Hong Kong Visas Made Easy

01

May 2012

Shareholder in the Company Employing You? What the Hong Kong Immigration Department Think…

Posted by / in 60 Second Snapshot, Employment Visas, Investment Visas / 4 responses

There really is no such thing as visa self-sponsorship if you are an entrepreneur seeking permissions to join in your own business in Hong Kong. You either work for an independent third party employer, or you are working for yourself (or possibly in partnership with one or 2 others). The Immigration Department will look through your efforts to mask the shareholding.

More Stuff You Might Find Useful

Hong Kong  investment visas – the Complete D-I-Y Guide

Hong Kong employment visa – the Complete D-I-Y Guide

Why do ImmD prefer a Hong Kong limited liability company to underpin a Hong Kong investment visa application?

How onerous is the sponsorship role in a business investment visa application?

Is there such an animal as a ‘flexible’ working visa in Hong Kong?

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01

May 2012

‘Temporary’ Hong Kong Investment Visa Approvals – What Does it Mean?

Posted by / in 60 Second Snapshot, Investment Visas / 2 responses

If your Hong Kong investment visa has been approved but the Hong Kong Immigration Department believe your application was marginal, you can expect your visa to be subject to Business Review the first time that it comes up for extension.

An investment visa approved subject to Business Review is bitter-sweet.

Further Content for More Information

Hong Kong investment visa where the funding was running out

Hong Kong investment visa – 3 case examples which would not get approved

Hong Kong investment visas – what’s involved?

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

How onerous is the sponsorship role in a Hong Kong investment visa application?

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01

May 2012

I’ve Lost My Job – What Happens to My Hong Kong Employment Visa?

Posted by / in 60 Second Snapshot, Employment Visas, Investment Visas / 3 responses

You will not get kicked out of Hong Kong now that you’re no longer working for the sponsor of your current employment visa.

Instead, you need to approach the Immigration Department to change employers (which is an employment visa application) or establish or join in a new business (an investment visa application).

This short presentation sets out the road ahead now that the visa landscape has shifted from under your feet.


More Stuff to Help You Along

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

Do I need to work for the same employer in order to get the right of abode in Hong Kong?

Your employer must help you get your Hong Kong employment visa 

What’s the story when you hold a Hong Kong work visa and face redundancy?

I’ve lost my job – will I get kicked out of Hong Kong?

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21

Apr 2012

Realistically, What is the Minimum Number of Points for a Shot at a QMAS Approval?

Posted by / in Special Programmes, Your Question Answered / 12 responses

The Quality Migrant Admission Scheme attracts a lot of interest from the Asian subcontinent, ostensibly because of the ‘if-you-don’t-try-you’ll-never-know’  nature of the programme along with the facts that it costs next to nothing in official fees to apply (compared with, say, Australia where you seemingly have to mortgage your first born in fees to the government even to put an application into the system).

QUESTION

“Mr Barnes, I got to know about your company through some discussions on immigration thread.

Let me introduce myself, am Chirag, 52 years, from Mumbai, India.

Have experience of around 15+ years in areas of marketing/advertising/sales/business development.

Would like to know if I would qualify for QMAS visa.

I have already done the free assessment for visa. I scored 90 points. Details are:

Age – 0 points

Qualifications-bachelor/professional qualification – 30 points  (secured First Class Degree from Mumbai University; also have post-graduate diploma in marketing & sales management).

Experience – 50 points  (my experience of 15 years in the above field).

Language proficiency – 10 points (IELTS exam, band 6.

I would like to know, what are my chances in getting a visa.

I wish to use your services.”

ANSWER

Hello Chirag,

With only 90 points it would appear unlikely that you will receive approval under the QMAS programme.

Our policy is to advise clients to have a minimum of 125 point to be in the running. It is a very competitive Scheme with over 100 applicants each month.

However, if you don’t apply you will never know, but with just 90 points I’m afraid we would be reluctant to accept your case as we would not wish for you to waste your money on our fees when we simply don’t have a strong sense that you would be approved.

In this respect I would advise you to follow the free advice contained in the Hong Kong Visa Handbook, starting with the Visa Information material.

May I wish you the best of luck in your application.

More Stuff You May Find Interesting Or Useful

10 Must Have resources for a Quality Migrant Admission Scheme application

Finally, the HKID shed some light on what constitutes talent for the purposes of a QMAS approval

Why I hate the Quality Migrant Admission Scheme (and you should too!)

Is the Hong Kong QMAS programme just too competitive to be realistic?

The visa dilemma of an unmarried trailing partner seeking to work in Hong Kong

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18

Apr 2012

Hong Kong Employment Visa Self-Sponsorship – the Reality for Entrepreneurs Dressed as Employees

Posted by / in Employment Visas, Hadley Says…, Investment Visas / 2 responses

If you are an entrepreneur seeking permissions to join in your own business in Hong Kong, you can’t fudge the issue of the ownership of your own business

No matter how you dress it up, the Hong Kong Immigration Department will treat you as an entrepreneur-investor if your company is less than 2 years old or if you are a shareholder in the business.

There’s simply no getting around it.

Even if you make like you’re just an employee the HKID will apply the investment visa approvability test in any event so they’ll be looking not so much as your special skills knowledge and experience (even though these are important) but at your ability to make a substantial contribution to the economy of Hong Kong.

A much more onerous test for approval.

More Stuff to Help You Along

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

The anatomy of a ‘slam dunk’ investment visa application -taking just 7 weeks to approval

Why do Hong Kong investment visa applications get denied?

The ImmD are out to refuse – not approve – visa applications (aren’t they?)

10 must have resources for any Hong Kong investment visa application

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13

Apr 2012

Hong Kong Employment & Same Sex Partner Visas – A Joint Application Strategy

Posted by / in Case Study, Employment Visas, Family Visas / 14 responses

 Our clients were a same sex partner couple from Australia.

Susan was a Forex trader working for a boutique trading concern in Sydney and her Life Partner, Judith, owned and operated a small graphics design firm.

Susan was a senor executive in her employer’s organisation and had been tasked with relocating to Hong Kong to establish a new satellite operation in the HKSAR. Judith was planning to accompany Susan for the duration of her relocation which was scheduled to last 3 years.

There were three immigration challenges associated with this particular project:

1 – The business was to be newly established, meaning that the Hong Kong Immigration Department (“HKID”) would have to understand the bona fides of the business from scratch as the sponsor-employer had no previous immigration profile.

2 – The business would be subject to strict SFC licensing conditions which would impact on the timing and availability of visa permissions for Susan.

3 – As non-traditional family, Judith would not be allowed a dependent visa which meant that special focus would have to be placed on the nature of the Life Partnership which Judith and Susan enjoyed to enable a prolonged visitor visa for Judith to accompany Susan during her secondment to Hong Kong.

This necessitated three considerable sets of documentation challenges.

We had to closely coordinate with the blue chip law firm instructed to attend to the corporate establishment and SFC licensing applications, thereby ensuring the new Hong Kong business as employer-sponsor would be able to pass muster with the HKID.

We worked directly with Susan in gathering together the requisite information on her current employer in Australia, for, as an inter-company transferee moving to a newly established business in the HKSAR, the Immigration Department would look closely at the bona fides of the Australian parent operation and take comfort from that profile to be satisfied that, indeed, the newly established business in Hong Kong would essentially be of the same ilk and calibre.

We also worked directly with Judith who managed the exercise of compiling the documentation substantiating the profoundly committed, loving nature of her relationship with Susan AND the fact that her business in Australia would carry on during their stay together in Hong Kong providing an independent means for Judith to contribute to the cost of their joint lives even though Susan would be serving the role of financial guarantor and sponsor for Judith’s residence here.

Given the relatively sophisticated nature of the situation and the very personal, professional qualities of Susan and Judith themselves, the exercise of gathering the documentation was quite straightforward. However, three point to note can be made:

A– The successful SFC licensing of both Susan and the new company in Hong Kong was a necessary pre-condition for visa approval ultimately.

This means that the processes leading to these licenses had to commence BEFORE the application was submitted and expectations set that visas would be granted AFTER the consents had been finalised. It is unreasonable to expect the HKID to authorise employment for unlicensed businesses.

B – There was a chicken and egg type quality to this situation as the SFC license could only be granted to a person with requisite Hong Kong immigration permissions and visas could only be granted where SFC licensing was in place.

Careful timing and coordination of the application paperwork and interactions with the HKID ensured that this conundrum was ultimately overcome.

C – As it happened Judith and Susan each owned their own homes in Australia, although they had lived together in one of them for several years.

Consequently, they were unable to show to the HKID joint property ownership or a residential tenancy in both of their names.

However, they had appointed each other as the sole beneficiaries in their mutual wills some time previously and this fact, together with an array of other documentation which spoke to their obvious current cohabitation, family support for their relationship and Australia tax returns each indicating the other as in receipt of certain family tax benefits, served to overcome this lacuna in their paperwork.

Needless to say, both cases were approved, Susan got her employment visa and Judith her prolonged visitor visa.

More Stuff to Help You Along

Is it better to apply for an employment visa before or after you arrive in Hong Kong?

I have an employment visa and I want to bring my girlfriend to Hong Kong – options please?

The Visa Geeza on RTHK Radio 3

10 Must Have resources for a same sex partner visa application

Understanding the procedure for a same sex partner visa application

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13

Apr 2012

Losing Your Right of Abode in Hong Kong & Then Using eChannels

Posted by / in Long Stay & PR, Your Question Answered / 6 responses

QUESTION

“Can I ask a simple question – do you know of anyone (not Chinese) who has actually lost the right of abode after 36 months absence?

I do know the theory and the provisions in the Ordinance but how about in practice?

I ask because my (Australian) daughter may have lost hers after 38 months absence but how will the loss manifest itself if she arrives say, tomorrow, and tries to enter through the e gate?

I have to tell you that my (New Zealand) husband was informed a while ago that he (not a PR) had lost his unconditional stay status after an absence of 14 months.

He had to enter on his passport. But a few days later he went to Shenzhen using his ID card to leave and then successfully re-entered with his ID card! And now clearly still has unconditional stay!

It seems reality does not always follow the rules.”

 

More Stuff You May Find Interesting or Useful

Redundancy – the process pitfalls of an expiring Hong Kong employment visa

Is it better to apply for your visa before or after you move to Hong Kong?

I’ve lost my job. What about my employment visa – will I get kicked out of Hong Kong?

10 Must Have resources for a successful Hong Kong permanent residency application

Will I still qualify for the right of abode if I worked temporarily in Macau yet lived in Hong Kong for the full 7 years?

PODCAST ANSWER
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