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 This question raises quite a number of issues surrounding a decision to go into business for yourself in Hong Kong whilst presently holding an employment visa sponsored by a third party employer (and it’s only the immigration parts which I am qualified to address).

QUESTION

Hello Stephen,

I have an employment visa for the remaining two years (post which I will complete 7 years and apply for PR).

Currently, I wish to open a company in Hong Kong, which may or may not be the sponsor to my own visa, as I am happy to retain the current employment or give it up.

My current employer is flexible and has no conflict no matter what way I choose.

For my own company setup, can you please inform:

(1) Is there a way to work for both companies without having to go through ‘Change of sponsorship‘ or ‘Investment visa‘ process. I prefer to be on the employment visa by my current employer while still being able to contribute to my own company.

(2) In case if above is not workable and I cannot work for my own company, is a proprietorship structure fine if I need an entity to book revenues resulting from my own business activities? Can such a company have offshore/zero employees except for a company secretary?

(3) In case, I choose a limited liability company and seek a change of sponsorship of my employment visa under my new company, can they reduce my existing visa to 1 year (from 2 years which is the case now), if the new company is subject to a Business Review. Have such cases happened?

(4) Given that I have no visa concerns or conflict/flexibility concerns regarding my current employer,  would you recommend a Hong Kong incorporated company or a BVI company for basic revenue booking needs?

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