Hong Kong Visas Made Easy

A Harsh Decision – Why the Hong Kong Immigration Department Will Not Give My Client a Prolonged Visitor Visa

Posted by The Visa Geeza / in Family Visas, Musing, Visitor Visas / 7 responses

I’ve written lots and lots previously about same sex partner visa applications for Hong Kong.

To recap, same sex partners who are in a loving committed life partner relationship and who have cohabited previously prior to their relocation here, can expect that the ‘trailing spouse’ will go on to procure a prolonged visitor visa in order for their joint lives to continue whilst their temporary stay in Hong Kong for work or business plays itself out.

What is not commonly appreciated is that the prolonged visitor visa is also the only immigration status available to unmarried heterosexual couples who find themselves in the same predicament – with a twist.

If the Hong Kong Immigration Department are to be persuaded to make an out of policy ‘positive act of discretion’ in respect of a prolonged visitor visa application for heterosexual partners, then those ‘defacto spouses’ must not only be in a loving committed life partner relationship and who have cohabited previously BUT they must also ‘be free to marry, but choose not to’.

Translated: if you are still legally married to a prior partner but, for any given reason a divorce has not yet been finalised, then you can give up all hope of trying to persuade the HKID to grant a prolonged visitor visa to the trailing partner.

OK – nothing new in this to be honest.

It’s the next part that gets strange.

I have a client who is bringing a very substantial business to Hong Kong (several million US dollar investment). He is also a considerable man of means due to prior business success in several other countries previously too.

For very good reasons he has not yet finalised the divorce from his first wife.

However, he has a ‘new family’ with several small children and this new family have lived together in several countries previously for at least the last 10 years.

Hong Kong is just the most recent of their homes as the business of this client is very international in nature and is very high value.

We can readily secure a business investment visa for him and dependant visas for their children.

But we can’t get her a prolonged visitor visa for the reason given above.

This should not be a problem, as we have a good argument for a prolonged visitor visa on the basis of the fact that she needs to be in Hong Kong to care for their children.

However, much to my surprise (and dismay) the HKID told me today that, due to her nationality (90 day visitor)  and also that this client had previously explained the current state of his divorce proceedings (should take another 12 months to complete) they are not prepared to make a positive act of discretion and grant her a prolonged visitor visa to be in Hong Kong through such a time that the divorce is finalised.

Their logic is that she will receive 90 days as a visitor upon each arrival and that, if the border Officer is appraised of the circumstances of her long term need to be in Hong Kong with their children whilst the activities to create the conditions (i.e. the divorce) empowering an upgrade in her immigration status are ongoing, practically, my clients’ lives shouldn’t be unduly inconvenienced especially if the normal pattern of their lives see them making an exit and an entry from Hong Kong reasonably frequently.

Moreover, we always have the option of making the occasional application for an extension to her visitor visa at Immigration Tower on the basis that their ‘normal’ travel plans as a family see her being in Hong Kong for more than a 90 day stretch.

These factors, to their mind, suggest that an out of policy positive act of discretion is not required.

So, go figure.

I have – and I am going to suggest the Capital Investment Entrant Scheme (HKD10 million investment in certain Hong Kong asset classes) instead.

It’s crazy that the Department are not prepared to play ball in this instance.

They are obviously a family, have dealt with immigration challenges in several countries previously and each time come up with an acceptable outcome.

In this case, Hong Kong comes out looking regressive and bureaucratic, not positive and forward looking.

And it saddens me.

It’s only a visitor visa after all. All they want is to be free of administrative brouhaha.

The irony is that this client could, conceptually, determine to pull his plans for Hong Kong – and with it dozens of very well paid professional jobs for Hong Kong locals.

He doesn’t need to be here.

Singapore is an option.

The  HKID get it right the vast majority of the time. In this instance, they are dead wrong.

More Stuff of Relevance

What Hong Kong visa options exist for unmarried trailing partners?

Is the ‘Shenzhen Shuttle’  a good way to extend your Hong Kong visitor visa?

Blended, unmarried, non traditional family with school age kids – what Hong Kong visa choices exist?

I have an employment visa and want to bring my girlfriend to Hong Kong  so what are our visa options?

Understanding the procedure for a same sex partner visa applicatrion in Hong Kong

Understanding the Procedure for a Hong Kong Same Sex Partner Visa Application

Posted by The Visa Geeza / in Family Visas, Visitor Visas, Your Question Answered / 20 responses

You’d be amazed at the number of queries we get on our website for same sex partner visas and I am grateful to the person who asked me this question as it allows me to clear up any application process confusion.

QUESTION

I am commencing a 2 year secondment in HK with my company in January 2013. My same sex partner won’t be able to join me until April or May 2013, due to his work. He will be arriving on a standard 90 day visitor visa.

I’ve read all of the info on your site and I am so grateful for it – it is certainly much more useful than my company’s in-house immigration / visa specialists!

I have a couple of questions. There seems to be an initial application process for a same sex visa. This involves all of the paperwork, and proving a genuine cohabiting relationship prior to coming to HK. All good so far. But do you need to do this application before submitting an application for a visa extension? Or is it all one and the same? If you could clarify that would be great.

Also, I’m wondering whether it’s better to do this before my partner arrives in HK, or if we should wait until he arrives? There seems to be 2 different forms, depending on whether my partner is in HK or elsewhere. Any advice you can provide would be great.

Thanks so much for your advice (I can’t believe it’s free, but I am so so grateful!)

More Stuff to May Find Useful or Interesting

10 must have resources for a successful Hong Kong same sex partner visa application

Is it ever OK to work on a Visitor visa?

Will any time spent in Hong Kong as a visitor count towards the magic 7 years for the right of abode?

Will the Hong Kong Immigration department extend your visitor visa is you ask them to?

Timing of Hong Kong gay partner visa applicationThe visa dilemma of a unmarried trailing partner seeking to work in Hong Kong

PODCAST ANSWER

Podcast: Play in new window

WRAP UP: Hong Kong Investment Visas – Talk by Stephen Barnes on Monday November 26th, 2012 at the Hive

Posted by The Visa Geeza / in Investment Visas, Musing / 7 responses

Went along and met a very interesting crowd at the Hive this Monday; both clients and new friends alike.

I was there to give a talk about how to go about getting a visa to start or join in a business in Hong Kong.

My 17 minute presentation quickly morphed into a fascinating 2 hour rapid-fire Q&A session on the intricacies and challenges of Hong Kong investment visa applications which really kept me on my toes.

Thanks guys, you were brilliant to interact with and I had an excellent time.

I did plan to have a complete video of the event for posting here today but unfortunately the videographers buggered up their diary and consequently did not show.

Never mind, we’ll do it next time.

In any event, you can find a copy of my presentation here.

As I was packing up to go, I got the first of several messages of thanks and appreciation with words such as…

It’s been incredibly useful! Very much appreciated. I am grateful and astonished that you are happy to share your knowledge and experience so freely.  Your friendly website, and the efficiency and pragmatism of the HK government (in relative terms at least :-)) are just two of the reasons why I like being here! And thanks for your useful and entertaining websites, too.

and

Just a quick note to thank you for the informative session last night. I came across it by chance while on a business trip and am delighted – the session completely demystified the topic!

I am also grateful to Bart Verkoeijen for the very kind words he tweeted about the session too.

Here’s a pic of me doing my thing, there’s bags more on Facebook.

 

Your formal feedback was excellent too! 9 out of 10 average across 21 responses!

So thanks for coming along folks. I had a really great night.

Ruby commented on how many of you took my name card on your way out so please feel free to contact me at any time.

Other Odds & Ends

The Visa Geeza on RTHK Radio Three

The Hong Kong Immigration Department Official Video – 10 minutes of Why Bother?

MUST READ: True story of a deluded foreign national trying to sue his way to a Hong Kong working visa

STOP PRESS  ! Hitler’s HKSAR passport application has just been denied

 

The Visa Geeza on RTHK Radio Three – Nov 2012

Posted by The Visa Geeza / in Investment Visas, Musing / 1 response

Went in to see Phil @ RTHK on Monday and talked a lot about money visas, both business and capital investment.

You can listen to our conversation here.

This will be the last time this year I will be on – looking like January next up so catch you then.

Please check out Morning Brew on Facebook and also listen live to Phil’s show via the web here. Give him the love – he deserves it…

More Stuff You Might Like

Checking the status of your Hong Kong visa application on line – yeah right!

Hong Kong right of abode for foreign nationals – when does the clock start ticking?

Why do some Hong Kong visa applications take forever to finalise (if ever?)

10 must have resources for a same sex partner visa application

 

Listen To The Show

Podcast: Play in new window

REMINDER: Hong Kong Investment Visas – Public Talk by Stephen Barnes on Monday November 26th, 2012 @ 18.30 at the Hive

Posted by The Visa Geeza / in Investment Visas, Musing / No responses

I have been invited by the good guys at The Hive to talk about the challenges faced by foreign national entrepreneurs in securing the necessary immigration permissions to join in or establish businesses here in Hong Kong.

This is a free session (i.e. no $$ required) and a great opportunity to network with like-minded souls setting out on their own in doing business in the HKSAR.

I will be spending quite a lot of time discussing one man investment visas and also setting the scene as to how the Hong Kong Immigration Department view such applications and what you can do to improve the chances of successfully arguing for one.

I’ll also be on hand to answer any questions you have about your own visa situations, and will stick around after the session for as long as it takes to talk to you all.

Seats are quite limited (40) so if you don’t fancy standing up for 2 hours at the end of a long working day, arrive bright and early!

While you’re there you can also check out The Hive’s excellent facilities.

If you are thinking of starting your own business in Hong Kong (or in fact have already done so), don’t have huge amounts of capital, hate the idea of flying solo every day and have not yet decided where to locate your base of operations, The Hive is a first class choice – so don’t miss this opportunity.

In the meantime, please check out our 10 Must Have Hong Kong Investment Visa Resources, attend the talk, then pick my brains for all they’re worth!

See you tomorrow!

 

Date: November 26, 2012

Time: 6.30pm – 9 pm

Location: The Hive, 21st Floor, The Phoenix Building, No.23 Luard Road, Wan Chai, Hong Kong (Google Map)

Contacts: t: +852 3568 6343, e: info [at] thehive.com.hk

How Important is the Support of InvestHK in Your Hong Kong Investment Visa Application?

Posted by The Visa Geeza / in 60 Second Snapshot, Investment Visas, VG Front Page / 9 responses

InvestHK do a really good job of promoting economic opportunities which Hong Kong offers to foreign individuals and companies seeking to set up shop in the HKSAR.

For individual investment visa applicants, they offer guidance and advice on the immigration process (amongst many other things) and in those instances where they believe the business intentions for Hong Kong are worthy of their direct assistance, they will often agree to provide a Letter of Support which can be presented to the Immigration Department to help in the investment visa application process.

Not having a letter of support is by no means a disadvantage, however, as many of our clients go on to get their investment visas approved without ever having set foot inside an InvestHK office.

But it is fair to say, that time spent in meetings with InvestHK can only be a good thing as they have excellent resources which can assist any entrepreneur help find his feet in getting started in Hong Kong.

And if you can persuade those good people to avail you of a letter of support whilst you are there, so much the better.

It can only help!

However, it is important to appreciate that no single factor proves definitive in securing investment visa permissions from the Immigration Department, for, as government organisations, InvestHK and the HKID  each has a different mandate and move, from a policy perspective, in very different circles.

In this regard, having the written support of InvestHK is useful and absolutely relevant, but not crucial and by no means pivotal to your investment visa application outcome.

But for sure, go and have a chat with them and see what they can do to assist

They are, after all, really good people who are happy to help wherever possible.

More Stuff to Help You Along

10 must have resources for a successful Hong Kong investment visa application

Is it actually getting harder to secure an approval for a Hong Kong employment or investment visa?

What’s the minimum capital required for a Hong Kong investment visa application?

Hong Kong investment visa – an excellent example of a foreign SME  that could expect immigration approval to relocate to the HKSAR

The economy at home is very bad so what investment visa options exist for you in Hong Kong?

Doing the Hong Kong Capital Investment Entrant Scheme On the Cheap!

Posted by The Visa Geeza / in Musing / 10 responses

There is a lot of commentary on the HKD10 million investment-for-residence Hong Kong Capital Investment Entrant Scheme (“HKCIES”) but surprisingly little is heard about gaining a visa for ‘business investment’ under Hong Kong’s General Employment Policy.

Essentially, in order for a foreign national to secure the permissions of the Immigration Department to join in an existing, or establish a new, business in the HKSAR, he has to show that he is in a position to make a substantial contribution to the economy of Hong Kong.

This is a very different proposition from parking HKD10 million in certain types of Hong Kong investments, thereby gaining residence permissions as is the premise under the HKCIES.

The irony is that, for approximately 10% of the funds needed to qualify for a HKCIES visa, any foreign entrepreneur worth his salt stands a pretty good chance of gaining permissions to live and do business in Hong Kong on the basis that he:

• Has a modicum of prior business experience overseas that can be said to amount to a ‘track record’; and
• Promotes a business plan that sees him opening an office and employing 1-2 local workers at some stage in the first 12 months after gaining his business investment visa; and
• Can show HKD1-1.5 million in investment-ready cash funds to satisfy 6-12 months of pre-revenues cash flow in the wake of his visa approval; and
• Has a really good story.

The business investment visa is a first rate alternative to the HKCIES for those persons who have the resolve to actually get down to business once they move to Hong Kong and takes, typically, between 8 to 12 weeks to approval.

This compares with the 6-8 months under the HKCIES.

Moreover, extensions to the initial 12 month business investment visa are granted almost automatically assuming you can demonstrate that you are actually implementing your business plan by the time your visa first comes up for renewal.

Once you’re past the hurdle of the first extension, in the years that follow you will receive a 2-2-3 year extension pattern assuming your business is still actively trading all throughout that time.

After 7 years of holding this visa, you can apply for permanent residency.

This compares to the 7 year ‘lock in’ of HKD10 million to maintain your HKCIES status until you are eligible to make an application to become a permanent resident (and when your funds can be freed up once again).

Each year, there are between 250 and 400 business investment visas issued to foreign national entrepreneurs in Hong Kong. This is just  15-25% of the average of 1,600 HKCIES visas issued annually since the Scheme was first introduced in October 2003.

Ostensibly, Chinese nationals resident on the Mainland are effectively precluded from applying for Hong Kong visas under both the HKCIES and also the business investment visa, except where they can show they have lived outside of the Mainland for 12 months immediately prior to making their application (business investment visa) or they have secured permanent residency in a third country first (business investment visa and HKCIES).

However, with countries such as Guinea-Bissau and The Gambia making permanent residency available to high net worth individual Chinese nationals quickly and fuss-free, these preclusions are easily worked around.

So, the General Employment Policy actually provides a cheap and easy alternative to the HKCIES for those foreign nationals and Mainlanders alike who intend to run a business once they take up residence in Hong Kong.

More Stuff You Might Find Interesting

10 must have resources for any Hong Kong investment visa application

Are there any advantages to being an existing resident of Hong Kong when you make an application for an investment visa?

Is the Hong Kong Capital Investment Entrant Scheme actually fit for purpose?

7 years residency in Hong Kong under the Capital Investment Entrant Scheme  – what PR options exist?

The 10 key reasons why foreigners seek visas to live and work in Hong Kong