Hong Kong Visas Made Easy

21

Jan 2015

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20

Jan 2015

2015 Immigration Enhancement Measures Applicable to the Hong Kong Entrepreneur Visa (Business Investment Visa)

Posted by / in Investment Visas, Musing, VG Front Page / 9 responses

The Hong Kong Entrepreneur Visa and the Startup visa comes into being (of sorts).

In his recent Policy Address, the Chief Executive of the HKSAR, CY Leung announced the 2015 Hong Kong Immigration Enhancement Measures to the business investment visa essentially splitting it into 2 streams – the Hong Kong Entrepreneur visa and also the Startup visa.

This short Update offers commentary on these changes.

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19

Jan 2015

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17

Jan 2015

Hong Kong Immigration Policy Changes 2015 – Security Bureau Report to Legco – Rationale for the New Measures

Posted by / in Musing, VG Front Page / 4 responses

More information on the Hong Kong Immigration Policy Changes 2015  front is starting to emerge.

New Measures

LEGCO PAPER  LC Paper No. CB(2)654/14-15(05) c  elaborates on the Security Bureau’s initiatives in the 2015 Policy Address and Policy Agenda.

The Annex is especially helpful on the rationale for the changes being introduced and I’m starting to get the sense that it’s going to be hereafter business as usual down at Immigration Tower after all.

By this I mean these changes are going to have the right effect in not needing to worry about limits of stay and providing some transparency into what will suffice for an entrepreneur or Startup business investment visa approval.

But ImmD are looking for talent and smart business investors bringing new technologies and skills. The detail in the story is going to be very important and your documentation and argument will have to be of the highest order.

ImmD want the attract the best and you will for sure have to earn your approval. If you’re worthy of it, it will undoubtedly be yours, but you will have to go about it in fully focused way.

Heck, Startups who can finagle a way into one of the government backed incubator programmes such as InvestHK’s StartmeupHK and Cyberport’s Incubation Programme are essentially home and hosed even if they have glaring shortcomings as business investors under the Entrepreneur stream (as newly defined).

This is the first time I’ve seen ImmD (in a sense) outsource their ‘entrepreneur’ due diligence to sister organisations and to me is a clear signal that the times they-are-a-changing.

It’s exciting times in Hong Kong visa and immigration land at the moment and it’s keeping us all on our toes!

More updates and commentary coming soon.

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16

Jan 2015

Hong Kong Immigration Policy Changes – Enhancement Measures to Make Things a Bit Easier

Posted by / in Employment Visas, Investment Visas, Musing, Special Programmes, VG Front Page / No responses

Now that the dust has settled on the news of the suspension of the Capital Investment Entrant Scheme as at yesterday, it’s now worth having a look at additional Hong Kong immigration policy changes which await us and serve to lay the foundation for the next phase in Hong Kong’s economic development.

policy chnages

The Immigration Department have already released some Sherpa-Information as to how these policy changes will be implemented. These can be found here

Essentially, the current programmes are to be subjected to Enhancement Measures to make things a bit easier all told. A lot of these changes to my mind make it easier for ImmD to do their own job never mind for the applicant – and why not!

My Take

1 – ImmD are going to lighten up on the approval criteria for approval seeking to bring in the brightest and best. Given that the privileges associated with residence in Hong Kong are so great, I expect the personal criteria for approval will be made easier but the onus on the applicant to prove they are among the brightest and the best will be made more burdensome. In short visas for people previously excluded more likely available but harder work where marginal documentation / evidence available. Moreover, if you have earnings of more than HKD2 million per year you are going to get a 6 year limit of stay after your first visa or otherwise a 2 + 3 + 3 year visa. If you earn more than HKD2 million each year, you don’t have to get the permission of the Immigration Department to change employers; you just have to write and notify them.

2 – The Quality Migrant Admission Scheme is going to be a greater source of candidates for foreigners to take up residence in Hong Kong with more points going to graduates of a Top 100 education institute globally. Whether the system of implementing  QMAS changes or not remains to be seen. If it is still a black box with a 12-18 month application consideration time frame then it’s not going to be much use to the average applicant.

3 – ImmD are likely going to introduce an Occupations in Demand list where an individual who clearly has the skills, knowledge, qualifications and experience in a particular occupation or professional will secure an IANG type visa upon application.

4 – More transparency on what it takes to get a business investment visa approved. ImmD are not going to just give visas away but the likelihood of a successful outcome is definitely enhanced if you have an understanding of what it takes to get approved! Expect, however, that the money requirement for approval might become more onerous for marginal applicants. If you can get yourself enrolled on an incubator type programme with InvestHK, Cyberport, Incu-App, Incu-Bio and Incu-Tech programmes administered by the Hong Kong Science and Technology Parks Corporation; the  Enterprise Support Scheme or the Design Incubation Programme administered by the Hong Kong Design Centre then your chances of approval are significantly enhanced. The limit of stay will also change from 1-2-2-3 to a 2-3-3 pattern. ImmD have laid out enhancement measures for Startups but haven’t defined exactly what they mean by this.

5 – Looks like there will be a new class of visa for descendants of permanent residents. Actually, at the moment, such persons are very often in with a chance for right of abode or right to land  in their own right – but this route to legal residence can often be time consuming and clunky to process. So any such pilot scheme is to be warmly welcomed.

I’ve been practicing Hong Kong immigration for the last 21 years. I’ve seen policy changes come and go, Schemes introduced then scrapped, mistakes made then rectified.

The recently announced changes are all good news and should fit squarely within the dynamics of the connection economy. Remember, though, no government gives away residence status willy-nilly and Hong Kong is no different.

You still have to apply for these visas and qualify for them nonetheless. But now, certain worthy individuals previously locked out of Hong Kong residence are now going to qualify after all.

But we still need to wait and see how the new policy changes are implemented on the ground and I will be reporting on an ongoing basis our experience as we encounter it, revising the Hong Kong Visa Handbook continuously to keep you all abreast of these recently announced Hong Kong immigration policy changes on an ongoing basis.

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14

Jan 2015

Capital Investment Entrant Scheme Suspended – Business Investment Visa Gets a Boost!

Posted by / in Investment Visas, Musing, Uncategorized / 2 responses

CY Leung in his policy address today announced the suspension of the Capital Investment Entrant Scheme (“CIES” visa) with effect from tomorrow.

Current applications are not affected. No new applications will be entertained until further notice.

CIES

It appears that the government has determined, finally, to focus specific attention on attracting business to Hong Kong, not capital (did we ever really need it after all?)

To my mind, all the CIES did was fuel the real estate bubble. Even after real property was removed from the list of permissible investment asset classes, mainlanders mostly took advantage of the Scheme and they all bought properties in Hong Kong nonetheless.

This change in the rules will also affect the Gambia / Vanuatu third country PR-for-purchase  market (which mainlanders had to acquire  @ c.HKD100,000 a pop in order to qualify).

This legal fiction was well passed its sell by date and to be honest made a mockery of the rationale of the Scheme. For sure, allowing people to contribute capital for investment is a bloody good idea; we still need such a programme (in my view). Next time out though, the rules should be improved upon.

But for now: Capital Investment Entrant Scheme Suspended

The good news in all of this really though is the government’s increased focus on business investment. New technology, creation of jobs, the connection economy realised (hopefully!) I await news on this with bated breath.

It seems business immigration policy is changing for the good!

Fingers crossed!

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13

Jan 2015

How to Apply For a Hong Kong Investment Visa Without Paying for Professional Help – 7 – The Visa Itself

Posted by / in Investment Visas, Musing / 1 response

I have given this talk around town for the last couple of years now and so pleased to finally add it to our coverage of the Hong Kong investment visa, specifically discussing how the Hong Kong Immigration Department look at applicants and where the focus of theHong Kong investment visa application consideration exercise falls.

The talk was graciously hosted at WYND Co-working Space, ran by a group of great people for whom I have a great deal of time.

The Complete Talk in Logical Segments

1 – Introduction

2 – Policy

3 – Visa Problem?

4 – Mainlanders

5 – Visitors

6 – Work Visa?

7 – Investment Visa?

8 – Approvability Test

9 – Cash Needed

10 – Catch 22

11 – Loved Ones

12 – Visa Refused?

13 – Trying Again

14 – D-I-Y

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STOP PRESS! Hitler’s HKSAR passport application has been rejected!

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