Hong Kong Visas Made Easy

07

Mar 2014

How Can Hong Kong Technology Startups Improve Their Chances of Winning Investment Visa Approvals for Their Founders?

Posted by / in 60 Second Snapshot, Employment Visas, Investment Visas / 1 response

So you’re now committed to getting your Startup off the ground here in Hong Kong…

PRACTICE UPDATE: How the content must now be read in light of current ImmD policy:

This article’s examination of the conflict between “Lean Startup” methodology (bootstrapping, remote teams, sweat equity) and ImmD expectations has shifted from a cautionary note to an absolute administrative dividing line. Under the new operational standard, bootstrapped or early-stage tech founders have virtually no chance of qualifying directly under the standard GEP Entrepreneur framework without institutional risk capital and immediate local staff. The article’s recommendations must now clearly position admission into recognized government-backed incubation schemes—specifically Cyberport or HKSTP—as a mandatory prerequisite. These designated incubation programs represent the only viable pathway for early-stage founders to bypass the HKD 1.5M–2.0M liquidity and immediate 2-to-3 local headcount mandates.

When it comes to getting investment visa approvals, the problem with most technology startups is that most of them are boot strapped, most of them are run according to the Lean philosophy – and most of them fail within the first 2 years of their lives.

And the Immigration Department know this.

Consequently foreign national founders of technology startups in Hong Kong need to temper their early entrepreneurial seizure and consider whether their plans for Hong Kong are actually feasible from an immigration perspective.

The immigration test to pass is to show you can make a substantial contribution to the economy of Hong Kong or, as I am fond of saying. how long is a piece of string?

For sure, running Lean is smart and the only sensible way to carry out the pre-revenue activities of your enterprise – and the Immigration Department will not unduly penalize you for this.

But boot strapping will doom your application to failure. This is Hong Kong after all, and money talks in this town.

So when you do decide to take your business investment visa application to the Immigration Department you need to make sure that you have sufficient funding to be able to fast track your implementation plan; you need financing to be able to generate local jobs quicker than you might otherwise have planned for; you need to move past your hip kitchen table business accommodation arrangements.

In essence, you need a ‘visa factor’ in your fund raising document, setting out to prospective investors that your proposed Use of Funds includes an increased sum of available cash to be able to meet the requirements of the Hong Kong Immigration Department in granting your visa.

You may not actually end up spending it all and it could be returned to investors in the case that you do eventually shut up shop – but ImmD need to be satisfied you’ve got the money to succeed – right from the get go.

Plans for future fund raises will not cut the mustard.

Remember, without the permission of the Director of Immigration your venture is essentially an illegal one – so raising the right sum of money will serve to protect your investors and the only sensible thing to do if you wish to live, work and prosper here with the Immigration Department’s blessing.

More Stuff You May Find Useful or Interesting

Why do Hong Kong technology startups mostly struggle to win investment visa approvals for their founders?

Relocating to Hong Kong  for work or business – The Business Investment Visa

How do brand new businesses establish their financial bona fides to be deemed a suitable and credible sponsor for a Hong Kong employment visa?

What will the Immigration Department make of a third party objection to an application for a Hong Kong investment visa?

Can you undertake freelance work or start your own business if you hold a Hong Kong working holiday visa?

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02

Mar 2014

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27

Feb 2014

Do You Need to Spend a Minimum Number of Days Per Year in Hong Kong In Order to Maintain a Capital Investment Entrant Scheme Visa?

Posted by / in Investment Visas, Long Stay & PR, Your Question Answered / No responses

PRACTICE UPDATE 2026

How the Content Must Now Be Read in Light of the New CIES Policy

Our original article addressed a frequent concern for internationally mobile investors: whether maintaining a CIES visa requires spending a mandatory minimum number of days per year in Hong Kong. The short answer remains legally unchanged—there is no statutory minimum day-count requirement to maintain or extend the visa during the holding period.

However, the procedural environment governing this flexibility has been fundamentally upgraded under the New Capital Investment Entrant Scheme rules. While active categories such as the Top Talent Pass Scheme (TTPS) and Investment as Entrepreneur subject entrants to intense scrutiny regarding their local physical presence and operational footprint, New CIES extensions turn entirely upon InvestHK’s continuous portfolio audit rather than passport entry stamps.

As Stephen Barnes, the Hong Kong Visa Geeza, emphasizes in our definitive New CIES Practice Direction:

“Absence from Hong Kong is not a barrier to extending a New CIES visa, provided the HK$30 million portfolio remains intact inside an authorized Permissible Investment Account. Where physical presence does matter is at Year 7: prolonged absences will preclude the Right of Abode under Section 2(4) of the Immigration Ordinance, but the scheme preserves the unique privilege of Unconditional Stay—granting indefinite residency and full portfolio release regardless of how few days were spent in the territory.”

 

Does the rationale of the CIES dictate that you spend a certain amount of time in the HKSAR each year in order not to lose the status?

QUESTION

After grant of  a Capital Investment Entrant Scheme visa, say if you live overseas, how many days/weeks or months/year, will you have to prove you have stayed in Hong Kong, if you do not wish to live in Hong Kong all the time?

More Stuff You May Find Useful or Interesting

Is the Hong Kong Immigration Department website actually fit for purpose?

How to apply for the right of abode in Hong  Kong without any professional help!

The very real value that a Hong Kong CPA adds to the Capital Investment Entrant Scheme process

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

Doing the Hong Kong Capital Investment Entrant Scheme – on the cheap!

PODCAST ANSWER
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20

Feb 2014

The Visa Geeza on RTHK Radio Three – February 2014

Posted by / in Family Visas, Investment Visas, Musing / No responses

Freezing at RTHK today…

freezing at RTHK

Phil kicked us off with a listener question today (thanks Steve!) which raised the spectre of discrimination. We then went on to discuss Start Up businesses and the various initiatives in play assisting the start up scene in Hong Kong.

You can listen to our complete discussion here.

Phil can be found every day here on his Morning Brew Facebook page which I recommend you check out and Like.

More Stuff You Might Find Useful or Interesting

The Visa Geeza Previously on RTHK Radio 3 Morning Brew

Investing cash for residence in Hong Kong

How can  presently unemployed investment bankers reorganise their careers to remain in Hong Kong?

How to apply for a Hong Kong investment visa without any professionals help

Doing the Hong Kong Capital Investment Entrant Scheme on the cheap!

 

Listen To The Show

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16

Feb 2014

QOTW: Do I Really Need an Employment Visa if I Get 6 Months’ Visitor Status Upon Arrival & Intend to Work in Hong Kong for a Maximum of 2 Weeks?

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

Intend to Work in Hong Kong As A Visitor?

Is It Legal – Or Illegal Now The Law Has Changed in Recent Years?

 

 

Intend to work in Hong Kong as a visitor? Is it ever legal to work in Hong Kong – especially on a short term basis – with a Visitor Status – without the permission of the Director of Immigration?

Practice Update 2026 – This content must be read in light of changes to ImmD practice since it was first published

Under Hong Kong immigration law, foreign nationals arriving with long-duration landing permissions routinely mistake generous visa-free limits of stay for open-ended operational freedom. In QOTW: Do I Really Need An Employment Visa If I Get 6 Months’ Visitor Status Upon Arrival & Intend To Work In Hong Kong For A Maximum Of 2 Weeks?, Stephen Barnes, the Hong Kong Visa Geeza, directly tackles the dangerous conflation between the length of an entrant’s visitor permission and their legal authorization to perform work. As Barnes emphasizes:

 

Section 41 of the Immigration Ordinance establishes an absolute, qualitative prohibition: visitors to Hong Kong are strictly barred from taking up paid or unpaid employment, providing substantive professional services, or establishing or joining in any business without the prior consent of the Director of Immigration. The fact that a traveler holds a British Citizen passport conferring a 180-day visitor stay upon arrival, or that an overseas employer handles payroll remotely, is legally irrelevant to the nature of the on-site activity. Delivering two weeks of hands-on advisory services, conducting audits, or performing fee-generating corporate tasks on a visitor landing slip constitutes a criminal breach of conditions of stay.

Stephen Barnes – The Hong Kong Visa Geeza

 

Historically, this regulatory baseline created severe operational friction: securing a conventional short-term employment visa under the General Employment Policy required four to six weeks of document-heavy processing to cover a mere 14-day commercial assignment. To explore how statutory policy has evolved to create structured, lawful relief for short-term specialist inputs without waiving baseline labor protections, Stephen Barnes provides the definitive analysis in Practice Update: The 2026 Immigration Facilitation Scheme – Short-Term Work for Visitors to Hong Kong.

The essential operational reality detailed in the Practice Update is that the regularized and expanded Short-Term Visitor Facilitation Scheme—now covering 18 designated sectors as of 1 October 2026—provides an express statutory carve-out from the visitor work ban, but strictly within accredited institutional frameworks. Under the facilitation arrangements, qualifying international talent and specialists invited by one of roughly 490 government-endorsed host organisations can lawfully undertake specified professional activities—and receive remuneration or expense honorariums where approved—for up to 14 consecutive calendar days per visit without securing a full employment visa under the General Employment Policy. Crucially, as Stephen Barnes highlights across both publications, this statutory concession is not an open permit for private commercial contracting. If an overseas professional’s 14-day engagement is commissioned by an unendorsed private corporation, a commercial advisory client, or an entity outside the designated sectoral definitions, the facilitation scheme cannot be invoked. In such unendorsed private contexts, the statutory baseline remains uncompromising: the individual must secure a formal employment visa prior to undertaking any professional execution. Foreign professionals and inviting enterprises must maintain strict regulatory discipline: regardless of whether an entrant receives 14, 90, or 180 days of visitor stay at boundary control, discrete professional work must either be formally anchored within an accredited host’s endorsement under the 14-day facilitation framework or authorized through standard employment visa channels before work begins in Hong Kong.

QUESTION

I am a UK based one person limited company and have been asked by a major financial services company with a business based in Hong Kong to undertake 10 ~ 15 days consulting work there as a one-off exercise.

I will not be setting up business in Hong Kong and will return to the UK at the end of the visit.

Can I do this work under the visitor visa and do I need anything additional such as a work permit?

 

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More Stuff You May Find Useful or Interesting

Can I come to install equipment in Hong Kong without an employment visa?

How can an overseas company temporarily sponsor an employment visa for Hong Kong?

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

How flexible is the Admission of Mainland Talents & Professionals Scheme in enabling Chinese  nationals to come and live and work in Hong Kong?

Is it ever OK to work in Hong Kong on an Visitor visa?

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10

Feb 2014

If You’re Thinking of Starting Your Own Business in Hong Kong You Won’t Want to Miss This…!

Posted by / in Investment Visas, Your Question Answered / 1 response

PRACTICE UPDATE: How the content must now be read in light of current ImmD policy:

Historically, this promotional and advisory briefing served as an enthusiastic call to action for aspiring foreign entrepreneurs planning to launch a business in Hong Kong. The Geeza pointed founders toward practical roadmaps, structured templates, and pragmatic filing strategies for the Investment as Entrepreneur visa under the General Employment Policy (EP). The core message was one of accessibility, commercial freedom, and bureaucratic enablement: Hong Kong was presented as an open, friction-free jurisdiction eager to welcome foreign initiative. Under the prevailing discretionary regime of that era, an ambitious founder was told that starting up did not require deep institutional backing or massive upfront outlays. An applicant could readily satisfy the statutory “substantial contribution to the economy of the HKSAR” test by deploying modest seed savings of a few hundred thousand dollars, taking a flexible hot desk or serviced office in an incubator-style co-working space, and submitting a well-reasoned business plan outlining a phased commitment to create local jobs over a two- to three-year ramp-up period.

The game has changed from an open invitation to self-starters into an uncompromising, institutional gatekeeper model. Today, anyone “thinking of starting your own business in Hong Kong” on the basis of historical bootstrapping guides is heading straight into an administrative brick wall. Under post-April 2026 administrative practice aligned with TTPS Category A operational substance (~HKD 2.5M enterprise scale), ImmD has completely eliminated discretionary case-by-case leniency and narrative business plans for un-incubated applicants. The statutory “substantial contribution” assessment has been converted into an unyielding empirical compliance audit requiring non-negotiable corporate hardware audited on day one: HKD 1.5M–2.0M in deployed corporate bank liquidity sitting in a local bank account, an executed commercial lease for exclusive physical premises (“four walls”) that strictly disqualifies serviced offices, virtual addresses, and co-working desks entirely, and active Mandatory Provident Fund (MPF) payroll contributions for 2–3 local Hong Kong permanent residents.

Consequently, what a prospective founder “won’t want to miss” today is the harsh reality that the independent, lean startup pathway has been legislated and regulated out of existence. Attempting to launch a boutique agency, solo consultancy, or digital venture on historical DIY assumptions will result in swift and summary refusal. The modern business entry framework forces early-stage entrepreneurs into an institutional monopoly: formal, documented admission into an officially accredited government incubator (such as Cyberport, HKSTP, or the Design Incubation Programme) is the sole surviving statutory mechanism to waive the mandatory capital deployment, dedicated commercial lease, and immediate MPF headcount thresholds. Outside this accredited institutional safe harbor, independent foreign founders must arrive with enterprise-grade capital and immediate corporate infrastructure, or stay home.

Tomorrow night (Tuesday, February 11, 2014)  at the Paperclip HK in Sheung Wan is an event you won’t want to miss if you have ever even remotely thought about starting your own business in Hong Kong.

SIGN UP NOW – BOOKING OUT FAST 

SUG Values

(We are also making our video production studio available to every attendee for one hour, completely free of charge – so attend the event and don’t miss out! See you there!)

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