Hong Kong Visas Made Easy

01

Apr 2025

What’s The Minimum Capital Required For A Hong Kong Entrepreneur Visa?

Posted by / in Hadley Says…, Investment Visas / 7 responses

Updated October 2026

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

Summary of Legacy Position:

This article contrasts the high-capital, passive threshold of the Capital Investment Entrant Scheme (historically HK$10 million) against the flexible, case-by-case nature of the Hong Kong Entrepreneur Visa (previously known as the Business Investment Visa) . It explains that while CIES set a rigid statutory dollar threshold, an Entrepreneur visa did not legally prescribe a fixed sum, historically allowing viable founders to secure approvals with modest cash in the bank (HK$300,000 to HK$400,000) provided their business story was compelling. But since October 2026, that’s all changed.

Compare & Contrast with the New CIES:

The Widening Gap: The statutory barrier between these two routes has widened dramatically. The New CIES now requires an absolute minimum of HK$30 million backed by a 24-month unbroken audit trail verified by a practicing HKICPA accountant.

A common area of confusion among high-net-worth entrants is whether holding a passive investor visa prohibits them from commercial operations. As Stephen Barnes, the Hong Kong Visa Geeza, has long established across our practice jurisprudence, Hong Kong immigration law permits passive investors to run an operating commercial business in Hong Kong without an entrepreneur visa. However, this unconstrained freedom must be sharply distinguished from the active operational burdens addressed in the Hong Kong Visa Geeza Entrepreneur Visa Advisory. Under the New CIES, an entrant is not required to create local jobs, execute commercial leases, or demonstrate taxable corporate profits to secure extensions of stay; their status rests entirely upon maintaining qualifying portfolio assets. Operating an active Hong Kong trading enterprise remains an unrestricted commercial right rather than a mandatory immigration condition.

The Hong Kong Entrepreneur visa (previously know as the Business Investment Visa) is different from the New Capital Investment Entrant Scheme.

The former requires an applicant to establish or join in a Hong Kong business actively, while the latter is just a matter of passively investing in the HKSAR.

The New Capital Investment Entrant Scheme requires at least ten million Hong Kong dollars while the Business Investment Visa does not require any such minimum.

Instead, you need to have sufficient capital to give effect to a business plan which  will demonstrate to the Hong Kong Immigration Department that you can make a substantial contribution to the economy of Hong Kong.

Of course, this is like asking how long is a piece of string.

So, instead of focusing on a specific minimum number, it is better to produce a set of financial projections that show the following:

1          You can finance the first 12 months of your business and life in Hong Kong using your investment funds through until such a time as you have revenues, then profits, coming into your company.

2         You can create at least 1 or 2 local jobs in the first 12 to 18 months of operation – and have the money to fund your business through to this time – and beyond.

3         You have sufficient capital to give effect to your overall business plan such that it stands a reasonable chance of becoming a solidly entrenched commercial entity in its own right before too long.

So it all depends on your business plan, your prior experience and the overall story.

A Hong Kong Entrepreneur Visa can be approved with cash in the bank at just 300,000 or 400,000 Hong Kong dollars if your story is a good one but be aware, bottom scraping should be avoided at all costs if you want to sleep well at night whilst the Immigration department are considering your application!

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26

Feb 2025

Hong Kong Immigration Department Increase Service User Fees MASSIVELY TODAY

Posted by / in Feature Article, Musing, VG Front Page / No responses

No way?

Hong Kong Immigration Department Increase Service User Fees

New Visa Fee Structure for Visa Applications Effective from 26 February 2025 (TODAY)

Starting from 11 a.m. on 26 February 2025 (the “commencement time”), applicants submitting an application under any of the visa types listed below, will be required to pay an application fee and a visa issuance fee upon approval, based on a two-tiered fee structure.

Applicable Visa Types

The new fee structure applies to the following visas type:

  • Top Talent Pass Scheme
  • General Employment Policy
  • Admission Scheme for Mainland Talents and Professionals
  • Quality Migrant Admission Scheme
  • Immigration Arrangements for Non-local Graduates
  • Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents
  • New Capital Investment Entrant Scheme (excluding applications for unconditional stay or visit visas)
  • Capital Investment Entrant Scheme (excluding applications for unconditional stay or visit visas)
  • Technology Talent Admission Scheme
  • Vocational Professionals Admission Scheme

New Fee Structure

Upon submitting an application under one of the listed visa types, the applicant (principal or dependant) must pay an application fee.

If approved, the corresponding visa issuance fee must be paid according to the two-tiered fee structure before collecting the visa.

Type of Applicant Item (HK$)
Principal Applicant / Dependant Application Fee Per Applicant (non-refundable) 600
Visa Issuance Fee (for a stay of more than 180 days) 1,300
Visa Issuance Fee (for a stay of 180 days or less) 600

Calculation of “Relevant Period”

The “relevant period” under the new visa fees schedule is determined as follows:

Ordinary Visa / Entry Permit

The relevant period is the fixed limit of stay stated on the visa/permit.

Example: If the stated period is 36 months, 24 months, 2 weeks, or 7 days, that period applies.

If the stated period is 6 months or more, the visa issuance fee is HK$1,300.

Last Date Under Limit of Stay

Relevant period = Last date under the limit of stay – Date of visa issuance fee payment.

Example: If the last date under the limit of stay is 31 March 2025, and the payment date is 1 March 2025, the relevant period is 30 days.

Extension of Stay (No Change in Condition of Stay)

Relevant period = Last date under new limit of stay – Last date under original limit of stay.

Example: If the last date under the new limit of stay is 31 March 2025, and the original limit ended on 1 March 2025, the relevant period is 30 days.

Change of Condition of Stay (e.g., Change of Employment)

With no change to the limit of stay: Relevant period = Last date under the limit of stay – Date of visa issuance fee payment.

With extension of the limit of stay: Relevant period = Last date under new limit of stay – Date of visa issuance fee payment.

FAQs

1. Do I need to pay the new visa issuance fee if my application was submitted before the commencement time but approved after?

No. Applications submitted before the commencement time will be charged based on the original fee structure.

2. If my application was submitted and approved before the commencement time but I collect my “e-Visa” afterward, do I need to pay the new visa issuance fee?

No. The original fee structure applies to applications submitted before the commencement time.

3. Will the application fee be refunded if my application is refused or cancelled?

No. The application fee is non-refundable in any circumstance.

4. Will the application fee be refunded if I withdraw my application?

No. The fee is non-refundable, and paying the fee does not guarantee approval.

5. What electronic payment methods are accepted for fee payment?

The online payment service will accept:

  • Credit Cards (VISA, Mastercard, UnionPay, JCB)
  • Payment by Phone Service (PPS)
  • Faster Payment System (FPS)
  • Mainland China Digital Wallets (Alipay, WeChat Pay, UnionPay App)

6. Is there a deadline to pay the visa issuance fee after approval?

Yes. The time limit for payment is specified in the application result notification.

For more details on other visa application fees, please refer to the official Fee Tables provided by the Immigration Department.

Hong Kong Immigration Department Increase Service User Fees

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09

Jan 2025

Unemployed Employment Visa Holders Can No Longer Change To Top Talent Pass Visa Status

Posted by / in Feature Article, Musing, Special Programmes, Top Talent Pass, VG Front Page / 2 responses

Unemployed Holders of Employment Visas Are No Longer Eligible to Change to Top Talent Pass Visa

Focus Appears To Be On Attracting New Talent & Not Enabling ‘Out of Luck’ Existing Talent

 – Click To Download The Guidebook – 

PRACTICE UPDATE: October 2026

Historical Context: The TTPS as an Unconditional Life Raft for Displaced Professionals

Historically, as published by the Hong Kong Visa Geeza in Unemployed Employment Visa Holders Can No Longer Change to Top Talent Pass Visa Status, this analysis addressed the administrative loophole where foreign professionals in Hong Kong whose General Employment Policy (GEP) sponsorships had terminated sought to pivot onto the Top Talent Pass Scheme (TTPS). During the initial phase of the scheme, TTPS functioned as a frictionless, unconditional immigration life raft. Displaced professionals who met the baseline criteria—either earning over HKD 2.5 million under Category A or holding qualifying degrees from eligible global universities under Categories B or C—could bypass the rigid sponsorship constraints of the GEP entirely. Because initial TTPS entry required zero upfront employment, no local business establishment, and no immediate economic justification, terminated workers actively leveraged the policy to secure an unencumbered 24-month limit of stay, freeing themselves from the ticking clock of unemployment and allowing them to reside in the territory without immediate commercial obligations.

Modern Reality: The Pivot from Talent Attraction to Mandatory Economic Contribution

As detailed by the Hong Kong Visa Geeza in Practice Update: Hong Kong’s Top Talent Pass Scheme (TTPS) Moves From Talent Attraction to Economic Contribution, the Immigration Department (ImmD) has fundamentally transformed the TTPS from an open-ended talent acquisition gateway into a rigorous, contribution-focused compliance regime. The era of treating TTPS as a passive holding pattern or an easy alternative to employment sponsorship has been decisively closed. At the extension stage, ImmD enforces an aggressive, hardware-driven economic audit across both available pathways. Under the employment track, ImmD strictly scrutinizes payroll records, assessable Salaries Tax filings, and active Mandatory Provident Fund (MPF) contributions, requiring market-rate remuneration commensurate with elite talent while summarily rejecting shell sponsorships, artificial consultancies, and contrived employment arrangements. Under the business track, for talents attempting to renew via self-employment or business establishment, ImmD applies an uncompromising corporate hardware audit benchmarked against TTPS Category A substance—demanding audited financial accounts, verifiable turnover, dedicated corporate liquidity in a local commercial bank account, an executed commercial tenancy for exclusive premises strictly disqualifying virtual offices, shared desks, and co-working spaces, and active MPF payroll records for local full-time Hong Kong permanent resident employees.

 Strategic Baseline: The Fallacy of the Passive Bridge vs. The Renewal Precipice

Consequently, relying on the TTPS as a convenient status-shelter or treating it as an automatic bridge toward the seven-year Right of Abode milestone represents an acute administrative hazard. Talents who transitioned onto TTPS to escape GEP sponsorship requirements, but who fail to anchor themselves to genuine, highly paid employment or an enterprise-scale operating business before their initial limit of stay expires, face an immediate renewal precipice. ImmD case officers grant no discretionary leniency for passive job searches or nominal corporate shells. Summary refusal at the extension milestone immediately terminates lawful stay, prompts an abrupt exit from the territory, cancels dependent visas, and irreversibly breaks the applicant’s continuous ordinary residence chain required to secure permanent residency under the seven-year rule. Modern TTPS holders must recognize that easy-in entry leads directly to an inflexible hard-to-stay audit: without verifiable, enterprise-grade economic contribution deployed well before renewal, extension of stay is impossible.

In late 2024, the Hong Kong Immigration Department implemented significant yet understated modifications to its Top Talent Pass Scheme (TTPS). These changes have notably impacted the eligibility and application processes for individuals seeking to transition from General Employment Policy (GEP) visas to TTPS status.

Evolution of the Top Talent Pass Scheme

Introduced to attract high-calibre professionals to Hong Kong, the TTPS initially allowed seamless transitions for GEP employment visa holders who met specific criteria:

  • Category A: High earners with an annual income of HKD 2,500,000 or more.
  • Category B: Top graduates with recent work experience.
  • Category C: Top graduates with limited work experience.

This framework enabled GEP visa holders to switch to TTPS status by satisfying the relevant category requirements, offering a two-year period during which they could engage in various employment activities without immigration constraints.

Unintended Consequences

While the TTPS aimed to infuse new talent into Hong Kong’s workforce, it inadvertently provided existing visa holders with a temporary solution to impending visa expirations, especially for those facing unemployment. This loophole allowed individuals to extend their stay without newly contributing to the local talent pool, counteracting the scheme’s original intent.

New Qualification Criteria

To realign the TTPS with its primary objective of attracting fresh talent, the Immigration Department have now introduced a two-stage qualification process for current GEP employment visa holders and Quality Migrant Admission Scheme (QMAS) residents seeking TTPS status:

  1. Stage 1: Applicants must obtain implied consent from their current employer to transition to TTPS status. This involves demonstrating the ongoing existence of the sponsoring employer’s business and the continuation of employment under the GEP employment visa at the time of application.
  2. Stage 2: Applicants must meet the standard TTPS criteria under Category A, B, or C.

This revised process ensures that only individuals with active employment and sponsoring-employer support can transition to TTPS status, thereby enhancing the scheme’s integrity.

More Scrutiny

In response to reports of organized fraud, particularly involving falsified academic qualifications from Mainland China, the Immigration Department has intensified its vetting procedures. All claims of qualifying degrees now require third-party verification, adding extra expense to the process, and there is an increased emphasis on validating evidence of claimed work experience. These measures aim to prevent fraudulent applications and maintain the scheme’s credibility.

Implications

The tightened regulations underscore the HKSAR government’s commitment to attracting genuine talent while preventing exploitation of the system. Prospective applicants should be prepared for a more rigorous application process, including securing employer consent and undergoing thorough verification of qualifications and experience.

Last Words

The recent changes to the Top Talent Pass Scheme reflect Hong Kong’s dedication to maintaining a robust and dynamic workforce by ensuring that immigration policies effectively attract new talent and prevent misuse by existing visa holders. As the city continues to position itself as a global hub for talent, these measures are crucial in upholding the integrity and purpose of its immigration schemes.

For more detailed information on the recent updates to the TTPS and QMAS, refer to the official press release by the Hong Kong government.

Additionally, insights into the government’s efforts to combat the use of false information in visa applications can be found in this news article.

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Why Pay For Professional Help In Your QMAS Application When You Really Can Do It All By Yourself?

100% Hong Kong Visa Application Success Rate? Take It All With A Pinch Of Salt

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01

Jan 2025

Sierra Leone Permanent Residency And Citizenship | A Whole New String To My Bow | GO-FOR-GOLD

Posted by / in Feature Article, Musing, Sierra Leone, VG Front Page / No responses

Sierra Leone Permanent Residency And Citizenship

GO-FOR-GOLD

A New Way to Quickly & Very Cost-Effectively Secure Sierra Leone Permanent Residency And Citizenship

INTERVIEW

How to Design a Residency by Investment Program from Scratch: The Case of Sierra Leone

Jason Black (JB) the press representative of Hong Kong Visa Centre, interviews Stephen Barnes, a leading figure in the immigration sector in the HKSAR with over three decades of experience. Known as the “Hong Kong Visa Geeza,” Barnes shares his insights into the innovative GO-FOR-GOLD Residency and Citizenship by Investment Program, which he helped develop for Sierra Leone. This in-depth discussion explores the program’s inception, structure, and transformative potential for Sierra Leone’s economy and global appeal.

JB: Could you provide an overview of your background and experience in the immigration sector?

Stephen Barnes: My journey in the immigration field spans over 30 years. After graduating from law school in 1993, I launched my career as a Hong Kong immigration consultant, earning the nickname “Hong Kong Visa Geeza” for my innovative approach to navigating immigration complexities. Inspired by Seth Godin’s “Purple Cow” philosophy, my focus has been on creating standout immigration services.

This ethos underpins the GO-FOR-GOLD program, which embodies innovation and utility, balancing the needs of investors and government administrators alike.

Origins of the GO-FOR-GOLD Initiative

JB: How did the opportunity to develop a permanent residency and citizenship program for Sierra Leone arise?

Stephen Barnes: The collaboration was rooted in long-standing relationships with West African legal professionals, dating back to 2012 during Hong Kong’s Capital Investment Entrant Scheme. These connections introduced us to Sierra Leone, which sought a unique Residency by Investment (RBI) program aligned with its economic vision.

President Julius Maada Bio’s aspiration to position Sierra Leone as a regional trailblazer played a pivotal role. His vision encompassed leveraging natural resources to attract investment, diversify the economy, and solidify the nation’s reputation as a progressive and secure jurisdiction. Sierra Leone’s story – a thriving democracy with English as its lingua franca, a robust banking system, and significant human and natural resources -was compelling. However, to attract investment, the country needed an innovative, investor-friendly program that could reflect these qualities.

Program Structure: Residency and Citizenship Pathways

JB: The GO-FOR-GOLD program is quite distinctive. Could you outline its structure?

Stephen Barnes: GO-FOR-GOLD offers a blend of permanent residency (PR) and citizenship opportunities linked to Sierra Leone’s abundant gold reserves. Launched in December 2024, the program allows investors to secure lifetime residency rights by purchasing physical gold, stored securely in government vaults for five years.

Permanent Residency:

  • Single Applicant: $65,000 + 1 kilogram of gold.
  • Nuclear Family (up to 4 members): $75,000 + 1 kilogram of gold.
  • Extended Family (up to 8 members): $100,000 + 2 kilograms of gold.

Residency approval is granted within 40 days, providing swift access to Sierra Leone’s opportunities.

Citizenship Options:

Heritage Naturalization: Designed for individuals of African descent reconnecting with their roots, this pathway costs $100,000, plus $10,000 per additional family member. Approval is typically granted within 60 days.

Fast-Track Naturalization: This expedited option costs $140,000, plus $10,000 per additional family member. The process is completed in 90 days, offering rapid access to citizenship and its associated benefits.

Both options include integration into ECOWAS, granting mobility across 15 nations and access to regional trade and investment opportunities.

Key Design Considerations

JB: What factors influenced the program’s design?

Stephen Barnes: The program’s success stems from meticulous planning:

Legal Framework: Sierra Leone’s Chief Immigration Officer holds discretionary powers to grant residency, which we utilized while ensuring compliance with constitutional and regulatory standards.

Economic Synergy: By tying residency to gold investments, the program supports Sierra Leone’s mining sector and offers investors a secure, tangible asset aligned with LBMA standards.

Accessibility: Remote application processes and streamlined approvals within 40 days enhance the program’s appeal to global investors.

Security: Gold-backed investments and independence from global financial reporting systems provide privacy and stability.

Inclusivity: Extended family packages and pathways to citizenship ensure long-term benefits for multiple generations.

Development Process

JB: What were the initial steps in creating the GO-FOR-GOLD program?

Stephen Barnes: The journey began with a feasibility study covering legal, economic, and social aspects. We engaged with government officials, local stakeholders, and economic experts to align the program’s goals with national priorities. Benchmarking against global RBI/CBI programs informed our innovative approach.

Stakeholder Engagement: Transparent, iterative discussions with officials from immigration, justice, and finance departments were essential. This ensured alignment and trust across all levels of government.

Operational Excellence: We recommended establishing a dedicated administrative unit, integrating advanced technology for application management, and training staff to deliver the program efficiently and securely.

Marketing & Global Appeal

JB: How do you plan to attract investors to the program?

Stephen Barnes: Marketing strategies include participation in global investment forums, partnerships with established Residency & Citizenship By Investment practitioners, and targeted digital campaigns. High-quality content, such as video storytelling, enhances outreach, while the exclusive GFG Club connects investors with local leaders and opportunities in Sierra Leone.

Long-Term Vision

JB: What impact do you foresee for the GO-FOR-GOLD program?

Stephen Barnes: This initiative positions Sierra Leone as a leader in innovative investment migration solutions. By leveraging its natural resources, the program attracts meaningful foreign investment, fosters economic diversification, and enhances regional integration through ECOWAS.

Closing Thoughts

JB: Any advice for other immigration professionals designing similar programs?

Stephen Barnes: Focus on alignment with national priorities, robust legal frameworks, and operational efficiency. Creativity and innovation are essential- each program should offer something unique and impactful. Africa, with its untapped potential, is fertile ground for groundbreaking initiatives.

MORE

The GO-FOR-GOLD Website

The GFG Club – For All GO-FOR-GOLD Investor Stakeholders

How To Apply For PR In Sierra Leone

How To Apply For Heritage Citizenship

How To Apply For Fast Track Citizenship

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30

Dec 2024

Business Investment Visas – A Leg Up For Start Ups In Hong Kong

Posted by / in Investment Visas, Musing / 7 responses

After waaaay too much time had passed I finally made it to my first StartupsHK event held at the Hive last week. Casey Lau, serial entrepreneur and 15 year veteran of the  Hong Kong start up scene, put on a great show last Thursday, which I am pleased to share with you here on the Hong Kong Visa Geeza Blog.
20 years ago, when I started my first business here, straight out of law school, there was absolutely nothing going on amongst young and new-to-business entrepreneurs, beyond the rather muted and tepid ‘young chambers’ and ad hoc business networking circles. Had there been even 1% of the support back then as there is today, I feel certain, knowing what I know now, that at least 3 mistakes I have made in my career would likely have been avoided. And all key mistakes at that.
Thankfully, foreign nationals setting up in business in Hong Kong these days have never had it so good. Help, support, advice, intros, cheap co-working spaces and almost giveaway pricing on professional services are all but one internet click away. Our increasingly connected foreign national entrepreneurial economy is growing a solid pair of legs now. With the ground we’re breaking with our own internet focused service model, along with a couple of tricks we still have up our sleeve, there’s a lot of creative disruption in the making in this town and life is about to get very interesting. It’s a great time to be in business in Hong Kong.
So, go get your investment visa sorted, and come join in the fun!

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24

Dec 2024

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

Posted by / in Family Visas, Musing, Visitor Visas / 7 responses

Prolonged Visitor Visa?

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

Under Hong Kong immigration policy, discretionary stay arrangements for non-traditional families and de facto partners operate within rigid, unyielding parameters where the Immigration Department rarely bends established administrative tests. In A Harsh Decision – Why The Hong Kong Immigration Department Will Not Give My Client A Prolonged Visitor Visa, Stephen Barnes, the Hong Kong Visa Geeza, details the procedural roadblocks encountered when petitioning for an out-of-policy Prolonged Visitor Visa (PVV) for an unmarried partner. While the department will exercise positive discretion to grant a PVV to unmarried life partners who have cohabited overseas, heterosexual partners must satisfy the strict condition that they are “free to marry, but choose not to.” Where an unresolved divorce blocks legal remarriage—even in cases involving substantial commercial investors, multi-million-dollar ventures, and blended families with young children—the department routinely refuses out-of-policy concessions, expecting the trailing partner to rely on ordinary tourist admissions and routine border turnarounds instead. To examine how contemporary immigration frameworks reconcile targeted entry concessions with strict, rules-based administration, Stephen Barnes provides the definitive analysis in Practice Update: The 2026 Immigration Facilitation Scheme – Short-Term Work for Visitors to Hong Kong.

The essential distinction highlighted in the Practice Update is that while the regularised and expanded Short-Term Visitor Facilitation Scheme—spanning 18 designated sectors as of 1 October 2026—eases international professional mobility, it does not alter personal entry criteria or provide an all-purpose relief mechanism for domestic and family challenges. Under the facilitation arrangements, qualifying international specialists invited by roughly 490 government-endorsed host organisations may lawfully undertake pre-approved activities for up to 14 consecutive calendar days without securing a conventional employment visa. However, this facilitation is strictly institutional, activity-specific, and policy-driven; it cannot be invoked by private individuals or families to resolve complex relationship status dilemmas or bypass visitor limitations. As Stephen Barnes makes abundantly clear across both publications, whether navigating an out-of-policy prolonged visitor visa petition or an institutional invitation under the short-term facilitation scheme, the Immigration Department adheres strictly to the letter of its published frameworks. In Hong Kong immigration practice, substantive economic contributions or personal hardship cannot override policy criteria, reinforcing that foreign nationals must fit squarely within established policy parameters to secure lawful, predictable status in the territory.

Exploring the Reasons Behind Prolonged Visitor Visa Denials for Non-Traditional Couples by the Hong Kong Immigration Department


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.

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23

Dec 2024

What Do Both Hong Kong Employment & Investment Visa Applications Share In Common?

Posted by / in Employment Visas, Hadley Says…, Investment Visas / 15 responses

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

Historically, this explainer examined the shared legal DNA between General Employment Policy (GEP) employment and investment visas, emphasizing their common statutory roots under Section 11 of the Immigration Ordinance. Both routes were presented as flexible, narrative-driven exercises governed by administrative discretion: whether evaluating an employee’s specialized skills or an entrepreneur’s commercial coherence, ImmD case officers simply sought assurance that the applicant would not become a public burden and that their presence made common-sense economic sense, often giving founders leeway to bootstrap lean setups without immediate local staff.

The game has changed from a shared spectrum of discretionary flexibility into two completely divergent, hyper-rigid assessment tracks. While standard employment sponsorship continues to hinge on individual qualifications and genuine job vacancies, the investment route has transformed into a non-negotiable institutional audit aligned with TTPS Category A substance. Founders can no longer bridge the gap with narrative parallels to employment visas; they must immediately show HKD 1.5M–2.0M in deployed corporate liquidity, exclusive physical “four walls,” and active MPF payroll for 2–3 local permanent residents. Without meeting these empirical thresholds or securing accredited government incubation, the entrepreneur pathway is completely shut.

The approvability tests for both employment visas and investment visas, whilst fundamentally different, call for an examination of the applicant’s special skills, knowledge and experience which can be said to be of value to Hong Kong.

In the case of an employment visa, the focus is squarely on the personal profile of the applicant, while in an investment visa application, the background of the applicant is only a minor part of the consideration exercise.

You see, for an investment visa, the approvability test looks for proof that the applicant can make a substantial contribution to the economy of Hong Kong.

A small part of this is the applicant’s track record in business, meaning his skills, knowledge and experience which can be deployed to ensure that the business stands a good chance of becoming a solidly entrenched commercial enterprise.

The major part of the investment visa approvability test, though, is the business itself the funding available, commerce in hand and the potential for the creation of local jobs.

But in the case of an employment visa, the quality of the applicant’s CV is vital.

For an investment visa, you can have almost no experience in prior business ownership and still get approved.

For an employment visa, however, no related experience usually no means no visa to boot.

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