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Objection to an application for a Hong Kong investment visa? Revenge is a dish best eaten cold, as they say.

So, can an application for a Hong Kong investment visa be negatively impacted by the fact of a debt outstanding to a disgruntled creditor – or can it at least be used as a point of leverage  to get the errant debtor to stump up.  Hmm…

QUESTION

I was the largest creditor of a limited company established by a foreigner director here in Hong Kong whom is the managing director cum substantial shareholder of that company.

My loan to him has been defaulted for 1 whole year period. Recently, I found out that he is in the process of submitting his investment visa application by using this limited company’s business operations and company’s financial accounts.

Being a creditor of his limited company,  can I sue a director of a limited company, and fail him from getting his  investment visa?

ANSWER

This is a great question, and I’m glad you asked. Over the past 20 years, I’ve been asked about the Immigration Department’s criteria for investment visa applications several times, and my response has always been the same. The department must consider all available information when applying the approvability test for any foreign national applying for a visa. The key requirements are that the applicant makes a substantial contribution to the economy of Hong Kong and that there are no security objections to granting them residence. If an applicant is a debtor related to their business, the Immigration Department will likely want to understand the full context affecting the business’s ability to implement its plan. It’s unrealistic to expect the Immigration Department to simply accept a letter from an unhappy creditor and take that at face value. They have a duty to consider all facts and circumstances. If this individual owes you a significant amount, the best course of action is to pursue litigation to recover the debt. Once you initiate these proceedings, inform the Immigration Department, including any defenses the other party presents. This will provide them with a complete picture of the situation. What the Immigration Department will deduce from this is hard to predict. However, pursuing legal action and informing them may encourage the debtor to take your claims more seriously than before. While I won’t make specific recommendations, this approach could lead to a more favorable outcome for you. Just remember, don’t expect the Immigration Department to side with you. It’s essential to assert your rights in court and keep the department informed about ongoing litigation. This is relevant to determining whether the business is a credible sponsor and if the individual can demonstrate a substantial economic contribution to Hong Kong without any security concerns. I hope this information is helpful!

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