Hong Kong Visas Made Easy

Can I Study Then Get Married All Whilst Holding A Hong Kong Employment Visa Sponsored By A Company I No Longer Work For?

Posted by The Visa Geeza / in Employment Visas, Long Stay & PR, Your Question Answered / 4 responses

Life in Hong Kong throws up many new opportunities and this question seeks to understand the implications for 7 years continuous residency in respect of an eventual right of abode application where an overall switch over in life plans sees a lady intending to relinquish her employment visa for a student or dependant visa …

QUESTION

I am a Canadian citizen living in HK. I have an employment visa and want to leave my job. My fiancee (Canadian citizen) has an employment visa and we will be married in 10 months.

1. Can I leave my job (my employment visa has been extended until 2014), stay in HK on my employment visa until the wedding, and then transfer my visa to a Dependent visa linked to my husband?

2. Will this 10 month gap of non-employment, (even though I have 2 valid years left on the employment visa) count as a break in the 7 year continuous living requirement for permanent residency? I will remain in HK.

3. Will a dependent visa still count towards permanent residency?

4. Does permanent residency need to come from only one type of visa, or can it come from multiple visas?

5. Is there any benefit to having an employment visa over a dependent visa for permanent residency or privileges as a HK resident?

6. Can I attend a HK based university under the employment visa or must I change the visa to a student visa?

7. Will the time between the date of resignation and the beginning of my student visa (if I choose to do this, possibly 4-6 months) break the continuous living requirement for permanent residency?

ANSWER

I really love it when questions like this are laid out so logically and sequentially because I can just get to the height of the question without worrying too much about the facts to ensure that my advice is as accurate as it can be. So, cracking on number one question, the answer is yes. The moment you stop working for your current employer, your ability to continue to work in Hong Kong ceases at the point of your employment termination, but the privilege to resign continues on.

So, as long as in that time you’re maintaining all the vestiges of settlement in Hong Kong, then for all practical purposes the fact that you are not going to be working whilst you have an employment visa with a limited stay that’s still valid should not break your continuity of residence, specifically or particularly if you’re going to be preparing for nuptials in that time.

So, yes, you can transfer from employment visa to a dependent visa and expect that it’s not going to break the continuity of residence, which effectively answers your second question, as long as, as I said, you can show that all throughout this time you have been continuingly engaged in activities that can be said to suggest that you are settled in Hong Kong, and, as I said, preparing for your nuptials to a Hong Kong resident is certainly good evidence of this. So, yes, you’ll be fine in that regard.

The time spent as a dependent visa holder will definitely count towards permanent residency, so long as you’re going from your employment visa into your dependent visa back to back any state of administrative flux in relation to your change of immigration status should not preclude you from qualifying/having that time qualify under the seven year rule.

In reply to your question four – effectively you need a residence visa, and that residence visa can be reflected in any kind of visa other than visitor or indeed any of the other categories, such as a foreign domestic helper or if you’ve been admitted under the supplementary labour scheme. People admitted under these programmes do not have the privilege of being able to count time spent as a whole holder of that type of visa for the purposes of continuous ordinary residence. So, yeah, going from one employment visa to a dependent visa is not going to be a problem for you.

I think I’ve answered the question five – if there’s any benefit in having employment visa or the dependent visa for permanent residence privileges of Hong Kong resident. No, it doesn’t make any difference. It’s all about the act of settlement.

In reply to your question number 6 – Well, under the employment visa, you’re entitled to join in a part time course of study. If it’s your intention to engage in a full time course of study, then you need to relinquish your employment visa and change to a student visa. So for all practical purposes, in your circumstances, time spent as a student, which would then subsequently adjust to dependent (once you’ve got the marriage to your fiance out of the way) all of that will count as good time for ordinary residence purposes when it comes to your right of abode application.

Subsequently, and finally, the answer to your last question is again no. As long as you can show that you’re engaged in the act of settlement or continuing engagement in the act of settlement throughout all of this time, then it will not break your continuous ordinary residence for the purposes of a right of abode application.

Problems only ever come into play with breaking continuous ordinary residence, if you effectively relinquish your residence visa status and don’t do anything about reinvoking it or reinstating it, I should say within a very quick period of time after it’s expired. But if you’ve got continuous back to back residence visas throughout all of this time, and the ordinary pattern of your life suggests that you have been settled in Hong Kong throughout all of this time and in fact, any absences from Hong Kong during this time have been of a nearly temporary nature, as evidenced by what you leave behind to return back to at the end of your temporary sojourn abroad. And at the time that you make your application for permanent residency, you can show that you’ve got back to back tenancy agreements or you’ve got residential accommodation arrangements in place, for example, such that you bought your own property. And you can show that as long as you can show that you’ve got your tax returns all in good order and that, for all practical purposes, you’ve got an obvious manifest pattern of normal continuous ornament residence in Hong Kong throughout those seven years. The plans as you set them out for me in your list of seven questions suggest that you won’t have any problems at all when it comes time to making your application proponent identity card.

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How Do Foreign National Children Resident In Hong Kong For 7 Years Go On To Acquire Permanent Residency Here?

Posted by The Visa Geeza / in Family Visas, Long Stay & PR, Your Question Answered / 1 response

The test for the right of abode for foreign national children resident in Hong Kong for 7 years is the same as for adults but the manifestation of that PR takes a slightly different form…

QUESTION

I’ve heard that our children can independently hold permanent residency once they turn 7.  Is this correct and if so, how do we go about applying for it?

Thanks!

ANSWER

Once a child that was not born in Hong Kong has lived here continuously for a period of not less than seven years, that child goes on to make an application to have his eligibility for a permanent identity card verified, and that exercise involves exactly the same approvability test as is applies to an adult counterpart that’s also seeking to go ahead and secure the right of abode in Hong Kong.

Therefore, usually in the context of children that are naturally resident in Hong Kong with their parents, the evidence that’s submitted in support of that application is that they are together with their parents and that they are in school, and the Immigration Department take proof of schooling typically as being definitive evidence that they have been continuously known as a residence in Hong Kong, and of course they do check to see their whereabouts during that time. So, insofar as the test goes, it is, essentially, the same as it is for adults, when it comes to children; however, the manifestation of the right of abode is reflected not in the issue of a permanent identity card because the child, if it’s under eleven years of age, can’t secure any kind of identity card; effectively, once they get to eleven they get a juvenile ID card, and that, juvenile ID card states that the holder has the right of abode, but prior to that the actuality of having had your verification for eligibility for the right of abode verified, it is reflected in a sticker that’s placed in the back of the passport of the child, and then the child then presents that at the boundaries and at the airport when the child is travelling. And of course the Immigration Department immediately admit the child and the strength of the child having the right of abode. So that’s it, it’s an endorsement and a passport first until the issue of the first ID card whereupon the permanent identity card is formally issued.

The only wrinkle to that is that at the point of issuing the ID card at the age of eleven, there will be a further examination to ensure that the child has remained continuously resident in Hong Kong, throughout the preceding, say in this case, three or four years, if the child had eligibility verified at the age of seven, and if the child has not been continuous and only resident in Hong Kong throughout all of that time or has been absent from Hong Kong for more than three years at a stretch, then the ID card that will be issued will be a right to land ID card and will not be a permanent identity card.

In a nutshell, eligibility can be verified through the placement of the sticker in the passport, but you still need to maintain your connections to Hong Kong under the Basic Law, which means that the child must have been in Hong Kong on at least one occasion during the interim period, over a course of three years, in order to maintain eligibility for the right of abode and the issue of the permanent identity card accordingly. Otherwise, as I’ve stated, the child will be issued with an ID card that grants him the right to land.

I hope you find this useful.

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Why There’s No Such Thing As Migrating To Hong Kong But Rather, It’s All About Your Rationale

Posted by The Visa Geeza / in Long Stay & PR, Your Question Answered / No responses

Question:

Hi there,

I am interested in migrating to Hong Kong, wasn’t sure what is the best route – getting employment take times, and I wonder what might be the alternative. I am going to open a domain company but not sure if that works.

I need some help to explore some of options but I notice your fee structure is based on specific visa type. Since I wasn’t even sure what approach I should take, I am particularly sure to approach this with your company.

Any advice would be appreciated, including the exploration of skilled talent immigration.

Also can you share with me what are the different level means and what is the differentiator of each service level?

Thanks

ANSWER

The problem in providing kind of an answer to this question is that you have, understandably, an operating assumption that Hong Kong as a jurisdiction operates like other immigration jurisdictions do from a sort of a migration stroke quality of life perspective. The reason why quality of life programmes exist in other jurisdictions is because other jurisdictions such as Canada, New Zealand, Australia, the UK, US to a degree – they all are seeking to augment their populations through the addition of further long term population through immigration, through a structured immigration programme.

Hong Kong basically doesn’t operate like that. Hong Kong is not a quality of life migration jurisdiction like the others are. And consequently, what it means is that you need to have a rationale for coming to Hong Kong and that rationale will be reflected in the particular visa type that you go after. And our websites are structured in such a way as to reflect the rationale focused nature of Hong Kong immigration, rather than the kind of call to arms for a general population increase through certain types of qualified people. It doesn’t work like that. There always needs to be a rationale.

So, for example, if your rationale to come to Hong Kong is to study, you apply for a student visa. If your rationale is to come to work – an employment visa, to invest in an operating business, a business investment visa as an entrepreneur, joining family, you apply for dependent visa for the purposes of family reunion, if you’re coming for short term visit purposes, then you can potentially get a travel pass. So the instruments of Hong Kong immigration reflect the specific rationale and reasons for why people are coming to Hong Kong. So the Immigration department can control those activities according to policy and that’s how it’s managed here.

So, all I can suggest that you do is have a think about your rationale -what’s best suited to you, then explore the visa type and then make some determinations about how you can sort of craft the circumstances for you to be able to access the immigration programmes in Hong Kong.

It is therefore more a case of what is it that’s really bringing you here and how can you get immigration status to be able to reflect that rationale and how does that immigration status that you get work into long term permanent residency aspirations which require a full seven years of continuous ordinary residence in Hong Kong, holding the particular residence visa type that reflects the rationale that’s brought and kept you here throughout the seven years claimed.

And at the end of seven years, you’ll be able to adjust your immigration status to permanent residency, which would then give you the kind of effective migration type outcome that you’re seeking. But, having done it through the auspices of the immigration programme here, which, as I said, is configured from a rationale first perspective.

I hope you found that useful.

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Does Time Spent Outside of Hong Kong Working For A Hong Kong Employer Break Continuity of Residence for PR Purposes After 7 Years?

Posted by The Visa Geeza / in Employment Visas, Long Stay & PR, Your Question Answered / No responses

Time spent outside of Hong Kong working for a Hong Kong employer?

This question has come up before but the questioner has assumed that his training visa will be extended subsequently so… 

QUESTION

I am married and have two kids aged 8 and 5.

I have recently taken up employment in Hong Kong with a Hong Kong company.

My company has initially sponsored a 9 months employment/training visa for me, as eventually they would like me to work abroad in their overseas subsidiaries.

Given the short term nature of my initial stay in Hong Kong, I haven’t moved my family here and staying alone.

I have got an HK ID and have also opened an HK bank account where my company will pay my salary every month.

Here is my question.

Will the time spent outside HK working on international assignments for my HK based employer, count towards the minimum stay requirement for HK permanent residence?

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Will the 2 years I spent studying in China break my continuity of residence for my right of abode application?

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Hong Kong Work Visa – Is 2 Years Post Graduation Work Experience An Absolute Prerequisite?

Posted by The Visa Geeza / in Employment Visas, Your Question Answered / No responses

If you are a graduate is it hard and fast that you need at least 2 years post graduation working experience in a managerial or supervisory capacity in order to secure a Hong Kong work visa – or is there some wriggle room in this regard?

QUESTION

Hi there,

I have heard in one of your podcasts, that one needs to have at least 2 years post-graduate experience.

After my graduation I was on a 1 year working holiday visa in Hong Kong and could claim 0.5 year working experience out of that. I also had lots of working experience before my graduation.

Now my question is:

Is the 2 years working experience a YES/NO criteria in getting a Hong Kong work visa?

Or is there a chance to receive an employment visa with less than 2 years experience if all other factors are positive?

And finally, would I be better off applying for a training visa in this case?

Thank you for your help.

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How Can You Extend Your Hong Kong Work Visa if Your Passport Is About to Expire?

Posted by The Visa Geeza / in Employment Visas, Musing / 5 responses

How can you extend your Hong Kong work visa if your passport  has only a very limited amount of time remaining on it before it expires?

QUESTION

Hello,

My passport is currently being renewed but my Hong Kong work visa runs out very soon. 

However I cannot start the visa extension application process without a new passport.  

I am worried my visa will expire before the application is complete. 

Does immigration allow special extensions for such circumstances?

ANSWER

This situation would occur a lot more frequently than you might imagine and the Immigration Department have a very straightforward way of dealing with it; essentially, what you do is that you start your extension application with your old passport details – the application should be submitted within 30 days of the expiry of your current Hong Kong employment visa limit of stay, and at the same time, you submit proof of your new passport application to the Immigration Department as part of that extension exercise.

This inputs the Immigration Department that there is a new travel document in process and they will wait until the issue of your new passport in order to finalise your new extension that will go into your new passport.

I hope you find this useful!

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Can I Set Up A Hong Kong Company, Employ My Business Partner & Sponsor An Employment Visa For Him?

Posted by The Visa Geeza / in Employment Visas, Investment Visas, Your Question Answered / No responses

The answer to this question is multi-part and ultimately driven by the challenges associated with a New Business Situation…

QUESTION

I am based in Hong Kong and would like your advice on visa applications for a friend.  

A friend of mine, who is based in the US and I have been discussing a business opportunity for Hong Kong and I wanted to know the best way for him to secure a working visa.

We had discussed me setting up the company and then employing him and subsequently sponsor an employment visa through the company.

Would that work?

The alternative would be for him to apply for an investment visa as he would be the brains behind the operation.

Please can you let me know which option would be best or which would be more successful?
 
Another friend of mine who set up her own recruitment agency here in Hong Kong said that as an expat setting up a company you are unable to employ someone from overseas for the first year of your business being operational.

Is that also correct?
 
Any light you could shed on this would be greatly appreciated.

ANSWER

What a lovely question with three particular moving parts that I’d like to address.

The first moving part really relates to your own immigration status; I’m going to take the view that you don’t have an immigration problem to participate in this venture one way or the other – say, for example, because you have a dependent visa, or because you have the right of abode or unconditional stay or right to land, or one of the other two types of immigration status that exist that would allow you to participate in this venture with your business partner. So I’ll assume that there are no immigration implications that, in a sense, impact on you, because if you were an employment visa holder working for a third party employer and you wanted to join in this business, there would be an immigration implication arising for you as well as for your business partner, too. But as I say, I’ll just make the assumption that you don’t have that problem in this mix.

Therefore, turning our attention to the second issue, which is what type of mechanism would be suitable for your partner to secure immigration permissions to be in Hong Kong to carry on this business with you?

Well, whether he applies for an investment visa because he’s got the overwhelming majority of the shares in the business, or whether, for example, you decide that you’re going to split the business 50-50 between the two of you, the bottom line is that the Immigration Department will be working with a new company or a new business situation – whether it’s the investment visa or whether it’s an employment visa, because you only own a smaller percentage of the shares if it’s a new business situation, and invariably it is, because in an investment visa scenario, it’s a new business per se, then the Immigration Department will apply the approvability test for the investment visa, irrespective of how you go about couching the application; all things considered, that is, in the new business situation, they’ll look to see that the enterprise can make a substantial contribution to the economy of Hong Kong, and this would involve the creation of local employment opportunities, the establishment of a proper office, and you need to ensure that you’ve got both funding resources and operational resources. That is the types of things that are normally present that are driving you to make this investment in Hong Kong in the first place.

All of these facets of the approvability stool, as I’ve couched it, absolutely need to be present, irrespective of whether he takes an employment visa because he’s only got a smaller percentage of the shares than you, or it’s an investment visa because he’s got a clear majority of the shares, all things considered.

So one way or the other it doesn’t really matter. You’re still going to have to pass the essential elements of the approvability test which I’ve dealt with elsewhere on the blog.

The third piece to this is your own friend who set up a recruitment agency who stated it was their experience that in the first year per se you’re unable to employ someone from overseas. Um, well that’s not strictly true. Effectively the Immigration Department look at the bona fides of the applicants from the perspective of them being able to show that they posses special skills, knowledge and experience of value to not readily available in Hong Kong and that no local person can be expected to do that job. But again it doesn’t matter the age of the company. If the company is properly resourced and if the three legs of the approvability stool are all in place, then it doesn’t matter the age of the proposed sponsoring entity. It just depends on how strong and well established the business is at the time that you make the application.

Okay, I hope you found useful.

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