Hong Kong Visas Made Easy

11

Oct 2012

How Important Are Employment Testimonials in a Hong Kong QMAS Visa Application?

Posted by / in Special Programmes, Your Question Answered / 8 responses

How the Content Must Now Be Read in Light of the Updated QMAS (Quality Migrant Admission Scheme) Policy

In the foundational advisory Q&A published in How Important Are Employment Testimonials In A Hong Kong QMAS Visa Application?, the analysis focuses on the pivotal evidentiary role played by previous employers’ reference letters during the assessment process. According to the Hong Kong Visa Geeza, Stephen Barnes, prospective migrants routinely underestimated the standard of proof required by the Immigration Department, mistakenly assuming that standard HR experience letters—which merely confirmed dates of tenure and nominal job titles—would suffice to substantiate their career claims. In practice, the Director of Immigration and the legacy Advisory Committee demanded express, granular confirmation of the candidate’s actual duties, operational responsibilities, and demonstrable professional accomplishments while in those posts. Where corporate sensitivity prevented an ex-employer from providing comprehensive testimonials, Barnes advised bridging the evidentiary gap with credible, independent third-party corroboration to substantiate claimed expertise, cautioning that an unsubstantiated CV would inevitably fail to secure essential points under the legacy 225/245-point General Points Test.

That evidentiary imperative must now be interpreted through the definitive legal architecture codified in our PRACTICE UPDATE: The Quality Migrant Admission Scheme Definitively Stated 2026-27 by Stephen D Barnes, which documents the structural overhaul instituted in late 2024. As stated by the Hong Kong Visa Geeza, Stephen Barnes, employment testimonials are no longer evaluated as subjective background material to influence an advisory committee’s discretion, but serve as strict, binary evidentiary proof required to satisfy distinct benchmarks among the modern 12 assessment criteria. Specifically, unlocking Criterion 7 (at least 5 years of specialist professional experience), Criterion 8 (at least 3 years at a multinational or publicly listed enterprise), and Criterion 9 (at least 3 years of specialist experience in designated Key Sectors such as Innovation & Technology or Fintech) requires reference letters that provide incontrovertible organizational proof of corporate standing and technical seniority. Deficient or unauthenticated documentation uploaded to the digital application portal now triggers immediate administrative disqualification, reinforcing that forensic evidentiary preparation is the indispensable cornerstone of any successful QMAS application under the 2026–27 regime.

 

The Quality Migrant Admission Scheme is designed to attract ‘top notch’ talents to the HKSAR and, by my reckoning, only about 5% of applicants ever receive a Golden Ticket. Of course if you happen to have a Nobel prize or you are an Olympiad with a medal to your name, the odds of an approval are a lot higher. However, if you’re applying under the General Points Test, your educational accomplishments, professional background and career achievements to date are of vital importance. As is documenting them…

QUESTION

“Hi,

The QMAS visa documentation requires “Copies of testimonials from every employer claimed as relevant to your application.”

– Is it same as experience letters from current and ex-employers?

– If not, is there any particular format of these letters?

– Is it a mandatory document?

Thanks so  much!”

More Stuff You May Find Useful or Interesting

Why I hate the Quality Migrant Admission Scheme (& so should you!)

Realistically, what is the minimum number of points you need for a shot at a QMAS approval?

How to extend your Hong Kong QMAS Visa

Get your 100% free QMAS application D-I-Y Kit here

PODCAST ANSWER
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04

Oct 2012

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

Posted by / in Employment Visas, Musing / 4 responses

Well, it’s hardly news that convicted rapist Mike Tyson made it to Hong Kong last month.

At least now know the impact  a criminal record can have on your application for an employment visa here (maybe).

What is news is that New Zealand yesterday decided they didn’t want to have him grace their shores after all, whilst the Aussies are still making their mind up.

UPDATE: October 10, 2012 – Mr Tyson is granted a visa to undertake his dog & pony show in Australia.

Related Posts

Will he or won’t he? – Mike Tyson – his criminal record and his Hong Kong visa…

The Visa Geeza on RTHK Radio Three

The Hong Kong Immigration Department are out to deny – not approve – visa applications (aren’t they?)

Will a criminal record impact on your application for a Hong Kong residence visa?

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29

Sep 2012

The Anatomy of a ‘Slam Dunk’ Hong Kong Investment Visa Application Taking Just 7 Weeks to Approval!

Posted by / in Case Study, Investment Visas / 15 responses

Hong Kong Investment Visa Application Taking Just 7 Weeks to Approval!

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

Historical Context: The Seven-Week “Slam Dunk” Single-Submission Approval

Historically, as published by the Hong Kong Visa Geeza in The Anatomy of a ‘Slam Dunk’ Hong Kong Investment Visa Application Taking Just 7 Weeks to Approval!, this celebrated case study detailed a rare single-submission approval under the General Employment Policy (GEP) achieved in just seven weeks without a single requisition for further information. The applicant, “Simon,” was a US national transitioning from an expiring education employment visa into an unmet niche in the international not-for-profit sector. In that era, the Geeza structured an approvable filing with HKD 1 million in initial startup capital, an operational launch based entirely out of a virtual office, a promise to upgrade to standalone commercial premises only in month seven, and a deferred local recruitment projection committing to hire one full-time employee after seven months and part-time staff after ten months. The Immigration Department (ImmD) exercised expansive, qualitative discretion: case officers were smitten by the societal and educational merit of the venture, interpreting the statutory “substantial contribution” test flexibly to embrace broader non-profit community value rather than demanding immediate, large-scale commercial apparatus.

Modern Reality: Virtual Offices and Deferred Hiring Dismantled by the Hardware Audit

As detailed by the Hong Kong Visa Geeza in A Major Strategic Shift: The Upgraded Assessment Regime for Hong Kong’s Investment as Entrepreneur Visa, the structure that produced Simon’s historic “slam dunk” represents an absolute blueprint for summary refusal today. Under post-April 2026 administrative practice aligned with Top Talent Pass Scheme (TTPS) Category A operational substance, benchmarked at an enterprise scale of approximately HKD 2.5 million, ImmD has eliminated qualitative discretion and social-utility accommodations for un-incubated applicants. Case officers no longer accept virtual offices, deferred office leases, or delayed recruitment schedules. The statutory “substantial contribution to the economy of the HKSAR” test has been flattened into an inflexible, binary compliance audit demanding verified corporate hardware deployed on day one: HKD 1.5 million to HKD 2.0 million in dedicated corporate liquidity held in a local Hong Kong business bank account; an executed commercial tenancy agreement for exclusive physical premises (four walls), strictly disqualifying serviced offices, virtual addresses, shared desks, and co-working spaces; and active Mandatory Provident Fund (MPF) payroll contributions for two to three full-time local Hong Kong permanent resident employees working on-site from inception.

Strategic Baseline: The Trap of Historical Case Studies vs. The Incubator Monopoly

Consequently, treating Simon’s landmark seven-week approval as an operational precedent for modern filings is an acute administrative hazard. An un-incubated applicant who submits a dossier backed by HKD 1 million, a virtual address, and promises to hire staff and lease commercial space months down the road will face swift and summary refusal. This instant denial extinguishes lawful visitor stay, prompts an abrupt exit from the territory, and permanently breaks the applicant’s continuous ordinary residence chain required to secure Right of Abode under the seven-year rule. The modern business entry framework enforces an absolute institutional monopoly: formal, documented admission into an officially accredited government incubation program, such as Cyberport, the Hong Kong Science and Technology Parks Corporation (HKSTP), or the Design Incubation Programme, serves as the sole surviving statutory mechanism recognized by ImmD to waive the mandatory upfront liquidity, dedicated commercial lease, and immediate MPF headcount thresholds. Outside this accredited institutional safe harbor, noble social intentions and deferred execution plans carry zero weight; independent applicants must deploy enterprise-scale physical, payroll, and financial hardware on day one, or face guaranteed refusal.

For the first time in yonks, we had a business investment visa approved on the strength of a single submission.

Yep, one single lodgment of the application bundle with none of the normal to-ing and fro-ing with the Hong Kong Immigration Department over the course of the usual 12- 16 weeks through to case outcome notification.

An all-too-rare slam dunk application!

This is almost unheard of in actual fact (at least in my experience), although there was one instance at the end of the 1990’s where we had a single submission investment visa approved in just 2 weeks.

However, that case was uniquely individual and not really a like-for-like comparison with the case that came to the good for our client some 24 hours ago.

Whilst we have lots of investment visa applications pending at any one time with cast entirely in a mould of its own, this case was particularly noteworthy so I thought I’d share with you an essay of its characteristics and, hopefully, shed some light for you on the qualities of an investment visa case that met a home run on the very first ball pitched.

The Client

‘Simon’ initially booked a Consultation with us via Skype on May 29 of this year.

During our one hour session, I learned that he was a US citizen, had been a resident of Hong Kong for 2 years and that his then current employment visa was due to expire, along with his employment contract, on the last day of July, some 9 weeks later.

Simon had a 30 year background in the international not-for-profit sector and had come to Hong Kong originally in an education role.

Whilst he had received an offer to extend his employment contract, indeed on more favourable terms this time around, he had identified an unmet niche in the Hong Kong market for his long-standing area of special interest and wanted to understand his immigration options to remain in the HKSAR to be able to undertake this activity.

After having discussed the Capital Investment Entrant Scheme (beyond his means), the Quality Migrant Admission Scheme (too uncertain and too long to case outcome) Simon agreed that the only real option open to him was a business investment visa.

As Simon was due to go on a business trip, we set a date to meet to discuss next steps a couple of weeks later, on June 14.

At that meeting, Simon agreed that, after having given complete consideration to the challenges associated with an investment visa application, he wished to go ahead and we made preparations to commence work on his case accordingly.

Case Preparations

The first thing Simon needed to do was to incorporate a Hong Kong limited liability company and secure a Business Registration Certificate.

We introduced him to our partner colleagues who undertook this on his behalf and the entire process, including the opening of a company bank account to receive his investment funds, was completed by the end of June.

In the meantime, we prepared a customized, detailed checklist of requirements which we would need from him, along with indications on the list of materials that we would be able to help him craft to properly manifest his business plan to the Hong Kong Immigration Department.

Some 2 weeks later, in the middle of July, we met once again to review where we were on the documentation and argument crafting exercise and made ready to plan the submission strategy.

Submission Strategy

Simon’s last day of work for his then current employer was the same day that his employment visa was due to expire (2 weeks down the track).

This, together with his continuing travel-for-work responsibilities meant that we needed to be strategic about how we filed his application.

So we settled on the following:

(a) On his last day of his work/visa limit of stay (July 31) he would travel to Macau and re-enter as a visitor (which he did, getting 90 days upon arrival).

(b) We would submit his application on August 14, (which we did), 1 day after his company bank account had been funded with the HKD1 million he was prepared to finance the business with.

(c) He would leave for a 10 week visit to the US on the  August 15 (which he did).

Case Argument

The essential cut and thrust of his application was the following:

(1) His special niche was unmet in Hong Kong and he had the experience and resources to meet it.

(2) Whilst the business itself was for profit, beyond paying himself a reasonable income from it and eventually receiving the return of his investment capital, he planned to reinvest all additional profits back into the business as they were realised.

(3) His projections envisaged the following local jobs to be created:

– 1 x Full Time staff after 7 months.

– 2 x a further 2 Part Time staff after 10 months.

– A total of 4 x Full Time jobs after 24 months.

(4) Expected turnover end Month 15 was HKD1.8 million & end Month 24 was HKD2.5 million.

(5) Cash available to the business was HKD1 million.

(6) Business would start out with a virtual office and would upgrade to dedicated, standalone commercial premises (budget HKD40,000 per month) in month 7.

(7) Simon’s own monthly stipend was HKD33,000 per month.

(8) Simon had received formal and semi-formal agreement from trade partners of business to be transacted, which supported the revenue projections.

Case Consideration Experience

After submission of the application on August 14, I received a call from the Immigration Department on the 18th asking of the whereabouts of Simon as they suspected that he had inadvertently become an overstayer.

I advised the Officer that, in fact, Simon had made his Macau exit and re-entry on July 31, had been a Visitor in Hong Kong on the day the application was submitted AND that he had subsequently left for the US on the 15th where he planned to remain until October 4 before returning to Hong Kong.

So no, Simon was not in fact an overstayer (which speaks volumes about the HKID computer systems!)

On the 24th of August we received the official receipt for the application along with the file reference number.

On September the 28th, we received the approval letter.

Er… that’s it.

Moreover, the Immigration Department did not stipulate that Simon’s next extension would be subject to Business Review either.

Takeaways From This Case Study

The Hong Kong Immigration Department were obviously smitten by Simon’s intentions in respect of the subject matter of his business.

He clearly had the money, the connections and the experience to allow the business to stand a good chance of success.

Worthy jobs were also being created.

The really interesting thing is that it’s not even just about the amount of money involved.

In the last few months we have had (and have) cases on going with significantly greater sums involved, very compelling stories and the same quality of case preparation.

They either went on to approval or are yet awaiting application finalisation but have required the usual back and forth’s with requisitions for further and better particulars.

No slam dunks.

My sense is that it boiled down to the essentially not-for-profit nature of Simon’s endeavours and the approvability test element of ‘substantial contribution’ being expanded by the Department to take in benefit to society more widely than just advantage to the economy.

Hong Kong is worthy of Simon’s planned contribution and Simon is worthy of his visa approval.

Especially in a super-fast time!

More Stuff You Might Find Helpful

The Hong Kong Investment Visa D-I-Y Kit – 100% Free – Get Yours Today!

Investment Visa Case that Would Get Denied Today But Approved 12 Months Later

Novel Solution to an Unusual Hong Kong Employment – Investment Visa Situation

Can I Employment Myself by Getting a Hong Kong Investment Visa?

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25

Sep 2012

10 Must Have Resources for Same Sex Partner Visa Applications in Hong Kong

Posted by / in Family Visas, Musing / 24 responses

Same sex partners struggle with Hong Kong immigration applications for the simple, yet wholly unsatisfactory, reason that true equality has not yet arrived in the HKSAR.

I have compiled these 10 resources to help you apply for a gay partner visa for Hong Kong.

If you need specific answers, as always, please feel free to Ask Me A Question and I’ll PodCast you an answer, completely free of charge, within 48 hours.

All part of the service!

VIDEO – Can Gay Partners Get Residence Visas in Hong Kong?

FACTSHEET – Visa Information for Same Sex Partners in Hong Kong

PLAN – The Hong Kong Visa Application Roadmap

CHECKLIST – Documents Needed for a Same Sex Partner Visa Application

TEMPLATES – How to Structure a Gay Partner Visa  for Hong Kong Application Argument

HOW TO – Applying for a Gay Partner Visa for Hong Kong

CASE STUDY – Hong Kong Employment & Same Sex Partner Visas

EXTENSION – The Hong Kong Same Sex Partner Visa Extension Kit

EXTENSION – The Procedure to Follow to Extend Your Gay Partner Visa for Hong Kong

YOUR QUESTIONS ANSWERED – For Free, Via PodCast, Within 48 Hours!


More Stuff You Might Find Useful or Interesting

What Does it Take to Get a Hong Kong Investment Visa Approved?

10 Must Have Resources for a Successful Hong Kong Working Visa Application

The Hong Kong Immigration Department Are Out to Refuse – Not Approve – Visa Applications (Aren’t They?)

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

2015 Hong Kong Immigration Policy Update – New ASSG Visa for A-B-Cs

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20

Sep 2012

Why Do Hong Kong Investment Visas Get Denied?

Posted by / in 60 Second Snapshot, Investment Visas, Refusals & Appeals, VG Front Page / 19 responses

Why Do Hong Kong Investment Visas Get Denied?

The approvability  test for a Hong Kong investment visa is that you have to show you are in a position to make a substantial contribution to the economy of Hong Kong.

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

Historical Context: Discretionary Qualitative Deficiencies and One-Man Operations

Historically, as published by the Hong Kong Visa Geeza in Why Do Hong Kong Investment Visas Get Denied?, this snapshot broke down the primary reasons why Investment as Entrepreneur applications failed under the General Employment Policy (GEP). The Geeza identified common vulnerabilities: underfunded operations, businesses run on a shoestring where growth relied entirely on unearned future revenues, ventures that functioned as permanent “one-man shows” without the capacity to create local employment, concepts lacking distinct technological or economic value-add, or applicants hampered by adverse immigration records. Under the prevailing discretionary regime, these refusal triggers were qualitative and relative. The statutory “substantial contribution to the economy of the HKSAR” test was evaluated holistically, meaning that an articulate applicant who avoided the trap of an undercapitalized solo consultancy could secure approval by deploying modest seed capital of a few hundred thousand Hong Kong dollars, operating out of a serviced office or co-working space, and submitting a viable narrative business plan committing to hire local workers over a phased two- to three-year ramp-up period.

Modern Reality: The Conversion of Refusal Grounds into the Binary Hardware Audit

As detailed by the Hong Kong Visa Geeza in A Major Strategic Shift: The Upgraded Assessment Regime for Hong Kong’s Investment as Entrepreneur Visa, what were once subjective reasons for refusal have been codified into an inflexible, binary hardware audit. Under post-April 2026 administrative practice aligned with Top Talent Pass Scheme (TTPS) Category A operational substance, benchmarked at an enterprise scale of approximately HKD 2.5 million, ImmD no longer denies applications because an officer subjectively finds the venture uninteresting or doubts a narrative roadmap. Instead, refusal is automatic whenever an un-incubated applicant fails to prove verified corporate hardware deployed on day one: HKD 1.5 million to HKD 2.0 million in dedicated corporate liquidity held in a local Hong Kong business bank account; an executed commercial tenancy agreement for exclusive physical premises (four walls), strictly disqualifying serviced offices, virtual addresses, shared desks, and co-working spaces; and active Mandatory Provident Fund (MPF) payroll contributions for two to three full-time local Hong Kong permanent resident employees working on-site from inception. Lacking any single element of this hardware trifecta results in immediate summary refusal.

Strategic Baseline: The Trap of Incremental Growth vs. The Incubator Monopoly

Consequently, analyzing visa risk through legacy concepts of “good funding” or “promising business models” represents an acute administrative hazard. An un-incubated founder who assumes that having several hundred thousand dollars, a solid concept, and a plan to hire staff later will protect them from refusal will face swift and summary denial. This instant rejection extinguishes lawful visitor stay, prompts an abrupt exit from the territory, and permanently terminates the applicant’s continuous ordinary residence chain required to secure Right of Abode under the seven-year rule. The modern business entry framework enforces an absolute institutional monopoly: formal, documented admission into an officially accredited government incubation program, such as Cyberport, the Hong Kong Science and Technology Parks Corporation (HKSTP), or the Design Incubation Programme, serves as the sole surviving statutory mechanism recognized by ImmD to waive the mandatory upfront liquidity, dedicated commercial lease, and immediate MPF headcount thresholds. Outside this accredited institutional safe harbor, avoiding refusal cannot be achieved through persuasive business plans or phased growth projections; un-incubated applicants must deploy enterprise-scale physical, payroll, and financial hardware on day one, or face guaranteed refusal.

If you can do this through the calibre of your business plan and the manifest strength of your investment visa application then you can readily expect an approval from the Immigration Department for you to establish or join in your business in the HKSAR.

So the question is begged as to the reasons why investment visa applications get denied?

Typically, such cases are refused where:

1 – The business is not especially well funded or other resources which the HKID would expect to see are not in place at the time of approval or are manifestly lacking from the application itself.

2 – There is no obvious ‘investment’ to take place. Namely, the business is going to be run on a shoe string with growth occurring principally from revenues yet to be earned.

3 – The ‘substantiality’ aspect of the approvability test will not be satisfied as the business is effectively a one-man show and is likely to remain so due to the nature of the enterprise and the story which the supporting documentation reveals.

4 – There is nothing especially interesting about the business itself such that the HKID can’t get excited about, for example,new or improved technology, paradigm shifting value add or the personal skills of the applicant which would essentially be imparted to the local workforce if the investment visa was approved.

5 – Conversely, the proposed activity of the business is not deemed desirable, even if legal.

Finally, a significant reason for investment visa refusal is down to the fact that the applicant finds himself nursing a poor prior immigration record which negatively colours his all-important application this time around.

In my next post on this topic, I will discuss what is typically found at the heart of an approved investment visa application.

More Info You Will Find Useful

The D-I-Y Kit for a Hong Kong investment visa

10 must have resources for a successful Hong Kong investment visa

The merits of applying for a Reconsideration of a refused Hong Kong visa application

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

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19

Sep 2012

Hong Kong Visa Application – Student to Investment – With a Twist!

Posted by / in Case Study, Investment Visas / 2 responses

Hong Kong Visa Application – Student to Investment?

Historical Context: Fluid Status Transitions and Organic Business Formation

Historically, as published by the Hong Kong Visa Geeza in Hong Kong Visa Application – Student to Investment – With a Twist!, this case study examined the procedural choreography of transitioning from a full-time postgraduate student visa to an Investment as Entrepreneur visa under the General Employment Policy (GEP) while seeking dispensation to continue studies on a part-time basis. The applicant, a UK engineering student whose business partner had already secured an entrepreneur visa for their relocatable UK venture, discovered that his academic thesis directly dovetailed with active commercial operations. In that era, the substantive “substantial contribution to the economy of the HKSAR” test was evaluated holistically: the primary procedural friction was not proving immense corporate substance, but negotiating the institutional bureaucracy between the university registrar and the Immigration Department (ImmD) regarding study mode adjustments. ImmD exercised qualitative discretion, comfortably accommodating a growing, lean business that had established commercial viability, operated from flexible premises, and maintained a modest capitalization structure without demanding massive upfront capital or rigid corporate apparatus.

Modern Reality: Academic Synergies Overwhelmed by the Binary Hardware Audit

As detailed by the Hong Kong Visa Geeza in A Major Strategic Shift: The Upgraded Assessment Regime for Hong Kong’s Investment as Entrepreneur Visa, the flexibility that allowed an enrolled student to seamlessly pivot into an entrepreneur visa on the back of an emerging commercial venture has been completely eradicated. Under post-April 2026 administrative practice aligned with Top Talent Pass Scheme (TTPS) Category A operational substance, benchmarked at an enterprise scale of approximately HKD 2.5 million, ImmD has eliminated qualitative discretion for un-incubated applicants. Case officers no longer consider academic relevance, master’s thesis synergies, or organic founder partnerships. Instead, satisfying the statutory approvability test demands empirical verification of three mandatory corporate hardware baselines deployed on day one: HKD 1.5 million to HKD 2.0 million in dedicated corporate liquidity held in a local Hong Kong business bank account; an executed commercial tenancy agreement for exclusive physical premises (four walls), strictly disqualifying serviced offices, virtual addresses, shared desks, and co-working spaces; and active Mandatory Provident Fund (MPF) payroll contributions for two to three full-time local Hong Kong permanent resident employees working on-site from inception. Lacking these empirical baselines, any attempt to adjust status from student to entrepreneur is met with swift and summary refusal.

Strategic Baseline: The Trap of Student-Led Spinouts vs. The Incubator Monopoly

Consequently, treating a student-to-entrepreneur transition as a matter of coordinating study permissions and demonstrating modest commercial traction represents an acute administrative hazard. An enrolled postgraduate student or fresh graduate who attempts to adjust status to launch an un-incubated venture backed only by thesis innovation, personal savings, and phased hiring promises will face immediate refusal. This instant denial forfeits lawful resident status upon completion of studies, prompts an abrupt exit from the territory, and permanently terminates the applicant’s continuous ordinary residence chain required to secure Right of Abode under the seven-year rule. The modern business entry framework enforces an absolute institutional monopoly: formal, documented admission into an officially accredited government incubation program, such as Cyberport, the Hong Kong Science and Technology Parks Corporation (HKSTP), or the Design Incubation Programme, serves as the sole surviving statutory mechanism recognized by ImmD to waive the mandatory upfront liquidity, dedicated commercial lease, and immediate MPF headcount thresholds. Outside this accredited institutional safe harbor, student founders and early-stage academic spinouts cannot bridge into an entrepreneur visa; they must deliver enterprise-scale physical, payroll, and financial hardware on day one, or face guaranteed refusal.

Our client was UK national who had, prior to deciding to study in Hong Kong, redomiciled his relatively new, yet manifestly profitable business, here from the south of England.

Britain’s loss, Hong Kong’s gain.

His business partner, also a UK citizen, had independently applied for an investment visa some months earlier and had been approved to come and run their business in Hong Kong.

Whilst still small, the company was obviously going places.

Our client, on the other hand, was more interested in furthering his engineering studies in Hong Kong and initially had no desire nor intention to participate in the affairs of the business.

Consequently he enrolled in a Masters Degree programme on a full time basis in a Hong Kong university and was granted a student visa.

This client initially approached us for advice in respect of the lawfulness of him receiving dividends from the business whilst he was in possession of a student visa.

At the time we advised him that, so long as he was not engaged in the management, direction or administration or the affairs of the company, the Immigration Department would perceive the money received as investment income and not an emolument resulting from the holding of any office nor undertaking any work in his business.

Several months later the client contacted us once more.

Whilst he was a full time student, it had transpired that the material he was learning about in his post graduate programme, was directly relevant to his business and, conversely, the activities of his company were now directly relevant to what he was preparing for his thesis.

So he wanted to join in his business in an active way and adjust his study mode from full time to part time.

This required an application to the Immigration Department for him to adjust his status from student visa to an investment visa with special dispensation for him to convert his Master Degree studies from full time to part time.

After about 12 weeks the process of satisfying the approvability test in respect of the investment visa element of the application was effectively complete.

Now it came down to the approval of the university for a change in study mode from full time to part time.

The first run at documenting this change of study mode, resulted in a letter from the engineering faculty, not from the university registrar, and was crafted to appear conditional on the HKID approving this new scheme of arrangement.

For their part, the HKID would not accept this faculty level communication as it was merely conditional and it needed to be definitive.

Our client then went back to the Registrar who communicated with the Head of Faculty who agreed that the change of study mode was acceptable and therefore the Registrar issued the requisite letter.

Consequently,  our client’s case was finalized positively and he was granted his investment visa with the requisite dispensation to study.

Here’s the twist.

Had our client been able to read the tea leaves he would never have applied to study for his Masters Degree full time.

He would have, instead, secured an investment visa from the get go and applied to undertake his studies on a part time basis AFTER his investment visa was approved as, under current immigration policy, a student visa is needed only for a full time course of study.

If you are holding a Hong Kong employment visa or an investment visa you are lawfully able to take up a part time course of study without any specific permission from the HKID to do so.

So going from Student visa to Investment visa turned into a complete palaver as the university knew full well that any part time course of study would not require their participation in an immigration scenario.

As our client was a full time student under their immigration charge, the university became an integral facet of the application which went on to add several weeks and a lot of to-ing and fro-ing with the HKID to get the visa approval over the line.

Complex yes, but credit to the Department, the right immigration outcome was achieved in the end.

You Might Also Be Interested In…

10 Must Have resources for a Hong Kong investment visa application

What’s the situation regarding the need for business premises as part of a Hong Kong investment visa application?

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

The Hong Kong Immigration Department are out to deny – not approve – applications (aren’t they?)

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15

Sep 2012

The Shiny New D-I-Y Hong Kong Visa Kit – Get Yours Today – 100% FREE!

Posted by / in Employment Visas, Family Visas, Hadley Says…, Investment Visas, Long Stay & PR, Refusals & Appeals, Special Programmes, Visitor Visas / 22 responses

Getting a visa to live in Hong Kong can be a complicated process. Understanding what it takes to get your application approved is not easy to fathom as the Hong Kong Immigration Department website is informative but not especially useful.

Instead you can use the free service from the Hong Kong Visa Centre.

In the Hong Kong Visa D-I-Y Kit you get:

(1)    The Hong Kong Visa Application Roadmap which, is a template to produce an application plan.

(2)    4 x 15 minutes video tutorials, one each day for 4 days.

(3)    All the templates, presentations, screen casts, checklists and How To-s of the Hong Kong Visa Handbook, and

(4)    All your questions answered, for free, via Podcast on the Hong Kong Visa Geeza blog.

GET YOUR FREE HONG KONG VISA D-I-Y KIT HERE!

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