Hong Kong Visas Made Easy

14

Oct 2019

How Do Lengthy Employment Secondments Away From Hong Kong Impact on Continuity of Ordinary Residence for a Right of Abode Application After 7 Years?

Posted by / in Long Stay & PR, Your Question Answered / 2 responses

First Published December 4, 2013

What do the Hong Kong Immigration Department make of lengthy, albeit temporary, secondments away from the HKSAR in pursuit of your employer’s business interests overseas?

QUESTION

Thank you for the Hong Kong Visa Handbook, which advises applicants for Right of Abode to be mindful of a 6 months plus absence from Hong Kong. 

I would be grateful if you could advise on following Questions A and B. 

I work as a Change Consultant for the Hong Kong office of a British firm and have been on secondment inside a client in Korea since October 2011. 

Based on the facts set forth below, (Question A) do you think it matters for my Right of Abode application whether or not I make a quick trip to Hong Kong during December 2013 prior to my permanent return to Hong Kong during first week of February 2014 when my secondment ends, and (Question B) based on your experience, do I have a reasonable chance of gaining Right of Abode when applying end of 2014? 

(i) I’ve been based in the Hong Kong office of my firm since end of Dec 2007 (such that I would have been based in the HKSAR for 7 years in Dec 2014).  My Hong Kong work visas have covered all periods with no gaps since Dec 2007 to present.  I have filed HK tax forms every year.  

(ii) I was sent in end of Oct 2011 from the Hong Kong office to be seconded inside a client in Korea for one year.  I received a Korean work visa for my secondment.  In Oct 2012, by request of the client, my secondment was extended to April 2013.  In April 2013, by request of the client, my secondment was extended to end of January 2014.  The secondment and each extension is documented by contract with the client. 

 (iii) Since Oct 2011 when I was sent to Seoul, I maintained my Hong Kong apartment lease (under my name) until August 2013; since then I moved to another apartment for which the lease is under a friend’s name.  Since Oct 2011, I have visited Hong Kong around twice every 6 months (each time for a day or weekend, to take care of errands in HK).  I also flew to Hong Kong in November 2012 to take certain Hong Kong vocational examinations (which I passed). These examinations are critical  (by law) to me being able to undertake certain specialist work in the HKSAR.

(iv) The last time I was in Hong Kong is mid-August 2013, and six months from that is mid-February 2014.

Again, I would be most grateful if you have any thoughts about my Questions A and B above.

Many Thanks.

More Stuff You May Fund Useful or Interesting

Will a short period of time away from Hong Kong break my continuity of residence for my eventual right of abode application?

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Will the one month I spent in Hong Kong as a visitor between employment visas break my 7 years continuity of ordinary residence?

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12

Oct 2019

Can I Apply for Right of Abode if My Employment Visa Expires on the Exact 7 Year Anniversary of My Residence in Hong Kong But I Have No Job on That Date?

Posted by / in Employment Visas, Long Stay & PR, Your Question Answered / 3 responses

First Published June 4, 2103

Do you need to be employed on the date that your 7 year anniversary of your residence in Hong Kong comes up which then allows you apply for the right of abode with the wrinkle that your current employment visa expires on exactly the same date?

QUESTION

I started working in Hong Kong with a working visa on 21st of April 2007.

Since then I have been continuously in Hong Kong, but have been made redundant this year.

My current working visa will expire on the 21st of April 2014.

Since I do not have a job, I will not get a new visa, so that day I will also have to leave Hong Kong.

My question: can I apply for the permanent residency on 25th of  April 2014 (as I have been at least 7 years now in Hong Kong, continuously, and I have decided to make it my home) and then leave Hong Kong and come back on a tourist visa while waiting for the -hopefully- approval?

Or just wait abroad untill they contact me?  If not, what should I do to ensure that I at least qualify the requirements for application?

I love Hong Kong so much that it would be a shame to just lose the PR because of that small period I am missing.

Thanks a lot.

More Stuff You May Find Interesting or Useful

What can be said to be ‘ordinary residence’ for the purposes of a Hong Kong right of abode application?

Will the 2 years I spent studying in China break my continuity of residence for my Hong Kong permanent residency application?

I have lived in Hong Kong for 5 years – can I extend my work visa for 2 years, quit my job, study full-time then apply for the right of abode?

Strategy on how to craft an argument to appeal a refused Hong Kong right of abode application

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09

Oct 2019

Is 50 Days a Particularly Long Time to Process a Hong Kong Employment Visa Application?

Posted by / in Employment Visas, Your Question Answered / 12 responses

How long should a Hong Kong Employment Visa Application take to finalize – especially in light of the 4 weeks cited on the Hong Kong Immigration Department website?

QUESTION

My working visa application is now almost into its 7th week (49 days and counting).

There were documents that immigration requested from my sponsor which may have delayed things a bit.

Day 1 – was personal filing of my employment visa application in Wanchai.

Day 28 – request of ImmD for certain documents from my sponsoring employer.

Day 31 – my sponsoring company faxed the required documents to immigration.

It is now almost 50 days and my application is still in progress.

Apart from the time it is taking, my other questions are:

(A)  Is the online enquiry actually updated daily or is it true that there will not be updates on Sunday and Monday because it would be results from the weekend.

(B)  I visited immigration and asked if I could get more detailed information.  He said someone would call me but nothing yet. How can I get the case Officer’s information if at all possible.

Thanks in advance.

POST REFERENCED IN PODCAST ANSWER: How to gee up a Hong Kong visa application that is taking a long time to finalise

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06

Oct 2019

Can I Easily Return To (and Then Remain In) Hong Kong as a Visitor Once My Current Employment Visa Has Expired?

Posted by / in Employment Visas, Visitor Visas, Your Question Answered / 2 responses

First Published September 3, 2013

Sometimes, people find themselves in a state of ‘administrative flux’ as one employment visa ends and the circumstances for a new employment visa have not yet, for one reason or another, materialised. The question is, however, can you easily return to / be in Hong Kong as a visitor whilst these wrinkles get ironed out over time?

QUESTION

I have been living and working in Hong Kong for the past three years on a valid employment visa which has expired yesterday (2/9/2013).

I finished my employment earlier in the month (I am not continuing with them) and went to Canada for a holiday.

I returned to Hong Kong last night (2nd), hoping to enter on a visitor visa, however I arrived in HK at 10:00 pm they said I could only enter under my employment visa (as it was still valid for another 2 hours).

Therefore this morning, at Immigration Tower I was told I was a technical overstayer (by one day) and they have gave me another 2 days to exit Hong Kong which I plan to do tomorrow via Macau and stay for one night.

On my return on Friday I hope to be given a 3 month visitor visa.

My questions to you are:

(1) Do you think they will allow me to come back in once I have left?

 (2) Do you have any advice on what I should say to the admissions officer?

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What are your visa options in Hong Kong if your marriage has irretrievably broken down?

The Hong Kong Immigration Department are out to deny – not approve – applications (aren’t they?)

Stephen Barnes’ ‘WHAT’S UP HONG KONG’ Interview – Immigration, Visas, the Universe, Life & Everything

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02

Oct 2019

As a Visitor Living in Hong Kong Do You Need to Get An Investment Visa if You Freelance Here But All Your Income is Sourced Overseas?

Posted by / in Investment Visas, Visitor Visas, Your Question Answered / No responses

What is the law about visitors working in Hong Kong as freelancers but not engaging in the local economy?

QUESTION

Hi Stephen,

I’ve lived in Hong Kong for 2 years and now I’m freelancing and getting all of my income from overseas.

I wish to stay in HK, so am I required to get a work / investment visa even if I generate no income here?

Thank you so much for your help.

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How to go about getting an investment visa if you are starting a business in Hong Kong

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Can you undertake freelance work if you hold a Hong Kong Working Holiday visa?

Is there a special visa type for foreign national media professionals seeking to live and freelance in Hong Kong?

Freelance consulting in Hong Kong – can you get a visa?

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30

Sep 2019

Am I Allowed to Work Full Time Even Though I Only Have a One Year Hong Kong Working Holiday Visa?

Posted by / in Special Programmes, Your Question Answered / 2 responses

I just love the easy Hong Kong immigration questions – gives me a break from thinking too hard!

QUESTION

Hi there!

I’m Australian and I have an approved Working Holiday Visa, but am wondering if I can work full-time (albeit for a max of 3 months per employer), or whether only part-time hours are allowed?

Also I have received an approval for the visa from the Immigration Department and have to leave Hong Kong for it to be validated…can I just leave for a day?

Is the purpose just for my passport to be stamped at Immigration on re-entry to Hong Kong Airport?

Many thanks for your help! 

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Fresh graduates, working holiday visas & the chances of a Hong Kong employment visa subsequently

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Eligibility criteria for the Hong Kong working holiday visa scheme

I want to live in Hong Kong with my boyfriend – is the working holiday visa option a good idea?

The Visa Geeza on RTHK Radio 3 – August 2013

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27

Sep 2019

I Want to Change Jobs With a Significant Reduction in My Base Salary – How Will this Impact on My Hong Kong Employment Visa Change of Sponsorship Application?

Posted by / in Employment Visas, Your Question Answered / 5 responses

QUESTION

I currently hold a Hong Kong employment visa with a company where I am receiving a monthly salary of HK$50,000 (fixed salary, no bonuses), and have been working with this company for the past 4 years.

My contract, and visa, are due to expire soon so I am in the process of looking for a new job.

I’ve received an offer from a company where my base salary would be substantially lower at HK$20,000 but bonuses in the form of royalties from products sold will be included.

With this arrangement, providing I can perform well, I have the chance to make considerably more than the salary at my old company and therefore I am leaning towards taking this offer.

My question to you is, how will the Hong Kong Immigration Department look at this?

Will the fact that the base salary is much lower be a problem in terms of them granting me a visa to work with the prospective new company?

My job role will be essentially the same between both old and new companies, and it’s a highly specialised job where my specific skills and experience fit perfectly (and its highly unlikely that a suitable candidate would be found among the local workforce).

How would the employment visa application form be filled out so as to best describe this situation?

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What happens if you inadvertently breach your conditions of stay by taking up an unauthorised employment in Hong Kong without first applying for a change of sponsorship?

I will only be working in Hong Kong for 6 weeks so do I really need to get an employment visa?

The perils of contriving a job offer just for the purposes of a Hong kong employment visa application

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