The right to land in Hong Kong impacts quite a number of people here but does not figure much in the general immigration scheme as it is not a status that you can apply for per se, nor is it an immigration status that you can acquire by descent.
The right to land in Hong Kong is available in certain situations which I discuss in the context of this question which popped into my Inbox first thing this morning (and I have assumed the questioner’s parents are Chinese citizens for the purpose of this question).
QUESTION
“Hi, I was born in Netherlands in 1974, but my parents are from Hong Kong. Will I still be able to apply for the right to land? “
ANSWER
In this discussion, we are focusing on the Right of Abode in Hong Kong rather than just land rights or immigration status. Since 1997, the concept of permanent residency has become important for individuals seeking to secure their Right of Abode in Hong Kong. A Hong Kong permanent resident, who possesses the Right of Abode, enjoys several benefits, including the right to land, freedom from any conditions of stay, protection against deportation, and the assurance of not being removed from Hong Kong. However, it is important to note that if a foreign national loses their Right of Abode, they can still obtain the right to land, provided they initially possessed it. The right to land continues to be relevant for certain British nationals who were resident in Hong Kong before 1997. Over time, most individuals who have lived continuously in Hong Kong for seven years since then have successfully obtained their Right of Abode. It’s significant to understand that your immigration status is often influenced by your family background, specifically your parents’ Right of Abode status at the time of your birth. For those in similar circumstances, I recommend checking the last link on this page for a detailed discussion on how to anticipate the immigration department’s response when applying for the Right of Abode based on your specific situation.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
A foreign national became a permanent resident after many years study and work in Hong Kong.
Now he wants to sponsor his parents holding Canadian passports to become a P.R.
In Hong Kong too – any way to do that?
How long will it take for the application?
Thank you.
ANSWER
In Hong Kong there is no facility to automatically secure permanent residency for foreign nationals other than the process of undergoing seven years of continuous ordinary residency in Hong Kong. So notwithstanding the fact that there is a situation where an individual – foreign national, has recently secured permanent residency that in of itself is not going to parlay or translate into opportunities for permanent residency for any other family member automatically, other than for dependent children under the age of 21 who were born in Hong Kong whilst such a person was a temporary resident here.
In any event, in order to secure status to allow dependent parents to be residents in Hong Kong sponsored by a foreign national permanent resident, the only manoeuvre that’s available is to apply for dependent visas for the elderly parents, and elderly in that regard is over 60 years of age.
The application is relatively straightforward, but you need to show that there is dependency on the part of the parents, and that the sponsor can put food on their table and a roof over their head.
Once those dependent visas have been independently secured, those elderly parents will maintain their residency under dependent visa status throughout all of the seven years that follow the issue of the dependent visa in the first place, and at the end of that seven-year period they will be able to independently apply for permanent residency in their own right.
So, to answer your question, no ability for permanent resident foreign nationals to automatically undergo process to get permanent residency for any other supporting family members or accompanying family members, but there does exist a mechanism for elderly parents in this type of scenario to become permanent residents after seven years of holding dependent visas. I hope you found that useful.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
This is joining in a side business albeit in another name…and a solution for certain types of Hong Kong Employment Visa holders thinking about freelancing in Hong Kong
QUESTION
Info
-NZ Passport holder
-Working in Hong Kong for three years with an employer.
Hello
I would like to know how I would go about starting a business in Hong Kong. I would like to start a freelance business. I am worried about my visa with this if I sponsor myself.
Should I create my business now, and apply while I am with my current job to be safe?
ANSWER
This question really gives us an opportunity to discuss the possibilities of getting independent visa permissions for “freelance work” and, given the circumstances, as I understand them, the best possible way for you to bring about the outcome that you’re looking for, firstly, the thing to appreciate is that you presently have a Hong Kong employment visa sponsored by a third party employer.
If you wish to leave that employer and then go into business for yourself as a freelancer, as you state it, then you’re going to have to make an application for what’s known as a business investment visa. So you’ll be changing your category from sponsored employment through to business investment, and at that time you’ll have to show to the Immigration Department that you can make a substantial contribution to the economy of Hong Kong. Now, I’ve dealt with the elements of that approvability test elsewhere on the website, just do a search under business investment visas and you’ll find a lot of information about that.
The problem therein lies that you are going to be freelancer, which means it’s a one-man business, and such businesses normally are not in a position to make a substantial contribution to the economy of Hong Kong because there’s only one person ultimately going to be advantaged, that’s you as an individual freelancer.
So, I would urge you to look very hard and carefully at your plans to leave your employment and then go and start out working for yourself and making that application as a freelancer. Because unless you are in a position to create local employment opportunities, have a properly set up office and are particularly well resourced, you may find that the Immigration Department don’t buy into your argument and therefore you may not get the appropriate approval that you’re looking for. So, that really is probably the riskiest part of the proposition, as I understand it.
You can, on the other hand, take another path where you effectively maintain your current employment and, with the written permission of your existing employer, you request the Immigration Department to approve an application from you to join in a side business; and in doing those freelance activities on the side, the Immigration Department will arguably give you the approval that you’re needing. And, as I say, as long as you’ve got the permission of your current employer to be able to do that things should be okay.
So in summary, my best advice would be if you really are going into freelancing, in a sense, abandon the idea of being a self sponsored employee by getting a business investment visa.
I think it’s just probably too hard and possibly beyond your initial expectations of what you want to do commercially and how you go about earning a living and stick with the full time sponsored employment if it’s possible. Therefore, get the permission of your current employment visa sponsor to freelance on the side and then secure a business registration certificate as sole proprietor and then make an application to the Immigration Department for permission to join in the side business with your current sponsoring employer’s consent. That way you will be able to achieve your objectives, and at some stage in the future, you never know, your freelance business might grow to the point where you do need to create local employment opportunities and you are going to need independently a properly set up office and you might have the requisite resources in play, both financial and other commercial resources, to the extent that the time spent as a freelancer on the side could be a proving ground for a bigger application subsequently, where you would be able to pass the approvability test and show that you can make a substantial contribution to the economy of Hong Kong.
I hope you found that useful.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
What’s the differentiating line between a Hong Kong investment visa and an employment visa when investing in the company that is seeking to sponsor-employ you?
QUESTION
I’m from Australia and have been living and working, as a language teacher, in Hong Kong since December 2014.
I am currently starting up a business with a partner.
I have an employment visa and my business partner has no visa challenge associated with this project – he is married to a local woman.
We are setting up an insurance brokerage based online. We have a business plan and also plan to employ at least 3 members of staff within the next twelve months.
We have a 90% completed website (by developers based in Hong Kong). We are also incorporated in Hong Kong too.
My partner has paid for his 51% equity with a permanent, 5 desk office in Wanchai and HKD500,000 in cash.
I am ready to invest HKD500,000 in capital in exchange for my 49% along with my domain expertise and experience.
I am a qualified insurance professional in Australia and have sat for and passed the relevant exams in Hong Kong, but only really have experience here as a language teacher, so feel that an employment visa would be tough to get from Immigration.
How likely is it that I will be accepted for such a Hong Kong investment visa?
ANSWER
This is a great question, and I really appreciate you bringing it up. It goes to the core of three key points: your transition to a new business situation, moving from one profession to another for visa purposes, and the investment necessary to convince the immigration department of your eligibility. First, regarding your new business serving as a sponsor, you’ll need suitable business premises, which you seem to have, and a clear pathway to creating local jobs. Additionally, having adequate funding and resources is essential. Given that your website is nearly complete and you have a professional background, it’s likely that your new entity will meet the immigration department’s criteria for sponsorship. Next, let’s address the change of employment category. You’re currently on an employment visa that requires proof of special skills, knowledge, and experience not readily available in Hong Kong. While being an English language instructor can restrict your classification, if you’re qualified in another profession and intend to invest in a business, the immigration department will recognize your capacity to contribute to that investment as valuable. I advise you to invest the approximately half a million dollars you mentioned into the business. This can be through direct capital or loan capital. It’s crucial to demonstrate this investment as part of your commitment to participating in the company’s activities, as it can positively influence the immigration department’s evaluation. Now, regarding your immigration status, it seems you’ve ruled out applying for an employment visa due to the change in work focus. However, since you’re qualified for the work tied to your investment, you’re in a strong position to apply for a change of category from a sponsored employment visa to a business investment visa. Since you own less than 50% of the company, I recommend seeking your company to sponsor you. Although there are no strict rules, the immigration department will evaluate your application through both the employment visa and business investment visa criteria. Given that you’re an existing resident, processing for these applications typically takes four to six weeks, allowing you the flexibility to choose the best route. I would suggest pursuing the employment visa with specific considerations for your status as a shareholder, as this could enhance your chances of success. Overall, your qualifications, investment, and residency status position you well for a successful application. I wish you all the best as you move forward!
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
Are family members who are accompanying a main applicant for the right of abode in Hong Kongtreated in any particular way by the Hong Kong Immigration Department?
QUESTION
Hi
When applying for the right of abode in Hong Kong for the whole family .. if I put in 9 years worth of my husband’s tax forms and 9 years’ worth of rental contracts for our flat do I need to any any proof for myself and children (18, 16 & 13) .. all 3 of whom are now at boarding school in the UK.
Does it matter that they have studied away as they are still resident here?
We all have dependant visas.
Thanks!
ANSWER
When applying for the right of abode in Hong Kong, if the entire family has been ordinarily resident alongside the main applicant, you can prepare the application papers highlighting the main applicant’s continuous ordinary residence for the required minimum of seven years. Family members who have also been ordinarily resident during this period can effectively “piggyback” on the main applicant’s application. By submitting nine years’ worth of tax returns and corresponding documents that demonstrate your residential arrangements in Hong Kong, you can meet the documentation requirements for the family application without needing additional information. Regarding children being educated overseas in boarding schools, their time spent away for educational purposes will not disrupt their continuity of ordinary residence, provided their parents remain ordinarily resident in Hong Kong and the children return home during school holidays. Thus, their education will not hinder their eligibility for permanent residency alongside you and your spouse. I hope you find this helpful!
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
For 6 months I’ve sent my resume to more employers than I can count but when it comes to the visa they say “We will call you back”.
I’m from Zimbabwe, 24 years old, graduated from a Tourism and Hotels University and I’ve a girlfriend from Hong Kong for more than 2 years and we actually live together but we won’t get married for the visa also I’m not ready.
Yes, it’s unfortunate you find yourself in this situation because, as you’ve discovered, many employers in Hong Kong find the idea of negotiating the labyrinth of an employment visa application for a foreign national just to be all too much to bear given that there is essentially no certainty of outcome.
And then there’s always the time that it takes for the visa application to place itself out before you’ll be lawfully employable and able to start your work. So it’s very difficult for me to be able to say to you that there is any sort of shortcut as regards this; the reality is, as you know, that you need to have a job offer to be able to at least promulgate an application for an employment visa, unless you use one of the other immigration statuses such as the Quality Migrant Admission Scheme or the Capital Investment Entrance Scheme, that will avail you of immigration permissions in Hong Kong so that you can take up employment without needing to deal with the visa question.
But being a graduate in hospitality, I suspect that the idea of being a quality migrant is probably too much in your situation, given the way that the Immigration Department are looking for top notch talent under that immigration programme, and under the capital investment entrance scheme, which is certainly available to you if you’ve got the necessary means and that’s a minimum of HKD10 million to lock into qualifying investment asset classes, it would seem that that might be beyond your reach as well.
Therefore, really the only pathway into employment in Hong Kong without the requirement for formal immigration permissions, at least initially, is if you go to Hong Kong University and in your instance get a master’s degree and get a student visa to allow you to carry out that course, which may take a year or two depending on the programme. And then once you’ve graduated from the Hong Kong University with your new master’s degree, you can enter the workforce for the first twelve months under the Immigration Arrangements for Non-Local Graduates (IANG). That effectively mean that you can just take up any employment once you’ve got the IANG stamp in your passport, which is a rubber stamping exercise in actual fact, as a fresh graduate, and that will then see you with a pathway into an employer. And, at the end of that first year, the extension that you will need is subject only to you showing that you’ve been employed in a job that is commensurate with your qualifications and the compensation is broadly commensurate with what is paid locally; and that is really the only clear pathway that I can see you getting into employment again without the engagement of an employer who is prepared to sponsor your employment visa. That, or as you are clearly in a loving, committed relationship with your girlfriend, you do, as you have identified, determined to get married, and thereupon you’ll be able to get a dependent visa; however, as you, I would never countenance the idea of marriage for immigration purposes, so it’s not recommended.
I’m sorry the news isn’t great, but that just seems to be about the maximum extent of your opportunities, I’m afraid.
I wish you all the very best.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
Do the Hong Kong Immigration Department expect every foreign national employee of Hong Kong registered companies to have employment visas even if they have never worked (or never will work) in the HKSAR?
QUESTION
Is there any problem with a Hong Kong registered company employing someone currently resident in Malaysia for a role supporting one of our clients offices in Malaysia?
I don’t think a Hong Kong employment visa is required because he won’t work here and in the short term at least he can work in Malaysia on a visitor visa as long as he is employed offshore.
ANSWER
Insofar as employment visa permissions for Hong Kong it’s very straightforward. The law says that any foreign national who intends to take up employment in Hong Kong, paid or unpaid, needs the permission of the director of immigration, which means that you need to have an employment visa for all practical purposes.
If a Hong Kong company on the other hand is planning to deploy staff into another jurisdiction to work in that jurisdiction, then it’s really the law of that jurisdiction that comes into play rather than the law of Hong Kong. If the employee is not going to be taking up employment in Hong Kong, no employment visa is needed, but if he goes to Malaysia and malaysian immigration law demands that he has an employment visa, then clearly he’s going to have to get an employment visa there and comply with the terms of malaysian immigration law. Now, I’m not entirely sure what malaysian law says about these things because it’s not my jurisdiction but I have a sneaking suspicion that they probably would have something to say about foreign national working on their soil without the requisite permission.
So it’s worthwhile really looking into that closely and not take anything for granted as such because there may be implications for the Hong Kong company who’s doing the deployment into Malaysia, and it could end up being that Hong Kong company gets itself in hot water with the malaysian immigration authorities that could come back to haunt you.
So, insofar as Hong Kong goes now, don’t have to worry about it. But I’d urge you to check out carefully the requisite immigration laws in Malaysia to make sure that you’re not inadvertently falling foul of the way that immigration in Malaysia is practised to. Okay, all the very best with this.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
