New Content Daily Sign Up Here

So, you sense there’s an opportunity to augment your salary with some freelance work so how do you go about making an application to join in a side business in Hong Kong?

QUESTION

Dear Visa Geeza,

I have listened to your podcasts regarding sole proprietorship and followed the information given.

Background information – I am currently working as a Business Manager (3+ years) for a Hong Kong based company who holds my working visa.

My employer has agreed that I can work outside of my current company as a sole proprietor / freelance.

I have registered and got my BRC and waiting on forms to open a bank account.

My questions is, what is the best way to approach immigration / who to write to regarding acceptance of my sole proprietorship?

1) My employer to write a letter confirming that they allow me to work outside the company – is there anything you would advise to include / not include?

2) A personal letter from myself outlining my business activates / plan – during work for my current company I have been approached by a number of other businesses and sometimes friends who want certain services for Hong Kong companies.

Do I need to outline in detail or just explain what services I will be offering?

Do I then need to link how this will benefit Hong Kong and potentially create new jobs etc?

Any advice would be great as this will hopefully be the last step and I can start accepting work during my free time and keep immigration happy.

Thanks!

ANSWER

Yes, so as you’ve understood, going about getting the permission of the director of immigration to join in a side business requires you essentially to get the permission of your current employer to confirm that they have no objection to you taking up this side business. And they need to do that in writing.

And, insofar as the inclusions, essentially, so long as the employer, a sponsor, clearly denotes that he has no objection to taking up that side employment, then really that’s the sum of that correspondence part to the Immigration Department. Then in terms of your personal letter from yourself outlining your business activities, yes, essentially what you do is you talk about the work that you do for your current employer, how you have sufficient time, free time, that you could use productively, and you’ve been approached by various parties in Hong Kong to provide those services. Consequently, in anticipation of the Immigration Department approving you to uptake that side business you have established, a sole proprietorship and you are standby ready to begin work on side projects the moment that the director of immigration authorises it in writing.

So, yes, I would essentially set out in your current letter to the Immigration Department the rationale for you wishing to take up that side employment. At this point, I wouldn’t really get into issues about how it’s going to benefit Hong Kong and potentially create new jobs and the like; the expectation of a side business is that it’s something you do on the side, something that supplements and supports the income that you receive from your current employer. And by giving you permission to join in the side business, the Immigration Department are essentially saying, okay, we acknowledge that you have other talents that could be marketable, we don’t particularly want to stand in your way of you being able to exercise those marketable talents for profitable end, just so long as your current employment interests are not compromised by your proposed side business activities – hence the Immigration Department needing the permission of the employer to go forward with an approval for such an application.

So, yes, I wouldn’t harp on too much about how you’re going to create local jobs and add a lot of value to the economy of Hong Kong. Essentially, the side business process anticipates that there is some value creating activity. There’s no need to argue for it as such, and clearly, if you do believe you’re going to create new jobs, then that begs the question as to whether or not that’s a part time side business or whether it’s a full time business. And if it’s a full time business, then clearly you need to stop working for your current employer and make an application for a wholly fledged business investment visa instead.

So, essentially, those are the two things that you need to be thinking about when crafting your letter to support the proposition that you should be allowed to join in your side business.

It’s an application to the 5^th floor of immigration tower, addressed to the residence section; you can send it in by mail. There’s no need to show up with your passport to progress this type of application, and the Immigration Department will deal with you via correspondence through to your approval.

I hope you found that useful.

Check Out VisaGeeza.Ai

All Our Know-How : All Our Experience : Fully Interactive

100% FREE!

More Stuff You May Find Useful Or Interesting

Are There Any Advantages To Being An Existing Resident Of Hong Kong When Making An Application For An Investment Visa?

Newcomers Guide To Getting A Hong Kong Employment Visa (Infographic)

Can I Employ Myself By Getting A Hong Kong Investment Visa?

Sometimes Large Employers Experience Hong Kong Employment Visa Application Refusals – Why Might This Be So?

The Merits Of Applying For The Reconsideration Of A Refused Hong Kong Visa Application

PODCAST ANSWER

Podcast: Play in new window