Hong Kong Visas Made Easy

Is It Possible For An SME To Sponsor An Employment Visa For A Foreign National Employee In Hong Kong?

Posted by The Visa Geeza / in Employment Visas, Hadley Says… / 2 responses

Even if your business is relatively small, it is not totally impossible for you to serve as an immigration sponsor for a foreign national staff who you might wish to take up employment for you here in the HKSAR.

In these circumstances, not only must the visa applicant him or herself pass the approvability test of possessing special skills knowledge or experience of value to and not readily available in Hong Kong…

But your business must also demonstrate that you are justified in engaging the services of this applicant and you might also have to show that the skills involved can not readily be found within the local workforce.

Additionally, as this will be the first time your company has sought to sponsor such a foreigner to work for you in Hong Kong, the Immigration Department will expressly drill down on and request you to provide information on such things as:

–          Your financial turnover and profitability.

–          The local employees who work for you, their job titles and what they get paid.

–          Who your clients are and what your business is really all about, and

–          Your office accommodation arrangements

Moreover, if your company is less than 2 years old, the Hong Kong ID will also require specific information and representations to prove to them that your business will be able to, in not yet in fact, make a substantial contribution to the economy of Hong Kong.

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QOTW: What Do ImmD Make Of Getting Married Here When Applying For A Hong Kong Dependant Visa?

Posted by The Visa Geeza / in Family Visas, Your Question Answered / 2 responses

Does a simple trip to ‘city hall’ solve all your Hong Kong dependant visa problems?

QUESTION  OF  THE  WEEK

I am American. I have just accepted a role in Hong Kong.

My employer is about to begin my visa paperwork to sponsor me for an employment visa.

However, my girlfriend is Australian and I want her to come with me and ideally also be able to work.

We are both 30 almost 31.

One option is a shot gun marriage here in the US.

However, I was wondering what the policy is on her coming to Hong Kong on a tourist/holiday visa and once in Hong Kong with me us getting married there?

Is that possible and if so once it has been performed can I get her added onto my visa as a spouse easily enough?

Any advice is greatly received.

ANSWER

The clear and obvious answer to this question is no; of course, you should never get married for these purposes. However, sometimes circumstances prevail where there is a genuine life partner relationship between a loving couple who are planning to get married in any event. But because of changes in the career fortunes of one of them, they find themselves in Hong Kong with the possibility of being separated due to their then single status, even though they are clearly committed to each other as life partners.

In this instance, you can find yourself in Hong Kong and determine that the situation you are in—resulting from separation—may be too much to bear. This can encourage you to bring forward the plans you already had regarding your marriage.

Clearly, as part of satisfying the Immigration Department’s requirement for your relationship to be deemed genuine, this will all make perfect sense if supported by the correct documentation that speaks to the nature of your relationship in those circumstances. So, while you might desire for this to be a shotgun wedding, this isn’t the case at all. It would simply be a matter of bringing forward plans you had initially.

In that respect, you would be deemed a genuine couple, even though you have found yourself in Hong Kong in a situation that prompted you to advance your nuptials. Once you’re married, it becomes a simple matter of taking your application bundle to the Immigration Department and seeking permission for your spouse to remain in Hong Kong as your dependent under your sponsorship. At that time, the Immigration Department will assess the genuine nature of your relationship. If you can demonstrate that you can provide a roof over her head and food on her table, the Immigration Department will usually grant a dependent visa for one year in the first instance. After that first year is up, she will be granted the same limit to stay that you would have as her employment visa-holding sponsor.

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More Stuff You May Find Useful Or Interesting

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?

How Can An Overseas Company Temporarily Sponsor Employment Visa Permissions For Hong Kong?

How Onerous Is The Sponsorship Role In A Hong Kong Investment Visa Application?

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

How To Get A Hong Kong Employment Visa Automatically With No Questions Asked!

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).

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How Considered Advance Planning Might Save A Doomed Right Of Abode Application & Spare The Loss Of Several Years Continuous Ordinary Residence In Hong Kong

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

This post explains how strategic advance planning can rescue a troubled Right of Abode application and preserve years of continuous ordinary residence in Hong Kong

First Published On December 9, 2013, still of interest today

It happens a lot more often that you might imagine – inadvertent loss of ‘ordinary residence‘ setting back your application for permanent residence here in Hong Kong.

QUESTION

My wife and I came to Hong Kong to work in 2006. However she went to business school in Europe in 2009, sponsored by her Hong Kong employer.

So from her immigration record, the ordinary residence discontinued for the period of November 2009 to September 2010.

But throughout the past 7 years I myself have remained in Hong Kong and all our savings as well as properties are here and I recently got my own permanent ID (but my wife got refused).

My questions are:

(1) should my wife apply in-person again for a formal determination?  

(2) if her application gets refused again and if she quits her job to take care of kids at home, can she still have a HKID and continue the 7 year accumulation?

Thank you.

My Follow Up Questions

In this time (November 2009 – September 2010) did your wife:

(A) hold a residence visa in Hong Kong?

(B) have documentation from her employer showing that the time in Europe was only temporary and that her Hong Kong employment contract subsisted – even though she was not getting paid – and that she was expected to return to her job here immediately upon graduation?

(C) did she in fact return to that job in Hong Kong immediately upon graduation?

Follow Up Answers

A.  No. She came back a few times but on tourist visas

B. Yes. There is a letter from her employer stating explicitly that during 2009-10 she attended a company sponsored BSchool program in Europe during which period she was still considered an employee of the company.

C. Yes.

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More Stuff You May Find Useful or Interesting

How do lengthy employment secondments away from Hong Kong impact on continuity of ordinary residence for a right of abode application after 7 years?

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

Can a newly qualified foreign national permanent resident of Hong Kong automatically secure the right of abode for his parents too?

How to apply for the right of abode in Hong Kong without any professional help – documents required

Am I compelled to apply for the right of abode after 7 years or can I maintain the status quoe of my current employment visa?

PODCAST ANSWER

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I Was Convicted Of A Crime And Removed From Hong Kong – How Do My Visa Options Look Now?

Posted by The Visa Geeza / in Employment Visas, Refusals & Appeals, Visitor Visas, Your Question Answered / 21 responses

This post deals with the available visa options after being convicted and removed from Hong Kong

Life in Hong Kong can throw up many challenges, none too much greater than the following:

QUESTION

Hello, and thank you for the opportunity to ask my question! I have questions, but I will frame my situation first.

In June of this year, I made a big mistake and got in an altercation with another woman and ended up hurting her. In September, I was convicted of the crime of Wounding and sentenced to a prison term of 14 days in Hong Kong.

I had been working in Hong Kong for 2 years.

Prior to the conviction, I stopped working and remained in Hong Kong on a Visitor Visa while awaiting trial. My Visitor Visa was set to expire before the trial so I visited Immigration and requested an extension of 90 days. My extension was not granted and I was told to come back to Immigration following my court case. As I stated earlier I was then sentenced to a prison term, so I was unable to come to Immigration and my Visitor Visa expired whilst I was incarcerated.

Consequently, following the completion of my sentence, I was transferred to the Castle Peak Bay Immigration Centre and made subject to a removal order. I chose the option of voluntary repatriation and took a flight home to New Zealand three days later.

Prior to departure, my HKID card was confiscated by the Immigration Department. I asked my case officer at Immigration (and several other officers), as well as the Enquiry section on the Immigration website, and they all gave me the same response about my potential to return to Hong Kong on either a Visitor Visa or Employment Visa: “Please be rest assured that the entry of every visitor to the Hong Kong Special Administrative Region would be considered fairly and reasonably in accordance with the law”.

 Question #1

I am now in New Zealand, but I would like to return to Hong Kong in January 2013. I would like to return on a tourist visa and take care of many responsibilities and possessions I have left in Hong Kong. I just fear arriving in Hong Kong, being detained at the border and then being sent back to New Zealand.

Question #2

I have a job offer in Hong Kong and I would like to accept it. However, I also don’t know how Immigration is going to view my employment visa application. It would be embarrassing and damaging to accept the job offer and then have my employment visa rejected. Also, would Immigration inform my potential employer of the reason for the employment visa rejection?

Thank you very much for your time!

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More Stuff To May Find Useful Or Interesting

My Girlfriend Is In Detention Prior To Removal – If I Marry Her Will She Be Able To Get A Depedant Visa For Hong Kong?

Mike Tyson – His Criminal Record And Hong Kong Visa And Immigration History

The Hong Kong Immigration Department Are Out To Deny – Not Approve – Visa Applications (Aren’t They?)

Will A Criminal Record Impact On Your Application For A Hong Kong Residence Visa?

The 5 Key Factors Which Impact On Your Eligibility For A Hong Kong Employment Visa

PODCAST ANSWER

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Is Cancelling A Hong Kong Visa Application Possible And, If So, How Do You Go About Doing It?

Posted by The Visa Geeza / in Employment Visas, Family Visas, Hadley Says…, Investment Visas, Long Stay & PR, Refusals & Appeals, Special Programmes, Visitor Visas / 6 responses

It happens occasionally that cancelling a Hong Kong visa application might become a necessary course of action.

This post helps you undrstand the process and implications of cancelling a Hong Kong visa application.

For various reasons, an application for a Hong Kong visa, whether it be for tourism, business, employment, or any other type, may have to be cancelled midway through the entire process, which can sometimes be complicated.

So, the pertinent question arises: how does one go about the process of cancelling a Hong Kong visa application effectively and efficiently?

The answer to this query is quite straightforward and can be easily followed. If you find yourself in a position where cancelling your Hong Kong visa application is the only option, you simply need to draft a letter to the Hong Kong Immigration Department. In this correspondence, it is important to include your complete name, your passport number or Hong Kong ID card number, as well as the file reference for your visa application. This file reference, crucial for identification purposes, is something you would have received when you initially submitted your application or shortly thereafter.

Interestingly, there is no requirement for you to explain or justify your reasons for deciding to withdraw or cancel your Hong Kong visa application. The Immigration authorities only require that you state your intention clearly—that you no longer wish to pursue the visa application at hand.

After you have submitted your withdrawal request, which involves cancelling a Hong Kong visa application, you should wait for about two to three weeks. During this time, you will likely receive a formal letter back from the Hong Kong Immigration Department. This letter will typically confirm the receipt of your request to cancel your Hong Kong visa application and will also include an advisory note stating that your application has indeed been marked as cancelled in their records.

Overall, the process of cancelling a Hong Kong visa application is designed to be straightforward, ensuring that applicants can easily navigate these circumstances should they arise. Following these simple steps means that cancelling your Hong Kong visa application can be done with relative ease and peace of mind.

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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.

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