Hong Kong Visas Made Easy

The Merits of Applying for a Reconsideration of a Refused Hong Kong Visa Application

Posted by The Visa Geeza / in 60 Second Snapshot, Refusals & Appeals / 8 responses

The saying goes that a lawyer who represents himself in court has a fool for a client.

The same could be said for a refused visa applicant who remains serious about his residence prospects for Hong Kong in the wake of the HKID refusing his application for immigration status here.

Why do I say this?

A Reconsideration application is an appeal and consequently an uphill struggle.

If you were not successful the first time around, you have to ask yourself if you have what it takes to get it right if you have second run at it.

Making a request for Reconsideration is a big step and there is a lot at stake. You can have only one proper go at it so you need to get it right.

Do you have a strong sense of what has gone wrong or are you actually just being driven by the emotion of disappointment?

The application calls for new and previously unsubmitted information which has come to light since the time your refusal was notified to you.

Do you really have this lined up, do you appreciate its strength and do you know how to use it to articulate your augmented story – and actually, is it compelling enough?

Are you too close to this application that you are not being objective? Have you considered, instead, moving past this refusal and going on to progress an alternate application based on revised plans for your life in light of the fact that the HKID are not presently buying into your rationale for you wishing to remain in Hong Kong on the terms enunciated in your refused application?

Have you prepared yourself for another refusal and all that this would entail for you?

It is important to remember that, as a foreign national, especially if you are here as a visitor, you are using the resources of the HKID each time you make an application down at  Immigration Tower.

And with the official fees being as modest as they are, how realistic are you in expecting the HKID to continue to pour resources into your application when they have given full and due consideration to your Original case and found it wanting?

These, and quite few other considerations, are in play in deciding whether to apply for a Reconsideration or not.

So please decide wisely. You only get one good shot.

Do you really want to do it yourself?

More Stuff to Help You Along

How to go about applying for  the Reconsideration of a refused Hong Kong visa application

I know the Immigration Department is a black hole for denied Hong Kong visa applicants so what do I do now?

My Hong Kong employment visa has been refused – what can I do now?

Hong Kong employment visa – when all else failed we appealed to the Chief Executive – and won!

Work Ended – What Visa Options Do You Have to Stay in Hong Kong For Another 2 Years to Get Your Permanent Residency?

Posted by The Visa Geeza / in Family Visas, Investment Visas, Long Stay & PR, Special Programmes, Your Question Answered / 5 responses

This is a popular topic that people query our websites about, so it’s timely that we received this question out of the blue yesterday. In my answer I refer to the following content resources: QMAS, Dependant Visa, Business Investment Visa.

QUESTION

“I have been working in HK since 2007 on a working visa, which expired in August 2012. Is there any legal status that I can apply for, except getting another job in HK or investing HK10m, to extend my past 5 years so that I can apply for a permanent residency in HK in 2 years time?

I travel often to other countries but I have been practically living in HK and renting an apartment since 1997.  I hold a Canadian passport.   Currently I am here as a visitor.”

More Stuff You May Find Useful or Interesting

Will any time spent in Hong Kong as a Visitor count against my 7 years for permanent residency?

Time spent outside of Hong Kong for work – the impact on your right of abode.

Work in Hong Kong for 5 years – leave for 2 – then return: will I lose my continuous residence for PR purposes?

Generosity As a Business Model: Business Talents Network, Yorkshire Pudding & The Hong Kong Visa Geeza

Do I Need to be Physically Present in Hong Kong When My Father Extends His Dependant Visa?

 

PODCAST ANSWER

Podcast: Play in new window

Will Any Time You Spend in Hong Kong as a Visitor Count Towards the Magic 7 Years for the Right of Abode?

Posted by The Visa Geeza / in Hadley Says…, Long Stay & PR / 24 responses

To get the Right of Abode in Hong Kong you need to:

– Spend seven years continuously resident in the HKSAR

– Have taken Hong Kong as your only place of permanent residence

– Be obviously settled here, and

– Have no outstanding taxation liabilities

Moreover, you need to have held a resident visa in all of that time, except for short periods when your immigration status was in a state of administrative flux.

This means that you can start counting the 7 years from when your first residence visa was issued through to the 7^th year anniversary.

In that time, any short periods where you unexpectedly had to have a visitor visa  (say, if you were changing employers at the time your employment visa expired, or you had to leave Hong Kong temporarily and your visa expired while you were away) will not count against your ‘continuity of residence’ for the purposes of your permanent residency application.

But it is absolutely vital that you have a valid residence visa at the time you file your application for the Right of Abode AND at the time of its approval – otherwise you simply will not qualify.

More Stuff to Help You Along

10 Must Have Resources for a Successful Hong Kong Permanent Residency Application

Time Spent Outside of Hong Kong With Work – the Impact on Your Right of Abode After 7 Years

Do I Need to Work For the Same Employer for 7 Years to Get the Right of Abode?

The Visa Geeza on RTHK Radio Three – Sept 2012

Posted by The Visa Geeza / in Employment Visas, Investment Visas, Long Stay & PR, Musing / 7 responses

Phil and I covered some interesting ground on Morning Brew yesterday morning, driven mostly by recent posts to this Blog.

If you’re interested in hearing more analysis on the Mike Tyson situation, the crazy American who tried to sue his way into an employment visa and the long stay residence options for people holding Capital Investment visas, then you’ll not want to miss our conversation.

Phil also wanted to know if the Hong Kong employment visa process system under the General Employment Policy administered by the HKID is essentially fair or not.

You can hear how it all panned out by clicking here.

I will be visiting Phil next sometime in October, date to be arranged.

In the meantime, why not check out Morning Brew on Facebook and also listen live to Phil’s show via the web here.

 

Listen To The Show

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Hong Kong Unconditional Stay Status vs. the Right of Abode for CIES Visa Holders

Posted by The Visa Geeza / in Investment Visas, Long Stay & PR, Your Question Answered / 9 responses

The Capital Investment Entrant Scheme is a really neat visa for those well-off enough to be able to afford it. Permanent residency is available at the end of 7 years continuous ordinary residence, but it is not sufficient just to hold the visa – you have to have lived here too…

QUESTION

“Hi Stephen,

I would like to clarify something please. In your article on the Right of Abode you said, “…unless it is obvious, that you have indeed spent a great deal of time continuously outside of Hong Kong during the requisite 7 years.”

Does this apply for Capial Investment Entrant Scheme visa holders? Because we we were absent for quite a significant amount of time (according to the immigration office), but only because we are capital investors, so we are still running businesses outside of HK.

Is there any chance of arguing this? Once again, thank you for your time.”

ANSWER

When the Capital Investment Entrant Scheme (“CIES”) was first implemented it introduced, for the very first time, a category of ‘potential’ resident that had, until that time, not existed in the realm of immigration statuses (stati?) in the HKSAR.

Namely, foreign nationals could secure residency in Hong Kong ‘merely’ through the locking in of a set amount of capital into Hong Kong ‘assets’ as defined by Immigration Regulations from time to time; presently HKD10 million, previously HKD6.5 million.

Under the CIES programme the HKID allow holders of this visa type, and their dependant families, the privilege of residence in the HKSAR all throughout the time they have locked their assets into Hong Kong, ostensibly to benefit Hong Kong through that value seemingly flushing around in the economy here.

Whilst the CIES visa provides the opportunity for the holder to take up residence, there is no compulsion for them to do so. There is, unlike other jurisdictions, no ‘use-it-or-lose-it’ quality to the CIES visa.

Consequently, the question was then begged as to what would happen to CIES visa holders at the end of seven years when, essentially, it becomes possible to apply for permanent residency and thereby be freed from the asset lock in conditions which had prevailed previously?

For those CIES visa holders who have indeed taken up full time residency in the HKSAR throughout the prior 7 years and who can demonstrate that they have taken concrete steps towards making Hong Kong their only place of permanent residence (the “approvability test”) the process of converting to PR is relatively straight forward.

But, where the CIES visa holder manifestly does NOT qualify for the Right of Abode, the HKID inadvertently created a policy lacuna in that, such people should also be able to have access to their locked up capital once again and so should be granted an immigration status which rewarded them for committing their capital whilst not punishing them for not qualifying for the Right of Abode.

For those such CIES visa holders, seemingly yourselves included, you are entitled, automatically, to Unconditional Stay (“UCS”) 7 years after your first CIES period of stay was granted.

The difference between the UCS and the Right of Abode is quite straight forward.

UCS is an administrative convenience afforded by the Director of Immigration, whilst the Right of Abode is a statutory right, enshrined in the Basic Law.

I have laboured the answer to your question in this way to illustrate to you how the HKID will be viewing your circumstances. Namely, the nature of the CIES visa anticipates people in your situation and sets out a ‘post-CIES’ immigration status where, by necessity or otherwise, you were never in a position to fully reside in Hong Kong nor put in place the vestiges of a life where you can properly declare that you’ve taken Hong Kong as your only place of permanent residence.

The bottom line is that possession of a residence visa alone, supported by frequent visits to Hong Kong, is not sufficient to qualify for the Right of Abode.

So the argument you are suggesting will not hold any water I’m afraid.

The best you can expect to get is Unconditional Stay and, even then, you need to ensure that you all enter Hong Kong on at least one occasion each 12 months to maintain it – otherwise your 7 years of asset commitment to Hong Kong will all have been for naught.

More Stuff You May Find Useful or Interesting

The role of Unconditional Stay in Hong Kong today

Can I swap from Hong Kong dependant visa to a Capital Investment Entrant Scheme visa?

Hong Kong Right of Abode application – arguing away missing periods of residence

10 Must-Have Resources for a Successful Hong Kong Permanent Residency Application

Posted by The Visa Geeza / in Long Stay & PR, Musing, Resource, VG Front Page / 91 responses

Download the slides from my accompanying talk here. Watch my accompanying talk here.

Now that you’ve lived in Hong Kong for a minimum of 7 years continuously, you’ll no doubt be turning your attention to your eligibility for the right of abode and making preparations for a permanent residency application.

To help guide you  in this effort, I have compiled all-in-one place 10 key resources on how to go about preparing, filing and then managing an application for a Hong Kong Permanent Identity Card.

Please let me know in the comments below if you find them useful!

INFOGRAPHIC – Pathways to Permanent Residency in the HKSAR

PODCAST  – Hong Kong Right of Abode Application – Consider Your Strategy & Plan Early

FACT SHEET – Your Hong Kong Right of Abode Application

CHECKLIST – Verifying Your Eligibility for a Permanent Hong Kong Identity Card

VIDEO – Time Spent Outside of Hong Kong With Work – the Impact on Your Right of Abode after 7 Years

PODCAST – Work in HK for 5 Years – Leave for 2 – Then Return – Will I Lose My Continuous Residence for PR Purposes?

VIDEO – Arguing Away Missing Periods of Residence in Your Hong Kong Permanent Residency Application

CASE STUDY – Right of Abode Approval Even With  a  Two Year Continuous Absence from Hong Kong

CASE STUDY – The Twists & Turns of an Unusual Hong Kong Permanent Residency Application

CASE STUDY – Winning a Hong Kong Right of Abode Approval in Record Time – Just 4 Days!

PODCAST  – Overseas Chinese & the Right of Abode in Hong Kong

Please remember, if you ever have any Hong Kong visa or immigration related question, please feel free to Ask A Question and I’ll be happy to give you a PodCast answer within 48 hours, completely free of charge!

More Stuff You Might Find Interesting

STOP PRESS..! Hitler’s Hong Kong Passport Application Has Been Rejected!

The Impact of Brain Drain on Hong Kong and Resulting Immigration Policy Development

The Visa Geeza on RTHK Radio Three

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?

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

Mike Tyson – His Criminal Record His Hong Kong Visa …

Posted by The Visa Geeza / in Employment Visas, Musing, Refusals & Appeals, Visitor Visas / 6 responses

Update May 30, 2023

 

Mike Tyson – His Criminal Record His Hong Kong Visa …

You have probably heard by now.

Yep, one of the meanest and toughest son-of-a-gun’s who ever walked the face of this earth  is coming to town.

Probably.

That’s if he can get a visa, he is.

You see, Mike Tyson has a criminal record; for a  very serious crime. Rape no less. His criminal record his Hong Kong visa?

So what will Wanchai’s Finest make of this?

The picture above I pinched from this article in the Wall Street Journal. Clearly the author of the piece has been on the phone to ask the Immigration Department what they thought of Mr. Tyson’s impending arrival, specifically to find out if he was likely to get a visa or not.

“While Hong Kong has previously barred people from entering the city on the basis of their criminal records, a spokesman for the city’s immigration department said Thursday its visa screening process is “quite fair and doesn’t involve any discrimination regarding whether or not they have a criminal record.” Cases such as Mr. Tyson’s would be considered on an individual basis, the spokesman added.”

The CLSA Investors Forum 2012  is to be held on the 10th-14th of September in Hong Kong. Interestingly the CLSA itself is owned by a Chinese State Owned Enterprise. Lots of undercurrent here…

As a US citizen, ordinarily, if he were coming to Hong Kong just to paint pictures of the harbour, he would not require a visa in advance of his arrival. He could present himself at the airport and seek 90 days entry as a visitor.

This would then put the examining Officer on the spot as to whether to admit him or not.

Other high profile characters previously incarcerated for crimes overseas have been refused entry before. Remember “Mr Nice” Howard Marks? He was denied admission a couple of years ago, although in his case he did write a book in which he admitted to crimes in Hong Kong previously (he brokered major drug deals out of Chung King Mansions in the 1980s if I remember properly).

Mike Tyson needs an employment visa to come and speak at this conference. He’s arguably not crossing the Pacific for free, so he’s coming for paid work. Even if it’s just a one hour Key Note speech, he needs a visa to undertake this assignment.

So ImmD have a chance to consider his criminal record without the pressure of an airport encounter.

So to all those folks who search this Blog for ‘criminal record’ or ask me for specific advice on this matter via our Your Questions Answered PodCast service, you’re going to learn very soon, in a very public way, what the Hong Kong Immigration Department make of criminal records.

If Mike Tyson gets his visa, there’s hope for you too!

His Criminal Record His Hong Kong Visa – What If The Conviction Is Already Spent?

Of course, the million dollar question right now is will the existence of a prior criminal conviction automatically disqualify an applicant? If not, what is the threshold? Will ‘spent’ convictions need to be disclosed?

More Related Stuff For Your Information

Mike Tyson: Welcome in Hong Kong, New Zealand Say No, Australia Still Deciding

Will a Criminal Record Impact On Your Eligibility for a Hong Kong Residence Visa?

The 5 Key Factors that Impact on Your Application for a Hong Kong Work Visa

Can I Come to Hong Kong to Install Equipment Without an Employment Visa?

 

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