Hong Kong Visas Made Easy

Training, Employment Or Working Holiday – What’s The Best Hong Kong Visa Option For A Recently Graduated British National?

Posted by The Visa Geeza / in Employment Visas, Special Programmes, Your Question Answered / No responses

What’s the Best Hong Kong Visa Option for a Recently Graduated British National?

 

QUESTION

Hi Stephen,

From  May through November 2013 I was employed in a well known and large company in Hong Kong under the training visa for a period of 6 months.

During the end of this tenure the company decided to offer me a permanent position however I had to apply for this job under the employment visa.

Unfortunately this was rejected, as the Immigration Department feel this is a job that can be taken up locally.

I’m 23 years old with one years work experience after graduating from university but really want to stay in Hong Kong now I have embedded myself within the team I was working in and learning all the appropriate skills and practices for the role I was undertaking.

I have now become a highly valued member of my working team.

I want to ask whether already having a training visa then having a working visa rejected would affect my chances of  getting a working holiday visa?

I also have the option to move to Dubai where I have been granted a visa which can be used as a stop gap to get more experience then look to re-apply in Hong Kong.

But as my primary desire is to stay in Hong Kong can I use the working holiday visa as an additional years experience until the time comes that I need to re-apply for a working visa next year?

And how should I re-apply for that differently?

Can you kindly advise what is the best course of action?

Thanks

ANSWER

In the vast majority of circumstances, whenever you have been able to secure a training visa, usually for six months, sometimes for a maximum of twelve months, depending on the nature of the training that you’re due to receive, it is almost impossible to swap from a training visa through to an employment visa because the issue of the training visa was done on the basis that you would acquire the training and then you would leave.

So it’s natural in many instances where you have undergone that period of training, you’ve inculcated yourself into the working fabric of your team there and clearly your manager at the end of the training, doesn’t want to lose you, recognises your talent, wants you to remain in Hong Kong to work full time, and so you make an application for an employment visa.

Now, two challenges associated with that stated is that as part of your training visa application, there is an undertaking that you will leave Hong Kong at the end of the period of training. And the second challenge is that, to actually convert to an employment visa, you have to pass the employment visa provability test, which is you need to show you possess special skills, knowledge and experience of value to and not readily available in Hong Kong.

And normally this requires, at a very minimum, for you to be a university graduate with two years post graduation working experience in a supervisor in a managerial capacity. And normally if you’re in a training visa situation, by implication you’re not managing anybody or supervising anybody. Quite the contrary, you’re on the receiving end of such management and such supervision.

So when you do make that application to a justice status from training visa to employment visa, uh, in your circumstances, it’s quite, uh, normal to expect that you will be, um, refused in that application. So now the question is begged as to how can you continue to remain in Hong Kong so that you can do the things that you’re doing now.

Fortunately, because of the introduction of british nationals to the list of, uh, qualifying nationals under the working holiday scheme, as of December 2013, you can apply for a working holiday visa which will give you a twelve month limit of staying, uh, and you’ll be able to work for any single employer for twelve months.

So the fact that you’ve had a prior employment visa refused and the fact that you’ve previously held a training visa should not, in normal circumstances, preclude you from accessing the working holiday visa on the basis that you do qualify for the working holiday visa in your own right, which is that you’re under 30 years of age, you’ve got about HKD20,000 in your bank account and you’ve got the necessary medical insurance to cover your staying as a working visa holder in Hong Kong.

And that there’s still a quota available to you. That is that a lot of other British nationals haven’t gotten ahead of you and stolen your opportunity to acquire one of those visas because of the number that are issued each year. So have no fear that you can’t get a working holiday visa so long as there’s quota available and you can meet the conditions.

And then once you’ve got your working holiday visa, you can certainly rejoin your working team, and away you go, so that will then take you twelve months down the road. And then the issue is, well, how do you then get from a working holiday visa through to an employment visa again. And will, in all the circumstances, the time that you spent in Hong Kong as a training visa holder and the twelve months that you had as a working holiday visa holder, will all of that again qualify you, ostensibly for the minimum two years post graduation working experience in managerial or supervisory capacity. That’s a question that can really only be answered at the time that you make your next application, depending on effectively what’s gone on in, in all the time that you were holding the working holiday visa. And frankly, whether or not even one year hence, you’ll be able to argue to the Immigration Department that your skills can’t be found locally, because it may well be that the work that you do there could clearly be a ready pool of local employees, potential local employees, new graduates from university or others that have the necessary skills in the industry that you’re working in department might not be persuaded in any event, that given the nature of the work that you do, that work can’t be uptaken by somebody from within the local workforce.

So that’s always a risk and it’s not something that I can give you any concrete advice upon at this stage in the game. All that I can suggest is that once your working holiday visa expires, go back to the immigration department with a new application for an employment visa and argue your case stridently and forthrightly and see what they make of it as another option.

Given that you do seem to have the ability to go off, in this instance to Dubai, to what I assume is a group company to work there, if all else fails, you could  secure employment in Dubai and go spend maybe a year or two in Dubai working for that group company, building up your knowledge, building up your experience, ensure that experience is gained in managing and supervising others and then at the end of that period, you make an application again to transfer back to Hong Kong from that Dubai Group company on an intercompany transferee basis.

And nine times out of ten, if it is a straightforward intercompany transferee application for an employment visa where you clearly now have the necessary post graduation working experience and that given the nature of the work that you’ve been doing for the group company in Dubai, it’s clear that a local person can’t be expected to uptake that work, then you stand an improved chance of approval next time around on the basis that you have been an intercompany transferee.

So all of this sounds really quite long and convoluted and complex, but, strategically, you do have a pathway to your ultimate end game, which is to be working full time, lawfully, for your proposed employer in Hong Kong, doing the work that you clearly love to do; but, you’ve still got a few sort of months ahead of you and a few applications ahead of you before,  you get the security and comfort of knowing that finally, the Immigration Department deem you professional for the purpose of the general employment policy.

And you’ve created the circumstances where you can definitively argue that the work that you’re going to be doing in Hong Kong can’t be taken up by somebody locally. Okay, I hope you found that useful.

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Can You Use The Foreign Domestic Helper Visa To Employ Your Mother In Hong Kong?

Posted by The Visa Geeza / in Employment Visas, Musing, Special Programmes, Your Question Answered / 2 responses

The Hong Kong Immigration Department are not especially receptive to what can appear to be family reunion via the back door…

Can you use the Foreign Domestic Helper visa to employ your mother in Hong Kong?

QUESTION

Hello,

My wife and I are on work visas in Hong Kong and are expecting a baby in the Autumn.

My wife would like to keep working, and wants to bring her mother over (she is from Central America) to look after the baby, possibly for up to a year.

Her mother would only be eligible for a 30-day visitor visa.

Could we employ her as a domestic helper?

Do we have any other options?

Thanks!

ANSWER

Whilst it’s a perfectly logical conclusion to draw that it would make sense to employ your mother or your mother in law as a foreign domestic helper sponsored by you in Hong Kong, unfortunately such an approach won’t hold water with the Immigration Department for a number of reasons. One set of reasons that are specific to the nature of the foreign domestic helper visa and the second reason relates to the nationality of your mother dealing with the nationality issue.

First, the foreign domestic helper visa has been constructed in Hong Kong by the Immigration Department as a result of a series of bilateral negotiations between a variety of different countries that are prepared to allow their nationals to come to Hong Kong to work under very strict conditions as foreign domestic helpers. And principally in this regard strict conditions are relating to the protection of  the interests of the nationals that are going to be coming to do the work under foreign domestic helper visas. So, if you’re from, or your wife’s mother is from a country that does not have such a bilaterally negotiated arrangements in place, then citizens of that country cannot participate in the foreign domestic helper programme, unfortunately.

So given that there are no countries in Central America today that have got a bilaterally negotiated arrangement in place, the foreign domestic helper visa will not be available to her, end of story, unfortunately. But in terms of what the Immigration Department do when they receive applications from very close relatives, effectively they look at these applications with a very let’s say cynical set of eyes because whilst it makes perfect sense to want to have a mother or a mother in law in Hong Kong taking care of a new grandchild, especially during the first year, effectively the Immigration Department will see this as an application for family reunion by the back door because there’s non-permanent residents seeking to have their mother, or a parent physically present in Hong Kong with them, that means that you precluded from  sponsoring such a dependent visa for that would be the visa type that you would normally use because the dependent visa for a parent normally requires the sponsor to be a permanent identity card holder and the parent to be over 60 years of age and with clear proof of dependency.

And in your circumstances this is obviously not going to apply. So the Immigration Department, for another reason are not going to be receptive to an application for a foreign domestic helper visa notwithstanding the fact that there is an expectation that there is going to be an arm’s length commercial arrangement between the two parties in relation to the provision of employment services. Clearly, where you have a family member that’s going to be providing those services, then this is not going to be a typical arm’s length commercial arrangement. So now that we’ve kind of sort of buried the idea that the foreign domestic help of visa might work for you in your circumstances, what are the other options that are available to you?

Well, you could make, and I would suggest that you do this in any event, make an application for an entry visa for your mother in law to come and join you for an extended period of time on the strength of the fact that you are having a child, and it would be exceptionally useful to you to be able to have your mother physically present in Hong Kong for a few months at least to be able to help out with the new child rearing duties. And you do this by making a visitor visa application, as I say, on an entry visa that is not relying on the 30 days that you are granted upon arrival at the airport, but actually setting out in detail all the circumstances that are giving rise to you seeking to sponsor an extended visitor visa for your mother in law.

You may get a three-month limit of stay depending on how the Immigration Department respond to the application. Additionally, you could conceptually make such an entra visa application for her let her arrive and enter on that perhaps, 60 or 90 day limit of stay, depending what the immigration department give you.

And then at the end of that limit of stay, she could make an exit and then reenter again and get another 30 days, and in that intervening period you could make another application for another entry visa, and again get another 60 or another 90 days, and at the end of that limit of stay you could make another exit and possibly do that twice more before you get to the kind of magic number that the immigration department hold to be quite dear.

And that is, a visitor should not be spending more than half of their time in Hong Kong over the course of a twelve month given period. So I think you’re probably going to be able to finagle possibly six or seven months as visitor visa status for your mother in law in those circumstances.

Not exactly twelve months I appreciate, but if you work the system in a good and logical way and set out all the facts surrounding the need for the need for extended visitor status for your mother and the fact that you’re clearly going to be responsible for her health and welfare while she’s here, I think you’ll find that you’ll end up getting a reasonable amount of time that will allow you to be together during these important months, whether you get a full year or not.

Difficult to say, I would suspect probably not. You’ll be testing the Immigration Department’s patience somewhat, if you made a third or a fourth application for an intra visa on that basis; but you know, the Immigration Department appreciate that this is an important time for you and wonder, actually, what’s wrong with having your mother in Hong Kong, helping you raise your new grandchild in the early months of his or her arrival in Hong Kong.

It’s just a matter of working the process, setting out all the facts, allowing the Immigration Department to understand what the reasons are for this extended period of stay in Hong Kong as a visitor, and I think you’ll find that, all things considered, as far as they’re able to help you, they probably will do so.

Okay, I’ve appended the link to the visitor visa information on the Hong Kong visa handbook that will help you navigate the labyrinth of the visitor visa application process that you’ll no doubt be going through. And also, I hope you found this useful.

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Can You Claim Right Of Abode In Hong Kong If Your Deceased Spouse Had PR Here But You Didn’t Live With Him At The Time Of His Death?

Posted by The Visa Geeza / in Long Stay & PR, Your Question Answered / No responses

Is the Right of Abode in Hong Kong passed along to the spouse of a permanent resident such that is claimable after the death of your PR holding husband..?

First Published November 20 2013 – Still of Interest Today

QUESTION

This query is for  my cousin who is an adult.

She was born in Pakistan and got married to a Hong Kong non-Chinese permanent resident.

She has been in Hong Kong many times first after her marriage in 1994 then various times up to  2003.

She has two children one of which was born in Hong Kong.

She currently resides in Pakistan.

She was in Pakistan with her 2 children when she found out her husband passed away in Hong Kong.

She returned once to Hong Kong to verify this,but then came back to Pakistan with her children who were infants at the time.

She now feels able to cope with life in Hong Kong without her husband now that he children are older.

My query: Is there any basis or chance that she may be able to gain right of abode?

I would be grateful if you could help.

ANSWER

As a foreign national seeking to become a permanent resident of Hong Kong, there is a very defined way to go about procuring permanent residency status and unfortunately it doesn’t transfer to the spouse of a deceased permanent resident by virtue of the fact of death, as the Right of Abode in Hong Kong is directly tied to having been continuously an ordinary resident in Hong Kong for a period of not less than seven years immediately before you apply for the status.

So if we look at your cousin’s immigration profile in Hong Kong, it would appear that sometime after 1994 when she got married, assumingly to a person who subsequently went on to become a parent resident of Hong Kong, after 1997 she would have during her time together with her husband have had a dependent visa sponsored by him.

So from the period after 1997, if she did not live continuously in Hong Kong for at least seven years in her own right, then she at best would have at the time that she made her last departure in 2003 have been merely a dependent visa holder, and if that dependent visa on the one hand was not extended whilst she was in Pakistan, and two, even if it had been extended, if she was not having residence in Hong Kong with her husband and indeed her children at that time, it would be very difficult to sustain the idea that she was continuously an early resident in Hong Kong after 2003.

But I don’t have any specific instructions as to what her immigration status was at that point in time, so I will just make the assumption that as of 2003 she was not a permanent resident, and that she would not be entitled to apply for permanent residency by virtue of the fact that she was not resident in Hong Kong. She was indeed at all times after 2003 resident in Pakistan.

So given that her husband subsequently died holding permanent residency for Hong Kong, unfortunately in her own right, notwithstanding her marriage to an individual with that status, if she’s not in Hong Kong herself holding a dependent visa, she can’t claim ordinary residence. So she’ll never be able to qualify for the Rights of Abode. So, unfortunately that closes the avenue in relation to her husband.

You also make the point that one of her two children was born in Hong Kong again without any evidence as to the immigration status of the child; it’s difficult to advise whether this would apply to her or not, but I will make an assumption that one of the children did secure, or at least have the eligibility for the Right of Abode established at the time of his or her birth. And on the basis that, until he’s 21, he can show that he’s been settled in Hong Kong, he will at the age of 21 be able to become a permanent resident in his/her own right.

And on the basis that, your cousin is then over 60 years of age, and this child who is holding the Rights of Abode can show to the Immigration Department that he’s settled in Hong Kong rather than being settled in Pakistan, then that child will be able to sponsor its mother who will be over 60 years of age for dependent visa permissions as a dependent elderly parent.

But thats a couple of  initiatives sort of down the track, as it were. But that would appear to me an option going forward.

It’s not sufficient just to have the status at the age of 21 as a child. You need to have been settled in Hong Kong to be able to be a valid sponsor for elderly parents, dependent visa permissions and then assuming that your cousin comes to Hong Kong, lives in Hong Kong continuously for seven years as a dependent elderly parent sponsored by a permanent resident child who settled in Hong Kong, she will be able to then go on to secure Rights of Abode subsequently. But she won’t be able to do it while she’s living in Pakistan. She’ll have to be in Hong Kong.

I hope you found this useful.

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Will Performance-Based Equity Compensation Suffice Instead Of A Cash Salary For A Hong Kong Employment Visa?

Posted by The Visa Geeza / in Employment Visas, Investment Visas, Your Question Answered / 2 responses

To what extend the salary can be replaced with performance-based equity compensation in case of a Hong Kong employment visa?

No one has asked me this type of question about compensation for employees for about 17 years now so I’m grateful to the questioner for raising it as she did.

QUESTION

I have successfully registered a business and been awarded an investment visa in Hong Kong.

The company is a start up with limited capital but big plans.

I have identified an individual I’d like to employ, have no doubt he would pass the approvability test, and don’t expect to have issues around quotas.

However my business cannot yet afford to pay a meaningful salary.

I’d like to compensate the individual with equity until such time as the business is generating enough revenue to pay market salaries – a situation both parties are completely happy with.

Is there any ability to sponsor an employment visa given this arrangement?

ANSWER

What a truly excellent question. And I’m sure that most entrepreneurs that have successfully secured an investment visa might at some stage look for the assistance of a third party foreign national to come into Hong Kong to assist them in their plans, and are obviously looking at an equity for compensation arrangement if that will in fact pass muster with the immigration department.

So the essential answer to the question is that yes, it is possible to have equity as a component for the compensation instead of salary, but it must not replace the salary under the General Employment Policy. The approvability test is effectively meaning that the Immigration Department are looking for a basic salary, and that basic salary should come in at the minimum levels, give or take HKD16,000 a month.

So if the value of this time is to be compensated in such a way that anything over the HKD16,000 a month is going to be reflected in an equity grant, then the Immigration Department should buy into that. So probably without too many questions asked on the basis that it’s properly documented and for all practical purposes, the party that’s receiving the equity grant is being compensated ostensibly for the professional nature of the contribution that he’s making.

So ensure that there’s a basic salary and anything above that compensated with equity grant should be fine. Of course, hanging above all of this writ larger were is what the Immigration Department will make of the application when it comes in. Given that, you’ve, I assume, just recently had an investment visa approved, did the potential for this engagement of this foreign national was it reflected in the representations that were made to the Immigration Department as part of your investment visa application? So will this come as a surprise to them or was it anticipated at all times? And how far along have you actually been able to progress your business since the fact of your investment visa approval in accordance with what the Immigration Department were expecting of you when they granted your approval.

So you need to look at where you are in the business,in addition to the individual special skills, knowledge and experience of Elliot and not really available in home to understand how the Immigration Department might respond to this questions such as, you know, have you recruited anybody else locally or is in fact this your first employee?

And as I say, if it is your first employee, was it anticipated in the business plan that the department saw from you originally? So take his application in the round when you’re considering structuring your argument, but also anticipate that as long as he’s getting the basic salary of about HKD16,000 a month with, the balance of his compensation being reflected in an equity grant it should be fine. I don’t imagine that you have too many problems. Okay.

I hope this helps.

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Is There A Minimum Number Of Days You Need To Be In Hong Kong In Order To Maintain Your Investment Visa Status?

Posted by The Visa Geeza / in Employment Visas, Family Visas, Investment Visas, Long Stay & PR, Special Programmes, Your Question Answered / 4 responses

Hong Kong is a small place with borders on our doorstep so how much time do you need to be physically in Hong Kong to retain your Hong Kong investment visa?

QUESTION

I would like to know, if I am able to hold a visa in Hong Kong, then what is the minimum time per year I need to stay in Hong Kong to still qualify as a resident?

I travel a lot, but am looking to set up a business in Hong Kong and would like to become a resident in Hong Kong but am afraid I might be out of the country in large periods of time.

Thanks

ANSWER

Really good question, this one. And I think you might be surprised at the answer in actual fact. As part of an application to secure a residence visa, in order to establish a business in Hong Kong, you need to go through the processes of showing you can make a substantial contribution to the economy of Hong Kong and get yourself a business investment visa.

And, at the time that you make the application, there’s no need to disclose to the Immigration Department exactly how much time you think you will be spending inside Hong Kong and how much time you think you’ll be spending away from Hong Kong. So the emphasis at the point of application should be on passing the approvability test.

Therefore, assuming you get approved, if you then go on to spend the majority of your time outside of Hong Kong, this doesn’t need to be a preclusion to getting your extensions. As you go through the one, two to three year pattern extension process after your initial approval, so long as you’ve got a really good business reason for being away from Hong Kong, as long as you have been.

Upon any review of your business undertaken as part of the investment visa extension exercise, you can clearly demonstrate to the Immigration Department’s satisfaction that you are indeed making a substantial contribution to the economy of Hong Kong. So, with the investment visa, indeed, for that matter, all residence visas, you must demonstrate that you have a need for the visa, and that is that you intend to be genuinely resident in Hong Kong. And if you can satisfy the Immigration Department about your genuine need, the question of time spent inside and also away from Hong Kong will really only present itself as an issue for you for deep consideration at the seven year mark when you’ve been continuously an ordinary resident in Hong Kong for not less than seven years, when you make your application for permanent residency, seeking to secure the right of abode, because the test for the right of abode says that any absences from Hong Kong in that seven years, either of a longer or short duration, must have been of a merely temporary nature, as evidenced by what you leave behind to return back to at the end of each temporary stay abroad.

So typically, so long as you’ve got a genuine need to be resident and you’ve got a really good excuse or reason for why you’re spending a lot of time away and you’re maintaining the qualifying criteria all throughout the seven years that you, in this case, hold your investment visa, the time spent away shouldn’t represent itself as a problem.

However, come time to secure permanent residency, you will probably have a lot to answer for; and whilst it doesn’t suggest that automatically you might not get permanent residency, the analysis of what you’ve been doing while you spent all that time away from Hong Kong during those seven years will very much come into play.

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Can I Study Then Get Married All Whilst Holding A Hong Kong Employment Visa Sponsored By A Company I No Longer Work For?

Posted by The Visa Geeza / in Employment Visas, Long Stay & PR, Your Question Answered / 4 responses

Life in Hong Kong throws up many new opportunities and this question seeks to understand the implications for 7 years continuous residency in respect of an eventual right of abode application where an overall switch over in life plans sees a lady intending to relinquish her employment visa for a student or dependant visa …

QUESTION

I am a Canadian citizen living in HK. I have an employment visa and want to leave my job. My fiancee (Canadian citizen) has an employment visa and we will be married in 10 months.

1. Can I leave my job (my employment visa has been extended until 2014), stay in HK on my employment visa until the wedding, and then transfer my visa to a Dependent visa linked to my husband?

2. Will this 10 month gap of non-employment, (even though I have 2 valid years left on the employment visa) count as a break in the 7 year continuous living requirement for permanent residency? I will remain in HK.

3. Will a dependent visa still count towards permanent residency?

4. Does permanent residency need to come from only one type of visa, or can it come from multiple visas?

5. Is there any benefit to having an employment visa over a dependent visa for permanent residency or privileges as a HK resident?

6. Can I attend a HK based university under the employment visa or must I change the visa to a student visa?

7. Will the time between the date of resignation and the beginning of my student visa (if I choose to do this, possibly 4-6 months) break the continuous living requirement for permanent residency?

ANSWER

I really love it when questions like this are laid out so logically and sequentially because I can just get to the height of the question without worrying too much about the facts to ensure that my advice is as accurate as it can be. So, cracking on number one question, the answer is yes. The moment you stop working for your current employer, your ability to continue to work in Hong Kong ceases at the point of your employment termination, but the privilege to resign continues on.

So, as long as in that time you’re maintaining all the vestiges of settlement in Hong Kong, then for all practical purposes the fact that you are not going to be working whilst you have an employment visa with a limited stay that’s still valid should not break your continuity of residence, specifically or particularly if you’re going to be preparing for nuptials in that time.

So, yes, you can transfer from employment visa to a dependent visa and expect that it’s not going to break the continuity of residence, which effectively answers your second question, as long as, as I said, you can show that all throughout this time you have been continuingly engaged in activities that can be said to suggest that you are settled in Hong Kong, and, as I said, preparing for your nuptials to a Hong Kong resident is certainly good evidence of this. So, yes, you’ll be fine in that regard.

The time spent as a dependent visa holder will definitely count towards permanent residency, so long as you’re going from your employment visa into your dependent visa back to back any state of administrative flux in relation to your change of immigration status should not preclude you from qualifying/having that time qualify under the seven year rule.

In reply to your question four – effectively you need a residence visa, and that residence visa can be reflected in any kind of visa other than visitor or indeed any of the other categories, such as a foreign domestic helper or if you’ve been admitted under the supplementary labour scheme. People admitted under these programmes do not have the privilege of being able to count time spent as a whole holder of that type of visa for the purposes of continuous ordinary residence. So, yeah, going from one employment visa to a dependent visa is not going to be a problem for you.

I think I’ve answered the question five – if there’s any benefit in having employment visa or the dependent visa for permanent residence privileges of Hong Kong resident. No, it doesn’t make any difference. It’s all about the act of settlement.

In reply to your question number 6 – Well, under the employment visa, you’re entitled to join in a part time course of study. If it’s your intention to engage in a full time course of study, then you need to relinquish your employment visa and change to a student visa. So for all practical purposes, in your circumstances, time spent as a student, which would then subsequently adjust to dependent (once you’ve got the marriage to your fiance out of the way) all of that will count as good time for ordinary residence purposes when it comes to your right of abode application.

Subsequently, and finally, the answer to your last question is again no. As long as you can show that you’re engaged in the act of settlement or continuing engagement in the act of settlement throughout all of this time, then it will not break your continuous ordinary residence for the purposes of a right of abode application.

Problems only ever come into play with breaking continuous ordinary residence, if you effectively relinquish your residence visa status and don’t do anything about reinvoking it or reinstating it, I should say within a very quick period of time after it’s expired. But if you’ve got continuous back to back residence visas throughout all of this time, and the ordinary pattern of your life suggests that you have been settled in Hong Kong throughout all of this time and in fact, any absences from Hong Kong during this time have been of a nearly temporary nature, as evidenced by what you leave behind to return back to at the end of your temporary sojourn abroad. And at the time that you make your application for permanent residency, you can show that you’ve got back to back tenancy agreements or you’ve got residential accommodation arrangements in place, for example, such that you bought your own property. And you can show that as long as you can show that you’ve got your tax returns all in good order and that, for all practical purposes, you’ve got an obvious manifest pattern of normal continuous ornament residence in Hong Kong throughout those seven years. The plans as you set them out for me in your list of seven questions suggest that you won’t have any problems at all when it comes time to making your application proponent identity card.

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I Want To Live In Hong Kong With My Boyfriend – Is The Working Holiday Visa A Viable Option?

Posted by The Visa Geeza / in Special Programmes, Your Question Answered / 10 responses

Sometimes, the sun and the moon align beautifully on a set of circumstances to allow an unmarried couple to spend time together in Hong Kong when ordinarily visa circumstances conspire against them. Not on this occasion, however!

QUESTION

“Hi there,

I have just recently returned from Hong Kong to Canada where I am a citizen.

My boyfriend lives in Hong kong and I have travelled there 3 times in the past 2 years to see him only as a quick 2 week holiday each time.

Covid is a problem for us now obviously.

We frequently talk about me moving to hong kong to live together.

Obviously if I was to live in Hong Kong I would have to find work and have an income. I guess the reason for me sending you this message is to find out which is the best visa application for me to look into?  

I had hoped to maybe stay there for up to 1 year.”

ANSWER

In your situation, it would seem that the working holiday visa would be the ideal solution for you.

The working holiday visa is available to Canadian citizens as well as to a number of other different nationals, and the premise of the working holiday visa is to allow the holder a primary intention to holiday in Hong Kong and it’s available to you if you’re aged between 18 and 30 and that you can show sufficient proof of having – in the case of a Canadian, HKD15,000 in your bank account to fund your proposed stay in Hong Kong.

You also need to show that you have a return air ticket when you arrive and also that you have got medical and comprehensive hospitalisation and liability insurance in your name. On the basis that you can satisfy these requirements, you can get a working holiday visa.

The working holiday visa effectively gives you a twelve-month limit of stay in Hong Kong where you can come to work for up to four employers during your time in Hong Kong, with an absolute maximum of three month stay for each employer.

And there is a quota. So, you do have to get your application in good order each year, and the quota for Canadian citizen is 200.

Making the application is very straightforward: you can download the application form from the website – the requisite link is attached to this post on the blog so that you can know where to go for the information, you submit the application directly to Immigration Tower by post. NB, you must be in Canada at the time that you will file this application and you must be ordinarily resident in Canada at the time. But as you’re a citizen- as stated in your question, I don’t think that’s a problem.

Therefore, on the basis that there’s quota available and you can show that you’ve got the money and that you are applying whilst you’re in Canada and you’re ordinarily resident in Canada, I don’t see any problems as to you moving forward with a successful application for a working holiday visa.

It would certainly appear to be the suitable solution in your circumstances given that you only intend to stay for one year in any event; and certainly in that time, it will then allow you to get some relationships moving with employers and understand how Hong Kong operates from an employment perspective, and assuming that you qualify separately for an employment visa in due course, on the basis you can get yourself a job offer, then reason why you could entertain, subsequently, an application for a full employment visa in your own right, once your working holiday visa term has come to an end.

I think that’s a solution for you. All the best!

The Hong Kong Working Holiday Visa Information on the Hong Kong Immigration Department Website

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