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).
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
In actual fact, your employment visapermissions 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.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
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!
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
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:
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.
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.
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.
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.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
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 securedependent visaswhich 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 visain 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 capitalwhich 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.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
A New Way to Quickly & Very Cost-Effectively Secure Sierra Leone Permanent Residency And Citizenship
INTERVIEW
How to Design a Residency by Investment Program from Scratch: The Case of Sierra Leone
Jason Black (JB) the press representative of Hong Kong Visa Centre, interviews Stephen Barnes, a leading figure in the immigration sector in the HKSAR with over three decades of experience. Known as the “Hong Kong Visa Geeza,” Barnes shares his insights into the innovative GO-FOR-GOLDResidency and Citizenship by Investment Program, which he helped develop for Sierra Leone. This in-depth discussion explores the program’s inception, structure, and transformative potential for Sierra Leone’s economy and global appeal.
JB: Could you provide an overview of your background and experience in the immigration sector?
Stephen Barnes: My journey in the immigration field spans over 30 years. After graduating from law school in 1993, I launched my career as a Hong Kong immigration consultant, earning the nickname “Hong Kong Visa Geeza” for my innovative approach to navigating immigration complexities. Inspired by Seth Godin’s “Purple Cow” philosophy, my focus has been on creating standout immigration services.
This ethos underpins the GO-FOR-GOLD program, which embodies innovation and utility, balancing the needs of investors and government administrators alike.
Origins of the GO-FOR-GOLD Initiative
JB: How did the opportunity to develop a permanent residency and citizenship program for Sierra Leone arise?
Stephen Barnes: The collaboration was rooted in long-standing relationships with West African legal professionals, dating back to 2012 during Hong Kong’s Capital Investment Entrant Scheme. These connections introduced us to Sierra Leone, which sought a unique Residency by Investment (RBI) program aligned with its economic vision.
President Julius Maada Bio’s aspiration to position Sierra Leone as a regional trailblazer played a pivotal role. His vision encompassed leveraging natural resources to attract investment, diversify the economy, and solidify the nation’s reputation as a progressive and secure jurisdiction. Sierra Leone’s story – a thriving democracy with English as its lingua franca, a robust banking system, and significant human and natural resources -was compelling. However, to attract investment, the country needed an innovative, investor-friendly program that could reflect these qualities.
Program Structure: Residency and Citizenship Pathways
JB: The GO-FOR-GOLD program is quite distinctive. Could you outline its structure?
Stephen Barnes:GO-FOR-GOLD offers a blend of permanent residency (PR) and citizenship opportunities linked to Sierra Leone’s abundant gold reserves. Launched in December 2024, the program allows investors to secure lifetime residency rights by purchasing physical gold, stored securely in government vaults for five years.
Permanent Residency:
Single Applicant:$65,000 + 1 kilogram of gold.
Nuclear Family (up to 4 members):$75,000 + 1 kilogram of gold.
Extended Family (up to 8 members):$100,000 + 2 kilograms of gold.
Residency approval is granted within 40 days, providing swift access to Sierra Leone’s opportunities.
Citizenship Options:
Heritage Naturalization: Designed for individuals of African descent reconnecting with their roots, this pathway costs $100,000, plus $10,000 per additional family member. Approval is typically granted within 60 days.
Fast-Track Naturalization: This expedited option costs $140,000, plus $10,000 per additional family member. The process is completed in 90 days, offering rapid access to citizenship and its associated benefits.
Both options include integration into ECOWAS, granting mobility across 15 nations and access to regional trade and investment opportunities.
Key Design Considerations
JB: What factors influenced the program’s design?
Stephen Barnes: The program’s success stems from meticulous planning:
Legal Framework: Sierra Leone’s Chief Immigration Officer holds discretionary powers to grant residency, which we utilized while ensuring compliance with constitutional and regulatory standards.
Economic Synergy: By tying residency to gold investments, the program supports Sierra Leone’s mining sector and offers investors a secure, tangible asset aligned with LBMA standards.
Accessibility: Remote application processes and streamlined approvals within 40 days enhance the program’s appeal to global investors.
Security: Gold-backed investments and independence from global financial reporting systems provide privacy and stability.
Inclusivity: Extended family packages and pathways to citizenship ensure long-term benefits for multiple generations.
Development Process
JB: What were the initial steps in creating the GO-FOR-GOLD program?
Stephen Barnes: The journey began with a feasibility study covering legal, economic, and social aspects. We engaged with government officials, local stakeholders, and economic experts to align the program’s goals with national priorities. Benchmarking against global RBI/CBI programs informed our innovative approach.
Stakeholder Engagement: Transparent, iterative discussions with officials from immigration, justice, and finance departments were essential. This ensured alignment and trust across all levels of government.
Operational Excellence: We recommended establishing a dedicated administrative unit, integrating advanced technology for application management, and training staff to deliver the program efficiently and securely.
Marketing & Global Appeal
JB: How do you plan to attract investors to the program?
Stephen Barnes: Marketing strategies include participation in global investment forums, partnerships with established Residency & Citizenship By Investment practitioners, and targeted digital campaigns. High-quality content, such as video storytelling, enhances outreach, while the exclusive GFG Club connects investors with local leaders and opportunities in Sierra Leone.
Long-Term Vision
JB: What impact do you foresee for the GO-FOR-GOLD program?
Stephen Barnes: This initiative positions Sierra Leone as a leader in innovative investment migration solutions. By leveraging its natural resources, the program attracts meaningful foreign investment, fosters economic diversification, and enhances regional integration through ECOWAS.
Closing Thoughts
JB: Any advice for other immigration professionals designing similar programs?
Stephen Barnes: Focus on alignment with national priorities, robust legal frameworks, and operational efficiency. Creativity and innovation are essential- each program should offer something unique and impactful. Africa, with its untapped potential, is fertile ground for groundbreaking initiatives.
