Hong Kong Visas Made Easy

03

Jun 2014

How to Extend a Hong Kong Prolonged Visitor Visa for a Defacto Spouse or Same Sex Partner

Posted by / in Family Visas, Musing, Visitor Visas / 2 responses

I am really grateful to a client of mine whom we assisted in securing a prolonged visitor visa sponsored by his same sex life partner in 2013.

line-of-people

This morning he very kindly sent me the following synopsis of the extension experience he underwent down at Immigration Tower recently, which I am delighted to share:

Extension Process

Stephen,

I updated you on this last fall but as I went through the process once again a month ago and it seems they’ve got their process settled, I thought I’d alert you in case you weren’t aware.

This is for the 6-month discretionary long-term visitor visa extension for same sex partners.

This time I prepared it all, they didn’t tell me anything was unnecessary so I’ll do the same next time.

I took – 

1. ID91

2. ID481A

3. ID481B

4. 1003A (photo not necessary)

5. A detailed sponsor letter specifically denoting financial responsibility.

6. A letter stating no interest in working or education schemes.

7. Passport & Copy of the ID pages

8. Sponsor Passport & HK ID card & copies

The procedure is thus-

A. Go to Floor 5, Window 2 (the long line).

B. Present the package and get a call number.

C. When the number is called proceed to the designated window and answer any questions the officer may have and fill in additional information on the forms that you may have missed (I did).

D. When done you’ll be directed to the other side of the floor to await the visa, this time they will call you by name so you have to pay attention. The first time the wait was approximately 15 minutes, this last time it was well over an hour.

They seem to have been schooled in how to deal with these applications as both the appointment window and the officer handling the forms were unfazed by the process.  

Because I initially went to the wrong line (window 1) and was eventually redirected to the now enormous line for window 2 the whole process took nearly 4 hours to complete.

If I had not wasted my time on line 1 and subsequent discussions resisting being shuffled to line 2 (I was fairly sure it would turn out to be wrong) I probably would have been out of there in less than 2 hours.

More Stuff You May Find Useful or Interesting

Can you actually submit a Hong Kong same sex partner visa application via the extension of stay procedure these days?

10 Must Have resources for a successful same sex partner visa application

Hong Kong employment and same sex partner visas – a joint application strategy

How important are photographs when documenting relationship bona fides in a same sex partner visa application for Hong Kong?

How does legal marriage or a civil partnership impact on the visa application situation for same sex partners seeking to live and work in Hong Kong?

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01

Jun 2014

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28

May 2014

Investment Visas, the Catch 22, Multi-Level Marketing & What the Hong Kong Immigration Department Do Instead of Saying NO!

Posted by / in Investment Visas, Musing / No responses

This is another snippet from the ‘teaching the lawyers‘ presentation I gave in March this year and organised by Profectional, the CPD programme folks…

The first part of the presentation covers the essential elements of the Hong Kong business investment visa approvability test, but I cover off the Catch 22 between 2.17 and 7.16 and then cite a case example of what ImmD tend to do when they feel they can’t say yes nor can’t say no to an investment visa applicant (in this case, a multi-level marketeer) starting from 16.10.

More Stuff You May Find Useful or Interesting

CPD Course: Business Immigration to Hong Kong – A Practical Guide (March 21, 2014)

Teaching the Lawyers: Business Immigration to Hong Kong : A Practical Guide – course materials for your use

From eel farms to chicken sexing – all in a day’s work for the Hong Kong Visa Geeza!

What visa options exist where a couple have met on-line & they wish to live together in Hong Kong?

Can the company you have just left contact immigration & make your visa expire immediately?

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24

May 2014

QOTW: How Easy (or Hard) Is It to Swap From a Hong Kong Working Holiday Visa to a Full Employment Visa?

Posted by / in Employment Visas, Special Programmes, Your Question Answered / No responses

The working holiday visa and the Hong Kong employment visa are 2 completely different animals…

QUESTION  OF  THE  WEEK

I’m an Australian citizen in Hong Kong, working under a working holiday visa which only permits me to work 3 months per employer.

Is the only way around this to be sponsored by my employer or can I transfer to another visa?

I presume it’s quite expensive and tricky to be sponsored by a company – is that true?

Thanks in advance for your help! 

More Stuff  You May Find Useful or Interesting

From eel farms to chicken sexing – all in a day’s work for the Hong Kong visa geeza!

Why internet forums are a cr@p source of Hong Kong visa & immigration advice

Hong Kong working visas – is it possible to build a new business here relying solely on highly specialist foreign national skills and talent?

10 Must-Have resources for any Hong Kong investment visa application

The industry secret most Hong Kong immigration consultants don’t want you to discover

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23

May 2014

InvestHK Israel Roadshow Comes to End With Some Amazing Israeli Tech Businesses On Their Way to Hong Kong

Posted by / in Investment Visas, Musing / No responses

The InvestHK Israel Roadshow came to an end yesterday…

InvestHK Israel Roadshow Delegation Group

I have just had the most amazing 5 days in Tel Aviv and Jerusalem meeting with dozens of Israeli tech companies each with an eye on coming to set up in here Hong Kong.

The depth of tech prowess from young Israelis, most of which is fostered during their time spent serving in the nation’s military, is truly breathtaking.

The problem for Israel is that their adjacent markets are largely non-existent so they are forced to trade in Europe, North America and, of course, Asia.

This is where Hong Kong comes in.

InvestHK have done an amazing job promoting Hong Kong this week. We should be proud of them.

There is a great piece on the Roadshow written over at jns.org if you’d like to read more about what we got up to.

I’m off to Rome for the weekend now. Back in Hong Kong next week.

More Stuff You May Find Useful or Interesting

The Visa Geeza on RTHK Radio Three – May 2014

How important is the support of InvestHK in your Hong Kong investment visa application?

Do you have a business plan template I can use for my Hong Kong investment visa application?

Statistically, what are the chances of your Hong Kong investment visa application being approved?

InvestHK Israel Roadshow – the Hong Kong Visa Geeza does it tough!

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23

May 2014

Why I Hate the Hong Kong Quality Migrant Admission Scheme (& You Should Too)

Posted by / in Musing, Special Programmes / 116 responses

The Quality Migrant Admission Scheme sucks.

It really does.

Granted, for those fortunate souls who go on to finagle a QMAS result out of the Director of Immigration, the programme is a complete godsend.

And all power to them.

If it gets them a visa to make a contribution to our fine city, that’s all well and good by me.

More happy customers.

I am, after all, in the business of getting people visas to live, work and start businesses in Hong Kong – which is exactly what the Quality Migrant Admission Scheme was set up to do.

Every six months or so, I am the first to shout “Hallelujah” from the top of Immigration Tower as the balls pop out of the lotto machine (oops, I mean when the Selection Exercise results are announced) conferring this hallowed visa status on the lucky few making the cut.

But for me, QMAS is just a nightmare.

Why?

What The Hell Are They Looking For?

The QMAS programme is different from the General Employment Policy in so much as the HKID have put out a set of Guidelines on how to go about preparing, submitting and managing this particular type of visa application.

Whilst this in of itself is a positive step forward, there really is no indication as to what the HKID are actually looking for from applicants other than the barely defined ‘quality talent’.

The closest the Department come to letting on who actually might get approved for a QMAS visa is to intimate that if you have won a Nobel prize, represented your country in the Olympics or are a world famous musician, you’ll likely receive the maximum number of points, win a ‘home run’ and therefore be ‘positively considered’.

Hardly applicable to the run-of-the-mill applicant.

So what are we supposed to glean from this?

The problem is that satisfying the  basic “Must Meet” criteria hardly presents a major obstacle if you are a reasonably well educated professional with a few years of employment experience under your belt.

Assuming you get the minimum number of points (80 out of 165 – and most applicants do), the application process is set up to then let you state your case through the submission of documents and no more than one page of supporting representations.

Consequently, the generalities of the Guidelines and the format the application process takes all but reduces the application experience to filling in the forms and hoping that you’re going to pass muster.

In designing the QMAS this way, the HKID have misunderstood the psychology of participants considering the programme.

Making a commitment to a new life in Hong Kong involves a requirement of at least some certainty of visa approval.

Of course, it doesn’t matter how onerous the requirements for approval are, so long as you know that if you tick all the boxes your probability of being successful can reasonably be ascertained, this is often enough to decide to make the emotional investment in an application.

Starting a new life in a different country is a decision not taken lightly.

Under the QMAS programme, though, you get to know which boxes to tick to get into the game but after that, you’re in a black box.

The system sets people up for uncertainty, disappointment and frustration.

No Idea Who You’re Competing Against

Once you have gotten past first base and you’re in the selection pool, you have absolutely no idea who you’re competing against. Period.

Imagine that!

If the HKID told you that, so long as you are able to finish in the first 100 of the Kowloon Marathon, they would grant you a visa to take up residence in Hong Kong without conditions – you’d think that was a pretty attractive offer wouldn’t you?

Essentially you’d have to get into reasonable shape, train for a few months and then go for it.

But of course, before you embarked on such an exercise, wouldn’t you want to know who you were competing against?

It’s only rational to want to know  the odds of success before you get stuck in to such a challenge.

If the Immigration Department don’t tell you who you’re up against you have no way to assess the chances of getting a result worthy of the investment of endeavour in the first place, right?

Well, under QMAS, this is what you face.

Whilst you don’t have to run a marathon for a QMAS visa  (far from it in fact), you still have no chance of knowing who you’re competing against because of the way the system has been designed.

So it effectively reduces the programme to a lottery.

Most self-respecting ‘talents’ have a lot to give up in their home country to come to Hong Kong so why would you run the crap shoot of the QMAS programme when there’s almost zero visibility on the chances of a positive outcome?

Impossible to Learn What Works and What Doesn’t

I have a client. A real pro.

Before he came to us, he had followed in the footsteps of his colleague, a similar pro, who had successfully secured a QMAS approval 12 months prior.

Our client, quite reasonably, assumed that if his colleague with exactly the same professional profile as him had passed muster under QMAS, then he would too.

So he made an application.

Seven months later, he was refused. Go figure?

He did. And learned nothing.

He came to us wondering about his options now (as it happens we got him another type of visa so his life plan for Hong Kong is being played out).

But how the hell were we supposed to advise him about a re-application for QMAS in those circumstances?

Were we supposed to tweak the submission he had made, wait for another 6-7 months and then hope it all would come good in the end?

This guy is very smart. He didn’t put a foot wrong in his application. We had nothing to offer him on the QMAS side.

The most insightful response he got from the HKID was perhaps if he tried again citing another industry sector his application would be put before a different set of assessors on the Selection Committee.

Possibly a different outcome? Another half year of waiting and hoping?

Surely, quality talents deserve better than this.

The Lack of a Proper Application Fee Encourages All-Comers

With the advent of QMAS and the manifest lack of an application fee, the programme attracts all-comers.

Nothing wrong with that if you attract the right sort of applicant.

But, from the email I receive, I can assure you, there’s a lot of  ‘anti-talents’ out there.

Just look at this email I received out of the blue just yesterday.

Click Image to Enlarge

This is not to chide the poor soul for not gluing his photo on the application form firmly enough.

It’s a fair mistake.

However, the way he emailed me intimating his problem is something that I should be associated with really does beg the question if he is actually smart enough for the programme?

And there lies the rub.

It’s quite typical of the unsolicited email I receive in respect of  QMAS.

To participate in a similar residence-for-talent immigration programme in Canada, Australia, New Zealand, the US or the UK invariably costs a decent wedge in official application fees.

However, in Hong Kong the only formal expense involved is the cost of the visa label issued AFTER approval (currently HKD160 per passport).

In Australia you wont get much change back from a HKD50,000 note by the time the authorities are ready to put your visa label in your passport (win or lose).

So it means that literally thousands of applicants line themselves up for the QMAS programme, extending the case consideration times and muddying the competitive waters when a large number of them are intrinsically never likely to ever get approved.

They have nothing to lose and not one iota of skin in the game.

The irony is that, to go on to get an approval you need to show that you have the funds to support yourself for the first 12 months after your new QMAS visa is issued.

Why not, then, make it complusory to accompany a QMAS application with a refundable deposit of, say, HKD100,000, returned to an applicant when their application result is notified (win or lose)?

At a stroke, this would improve the quality pool and perhaps lead to a better application experience.

But it wouldn’t remedy the other problems I have outlined.

Quick Make Another Selection

With other visa types, case experience allows an immigration consultant to offer up an expectation of approvability with at least a measure of certainty to the client to enable his planning.

Most other visa types take a lot less longer to process and, 9 times out of 10, by the time we have gone through the list of immigration options open to an aspiring resident of the HKSAR, the QMAS is invariably not up for detailed consideration.

It’s just too uncertain and takes too damn long.

More Stuff You Might Find Interesting

Realistically, what’s the minimum number of points for a shot at a QMAS approval?

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

How and why Hong Kong seeks to attract foreign national talent

The 10 key reasons why foreigners seek visas to live and work in the HKSAR

Can you expect the Hong Kong Immigration Department to be flexible in a work visa application if you expect to qualify for the right of abode a few short weeks later?

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18

May 2014

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