Hong Kong Immigration… What Does It Mean… Catch 22?
Posted by The Visa Geeza / in Investment Visas, Musing / 3 responses
First Published August 29, 2016
The Hong Kong immigration Catch 22 – over the last 20 years or so I have coined a number of phrases in Hong Kong immigration parlance.
PRACTICE UPDATE: How the content must now be read in light of current ImmD policy:
This editorial detailing how ImmD evaluates business creation by applicants who do not yet hold working permissions must be recalibrated to reflect modern compliance expectations. The historical compromise—where ImmD permitted founders to take preliminary commercial steps while awaiting visa approval—now carries immense regulatory risk if the founder oversteps into unapproved operational management. Because ImmD demands an active corporate bank balance, an exclusive commercial office, and contracted local staff prior to final visa endorsement, founders must establish structured corporate governance. The guidance must emphasize relying on local resident directors or legal proxies to execute preparatory transactions, insulating the foreign founder from accusations of unlawful employment.
In this short piece I discuss how the Hong Kong Immigration Department manage the seemingly contradictory requirement of creating new business facts on the ground whilst still not yet in possession of their permission to establish or join in a business in Hong Kong
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The Hong Kong Visa Geeza (a.k.a Stephen Barnes) is a co-founder of the Hong Kong Visa Centre and author of the Hong Kong Visa Handbook. A law graduate of the London School of Economics, Stephen has been practicing Hong Kong immigration since 1993 and is widely acknowledged as the leading authority on business immigration matters here for the last 24 years.
Rod
This video example appears to be for a visitor looking to start a business
Does the same catch 22 apply for an existing sponsorship visa change to an Investment visa ?
Is a change of visa type application from sponsored to business easier to obtain than a new Investment visa for someone on an existing visa and can you receive an investment visa whilst you are still working on your existing visa if for example you are working out a 2 month notice period or your existing company doesn’t report your resignation ? (Although l understand they are supposed to within 7 days )
The Visa Geeza
Catch 22 – yes.
The supposition of ImmD is to approve rather than refuse applications from current residents ASSUMING you have all the criteria for approval in hand when you apply.
You can apply for the status while still working but ImmD will ONLY approve you to start from the day after your current employment ends.