Hong Kong Entrepreneur Visa (Business Investment) – A Practical Guide

Posted by The Visa Geeza / in Investment Visas, Musing, Resource, VG Front Page / No responses

The Hong Kong entrepreneur visa (business investment) is arguably the most challenging immigration status to acquire in the HKSAR…

On March 21, 2014 I gave a presentation at the Chinese Club entitled Business Immigration to Hong Kong – A Practical Guide. Although more than a decade has passed, the information remains relevant today because the underlying rationale and requirements for the Hong Kong entrepreneur visa have not changed.

In this section of the talk, I talk about  the Hong Kong entrepreneur visa (business investment) and set out how to go about getting one, but in big lines, obtaining approval for an investment visa is one of the most challenging tasks in the realm of Hong Kong immigration. Your goal is to pass the approvability test and clearly demonstrate to the Hong Kong Immigration Department that you can significantly contribute to the overall economy of Hong Kong.

To start, you need to craft a compelling business investment narrative and possess the skills to present it effectively. One useful approach is to envision yourself persuading a wealthy, self-made relative to financially support your business plan for Hong Kong.

After sharing your detailed plans, would you believe that he would choose to invest his hard-earned money to help you launch your venture in the Hong Kong Special Administrative Region (HKSAR)? This mental exercise serves as a barometer for how the Immigration Department may perceive your story. If your uncle wouldn’t be convinced, what makes you think the HKID will be?

Assuming your narrative is strong, you then need to consider the three critical components—what I refer to as the “approvability stool”—necessary for securing an investment visa approval: 1. Will you create local employment opportunities in the near future? 2. Are you planning to secure appropriate business premises right from the start? 3. Do you have real capital to invest, as this visa type inherently requires financial investment? Whether your available investment funds are modest or substantial, the HKID will also expect to see a range of additional resources you plan to utilize in your proposed Hong Kong business. This can include partnerships, confirmed business engagements, exclusive contracts with successful companies, bank guarantees, and endorsements from local businesses or notable figures, as well as a proven track record of personal and business achievements—essentially any resources that will help set your business on the path to success.

There are also two essential elements present in every investment visa approval we have facilitated over the past 20 years: an unwavering commitment to your venture and an evident entrepreneurial spirit. This drive is abundant in Hong Kong and serves as a benchmark against which all investment visa applications are evaluated by the HKID. If you lack enthusiasm for the potential success of your new business, regardless of how well-resourced it may be, this will undoubtedly reflect in how you present your narrative and manage your application. Therefore, think big, communicate confidently, substantiate your claims with strong documentation, and ensure your application is handled promptly.

Check Out VisaGeeza.Ai

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

100% FREE!

More Stuff You May Find Useful Or Interesting

Hong Kong Nvestment Visa – The Three Legs Of The Approvability Stool

Business Investment Visas – A Leg Up For Start Ups

The Remarkable Tale Of A Hong Kong Investment Visa Approval – Buying A Restaurant, Savings Jobs And Managing Remotely

What Does It Take To Get A Hong Kong Investment Visa Approved?

Hong Kong Investment Visas And Joseph Heller – What’s The Connection?

Can You Continue To Work If You Find Yourself In The Hong Kong Visa Extension Twilight Zone?

Posted by The Visa Geeza / in Employment Visas, Hadley Says… / 3 responses

This post helps you understanding your employment rights and options during visa extension status in Hong Kong

You may, on occasion,  find yourself in that strange situation where your current employment visa has expired, you are still employed by your employer of record but your employment visa extension application has not yet been finalized.

So, the question is, can you still work when you find yourself in this kind of twilight zone between old and new visa approvals.

The answer is yes, just so long as you have your extension application in the system and your continue to work for the employer who is the sponsor of your recently expired employment visa.

The situation is different, however, if your last employment visa has expired and your application to take up an employment with a new employer is currently being considered by the Hong Kong Immigration Department.

Until this change of sponsorship application is finalized, whether you’re in the twilight zone or not, you are not lawfully employable and so should not commence any of your new employment duties until the permission of the Director of Immigration has been secured.

(Which normally takes between 4 and 6 weeks assuming all your documentary ducks are lined up at the time you commence your application).

Check Out VisaGeeza.Ai

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

100% FREE!

I Hate My Boss & Want To Leave My Job – What About My Employment Visa For Hong Kong?

Posted by The Visa Geeza / in 60 Second Snapshot, Employment Visas / 13 responses

In actual fact, your employment visa permissions belong to you, not your employer as they are just the sponsor of your immigration status, not the final arbiter of whether you can remain in Hong Kong or not.

Only the Hong Kong Immigration Department hold this power.

If you find your position with your employer untenable and determine to leave your job, effectively, your permission to work ceases at the point of you terminating your employment, but your consents to reside in Hong Kong continue until the Immigration Department tell you otherwise OR your current limit of stay expires.

Consequently, you should write to the HKID and advise them of the change in your circumstances and at the same time let them know about your new intentions in the wake of leaving your job.

It is lawful activity to look for an alternate employer under this scenario, as is interviewing and accepting an offer of employment. But it is NOT lawful to start working for a new employer until you have secured the permission of the HKID to take up that new employment.

To go on to get these permissions, you to make an application to change your employment visa sponsor, which should 4 – 6 weeks to complete after you have submitted your application in light of your new offer of employment.

However, it is important not to assume that your application will automatically be approved as you still need to pass the employment visa approvability test in respect of that alternate employment and for all practical purposes the Immigration Department will treat such an application as an entirely new one.

Check Out VisaGeeza.Ai

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

100% FREE!

More Stuff to Help You Along

Does your employer control your immigration destiny in Hong Kong?

Can the sponsor of your employment visa hold your residence to ransom?

What happens to your Hong Kong employment visa when you lose your job?

What About Your Hong Kong Employment Visa If You’re Thinking Of Changing Jobs?

Posted by The Visa Geeza / in Employment Visas, Hadley Says… / 1 response

It happens all the time. You get an employment visa to work in Hong Kong for one employer – then your circumstances change and you want to take up a position with another.

The question is – what about your visa?

Is it OK just to swap jobs without doing anything down at Immigration Tower?

As a sponsored foreign national employment visa holder, it is unlawful to work for any employer other than your current sponsoring employer.

So, if you want to take up another employment, you need to undergo what is known as a ‘change of sponsorship’ application.

This, in many ways, is just like making an entirely new visa application.

The approvability test challenges are essentially the same.

The employer must be justified in seeking to employ a foreigner.

The jobs generally must be ‘like for like’.

The mere fact that you presently hold an employment visa does not in any discernible way advantage you in a change of sponsorship  application although, the longer you’ve lived in Hong Kong, the more likely the Immigration Department will buy into your argument – just so long as you can continue to demonstrate special skills knowledge and experience of value to and not readily available in Hong Kong.

Most often perfectly ‘do-able’ – just no shoe in!

Check Out VisaGeeza.Ai

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

100% FREE!

More Stuff To Help You Along

10 Must Have Resources For A Successful Hong Kong Working Visa Application

My Employment Visa Will Expire Before My Change Of Employer Application Will Be Finalized – Help!

What Do Both Hong Kong Employment And Investment Visa Applications Share In Common?

Will I Still Qualify For The Right Of Abode If I Lived In Hong Kong But Worked In Macau Temporarily For Some Of The 7 Years Needed?

The Perils Of Contriving A Job Offer Just For The Purposes Of A Hong Kong Employment Visa Application

Unemployed Employment Visa Holders Can No Longer Change To Top Talent Pass Visa Status

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

Unemployed Holders of Employment Visas Are No Longer Eligible to Change to Top Talent Pass Visa

Focus Appears To Be On Attracting New Talent & Not Enabling ‘Out of Luck’ Existing Talent

 – Click To Download The Guidebook – 

In late 2024, the Hong Kong Immigration Department implemented significant yet understated modifications to its Top Talent Pass Scheme (TTPS). These changes have notably impacted the eligibility and application processes for individuals seeking to transition from General Employment Policy (GEP) visas to TTPS status.

Evolution of the Top Talent Pass Scheme

Introduced to attract high-calibre professionals to Hong Kong, the TTPS initially allowed seamless transitions for GEP employment visa holders who met specific criteria:

• Category A: High earners with an annual income of HKD 2,500,000 or more.
• Category B: Top graduates with recent work experience.
• Category C: Top graduates with limited work experience.

This framework enabled GEP visa holders to switch to TTPS status by satisfying the relevant category requirements, offering a two-year period during which they could engage in various employment activities without immigration constraints.

Unintended Consequences

While the TTPS aimed to infuse new talent into Hong Kong’s workforce, it inadvertently provided existing visa holders with a temporary solution to impending visa expirations, especially for those facing unemployment. This loophole allowed individuals to extend their stay without newly contributing to the local talent pool, counteracting the scheme’s original intent.

New Qualification Criteria

To realign the TTPS with its primary objective of attracting fresh talent, the Immigration Department have now introduced a two-stage qualification process for current GEP employment visa holders and Quality Migrant Admission Scheme (QMAS) residents seeking TTPS status:

1. Stage 1: Applicants must obtain implied consent from their current employer to transition to TTPS status. This involves demonstrating the ongoing existence of the sponsoring employer’s business and the continuation of employment under the GEP employment visa at the time of application.
2. Stage 2: Applicants must meet the standard TTPS criteria under Category A, B, or C.

This revised process ensures that only individuals with active employment and sponsoring-employer support can transition to TTPS status, thereby enhancing the scheme’s integrity.

More Scrutiny

In response to reports of organized fraud, particularly involving falsified academic qualifications from Mainland China, the Immigration Department has intensified its vetting procedures. All claims of qualifying degrees now require third-party verification, adding extra expense to the process, and there is an increased emphasis on validating evidence of claimed work experience. These measures aim to prevent fraudulent applications and maintain the scheme’s credibility.

Implications

The tightened regulations underscore the HKSAR government’s commitment to attracting genuine talent while preventing exploitation of the system. Prospective applicants should be prepared for a more rigorous application process, including securing employer consent and undergoing thorough verification of qualifications and experience.

Last Words

The recent changes to the Top Talent Pass Scheme reflect Hong Kong’s dedication to maintaining a robust and dynamic workforce by ensuring that immigration policies effectively attract new talent and prevent misuse by existing visa holders. As the city continues to position itself as a global hub for talent, these measures are crucial in upholding the integrity and purpose of its immigration schemes.

For more detailed information on the recent updates to the TTPS and QMAS, refer to the official press release by the Hong Kong government.

Additionally, insights into the government’s efforts to combat the use of false information in visa applications can be found in this news article.

Check Out VisaGeeza.Ai

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

100% FREE!

More Stuff You May Find Useful or Interesting

When There Really Is No Need to Spend Any Money With A Hong Kong Immigration Consultant

The Foibles of Hong Kong Visa & Immigration Applications That Only Experience Can Fully Appreciate

Why Don’t Hong Kong Immigration Consultants Typically Help Aspiring Employees Find Jobs Here?

Why Pay For Professional Help In Your QMAS Application When You Really Can Do It All By Yourself?

100% Hong Kong Visa Application Success Rate? Take It All With A Pinch Of Salt

I Know The Immigration Department Website Is A Black Hole For Denied Hong Kong Visa Applicants So How Can I Appeal A Decision?

Posted by The Visa Geeza / in Hadley Says…, Refusals & Appeals / 39 responses

So, your Hong Kong visa application has been refused, no matter the type – and the letter you received from the Immigration Department says nothing about opportunities to appeal.

So you go to the Hong Kong ID website.

But shock, horror, even that is silent – so what can you do now?

Certain types of cases with the Hong Kong Immigration Department can be sent to the Immigration Appeals Tribunal.

But most residence applications, including investment visas, employment visas, dependant visas, capital investment entrant scheme visas and refusals under the Quality Migrant Admission Scheme have no formal recourse to the Tribunal.

Instead, you have to make an application for a Reconsideration of your denied application or otherwise apply for the Review of a Decision of a Public Officer under s.53 of the Immigration Ordinance.

Alternatively, if a wholly new set of facts are present now since your application was refused you can make a completely new application – or try again on the original application if a reasonable amount of time has passed – say, at least 6 months.

However, you need to be completely realistic. If the Hong Kong Immigration Department deny you a visa three times in succession you’re going to have to face the reality that your chances of securing residency in the HKSAR are very slim indeed – and maybe it’s time to start packing your bags.

Check Out VisaGeeza.Ai

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

100% FREE!

More Stuff To Help You Along

3 Hong Kong Investment Visa Applications That Would Be Refused Today But Approved 9-12 Months Later

Hong Kong Employment Visa – When All Else Failed We Appealed To The Chief Executive – And Won!

STOP PRESS! Hitler’s HKSAR Passport Application Has Been Refused!

How To Engage The Hong Kong Visa Centre If Your Immigration Application Has Been Refused

What Happens If You Overstay Your Hong Kong Visa Limit Of Stay?

What Hong Kong Visa Options Exist For Unmarried Partners?

Posted by The Visa Geeza / in 60 Second Snapshot, Employment Visas, Family Visas, Investment Visas, Special Programmes / 23 responses

This post deals with navigating Hong Kong immigration, highlighting how marriage simplifies the process and exploring options for unmarried partners

Under Hong Kong immigration policy, if you’re married, life is pretty much plain sailing from a visa perspective.

Married spouses accompanying their partners to the HKSAR when they come to work secure dependent visas which effectively provide carte blanche approvals to engage in any kind of activity which is lawful, eg, study, work, or establish a business.

However, if there is no legal marriage, the options are really very limited and the following classes of visa can be considered as a means for trailing partners to accompany their loved one to Hong Kong.

You can consider:

Getting a job offer – and then applying for an employment visa in your own right but there are no special privileges available to trailing partners in these circumstances and the approvability test for such work visa permissions is still very onerous.

The Quality Migrant Admission Scheme – if your partner is a top notch talent, representing human capital which would manifestly attractive to Hong Kong in your own right.

If you have 10 million Hong Kong dollars to invest –  in certain financial assets which you are prepared to lock into the HKSAR for the life of your residency this will provide the visa permissions you need to be with your partner and, after 7 years, you can release these funds finally and secure an alternate long stay immigration status freeing up your invested capital for other uses.

Start your own business – if you have the means and experience, you can consider the business investment visa.

Study at university – if you have the desire and means, you can secure a student visa and, upon graduation with a graduate or post graduate degree, you can automatically join the Hong Kong work force under the special privileges afforded under the Immigration Arrangements for Non-local Graduates.

Alternatively, if you have been living together immediately prior to relocating to Hong Kong, you can make an application for a prolonged visitor visa on the basis that you are defacto spouses (both heterosexual and same sex partners.)

However you should consider such immigration permissions as a slippers and pipe visa as it will allow you both to remain together, but not provide the consent of the HKID to work, join in a business or take up any course of study.

Check Out VisaGeeza.Ai

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

100% FREE!