been working in Hong Kong for 2 years.

Prior to the conviction, I stopped working and remained in Hong Kong on a Visitor Visa while awaiting trial. My Visitor Visa was set to expire before the trial so I visited Immigration and requested an extension of 90 days. My extension was not granted and I was told to come back to Immigration following my court case. As I stated earlier I was then sentenced to a prison term, so I was unable to come to Immigration and my Visitor Visa expired whilst I was incarcerated.

Consequently, following the completion of my sentence, I was transferred to the Castle Peak Bay Immigration Centre and made subject to a removal order. I chose the option of voluntary repatriation and took a flight home to New Zealand three days later.

Prior to departure, my HKID card was confiscated by the Immigration Department. I asked my case officer at Immigration (and several other officers), as well as the Enquiry section on the Immigration website, and they all gave me the same response about my potential to return to Hong Kong on either a Visitor Visa or Employment Visa: “Please be rest assured that the entry of every visitor to the Hong Kong Special Administrative Region would be considered fairly and reasonably in accordance with the law”.

 Question #1

I am now in New Zealand, but I would like to return to Hong Kong in January 2013. I would like to return on a tourist visa and take care of many responsibilities and possessions I have left in Hong Kong. I just fear arriving in Hong Kong, being detained at the border and then being sent back to New Zealand.

Question #2

I have a job offer in Hong Kong and I would like to accept it. However, I also don’t know how Immigration is going to view my employment visa application. It would be embarrassing and damaging to accept the job offer and then have my employment visa rejected. Also, would Immigration inform my potential employer of the reason for the employment visa rejection?

Thank you very much for your time!

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How Considered Advance Planning Might Save A Doomed Right Of Abode Application & Spare The Loss Of Several Years Continuous Ordinary Residence In Hong Kong

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

This post explains how strategic advance planning can rescue a troubled Right of Abode application and preserve years of continuous ordinary residence in Hong Kong

First Published On December 9, 2013, still of interest today

It happens a lot more often that you might imagine – inadvertent loss of ‘ordinary residence‘ setting back your application for permanent residence here in Hong Kong.

QUESTION

My wife and I came to Hong Kong to work in 2006. However she went to business school in Europe in 2009, sponsored by her Hong Kong employer.

So from her immigration record, the ordinary residence discontinued for the period of November 2009 to September 2010.

But throughout the past 7 years I myself have remained in Hong Kong and all our savings as well as properties are here and I recently got my own permanent ID (but my wife got refused).

My questions are:

(1) should my wife apply in-person again for a formal determination?  

(2) if her application gets refused again and if she quits her job to take care of kids at home, can she still have a HKID and continue the 7 year accumulation?

Thank you.

My Follow Up Questions

In this time (November 2009 – September 2010) did your wife:

(A) hold a residence visa in Hong Kong?

(B) have documentation from her employer showing that the time in Europe was only temporary and that her Hong Kong employment contract subsisted – even though she was not getting paid – and that she was expected to return to her job here immediately upon graduation?

(C) did she in fact return to that job in Hong Kong immediately upon graduation?

Follow Up Answers

A.  No. She came back a few times but on tourist visas

B. Yes. There is a letter from her employer stating explicitly that during 2009-10 she attended a company sponsored BSchool program in Europe during which period she was still considered an employee of the company.

C. Yes.

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Is Cancelling A Hong Kong Visa Application Possible And, If So, How Do You Go About Doing It?

Posted by The Visa Geeza / in Employment Visas, Family Visas, Hadley Says…, Investment Visas, Long Stay & PR, Refusals & Appeals, Special Programmes, Visitor Visas / 4 responses

It happens occasionally that cancelling a Hong Kong visa application might become a necessary course of action.

This post helps you undrstand the process and implications of cancelling a Hong Kong visa application.

For various reasons, an application for a Hong Kong visa, whether it be for tourism, business, employment, or any other type, may have to be cancelled midway through the entire process, which can sometimes be complicated.

So, the pertinent question arises: how does one go about the process of cancelling a Hong Kong visa application effectively and efficiently?

The answer to this query is quite straightforward and can be easily followed. If you find yourself in a position where cancelling your Hong Kong visa application is the only option, you simply need to draft a letter to the Hong Kong Immigration Department. In this correspondence, it is important to include your complete name, your passport number or Hong Kong ID card number, as well as the file reference for your visa application. This file reference, crucial for identification purposes, is something you would have received when you initially submitted your application or shortly thereafter.

Interestingly, there is no requirement for you to explain or justify your reasons for deciding to withdraw or cancel your Hong Kong visa application. The Immigration authorities only require that you state your intention clearly—that you no longer wish to pursue the visa application at hand.

After you have submitted your withdrawal request, which involves cancelling a Hong Kong visa application, you should wait for about two to three weeks. During this time, you will likely receive a formal letter back from the Hong Kong Immigration Department. This letter will typically confirm the receipt of your request to cancel your Hong Kong visa application and will also include an advisory note stating that your application has indeed been marked as cancelled in their records.

Overall, the process of cancelling a Hong Kong visa application is designed to be straightforward, ensuring that applicants can easily navigate these circumstances should they arise. Following these simple steps means that cancelling your Hong Kong visa application can be done with relative ease and peace of mind.

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