Hong Kong Visas Made Easy

Can I Remain In Hong Kong As A Visitor After My Employment Visa Expires?

Posted by The Visa Geeza / in Employment Visas, Visitor Visas, Your Question Answered / 1 response

Simple question this one with an easy answer and indicative of the fact that, even though quite a straight forward issue, the information is not otherwise readily available anywhere else on the web.

QUESTION

I am a Canadian citizen, working in Hong Kong holding an employment visa for 7 weeks. I want to stay after my job is finished (work visa will expire at the same time) to see Hong Kong, then travel to Macau and Thailand.

Do I need to have my visa changed from employment to visitor?

Thank you so much for your help.

ANSWER

At the time that your employment visa limit of stay is due to expire, if you don’t have the continuing rationale for remaining in Hong Kong as an employee, because your contract has come to an end and in any event, it was just a short term employment visa;nonetheless then, for you to remain in Hong Kong as a visitor will not be problematic at all, but there will be a process that you need to go through in order to achieve this outcome.

There are two ways to go about doing it. The first is to go down to the Immigration Department to the visitor extension section, wait probably three quarters of a day, and get yourself up to a maximum of possibly two week visitor visa extension upon request of an immigration officer going through the visa extension process, and they will readily grant you, no doubt, a two week extension to your present limit of stay, converting you from an employment visa holder to a visitor at that time.

So that should not be problematic at all. The real problem there, of course, is that even it’s going to take a long time, it gets very busy. And the visitor visa guys at the Immigration Department are  under a lot of pressure and they tend to be somewhat brusque in the way that they process such applicants. But you will get the extension, so don’t worry about that.

Alternatively, and ideally, what I would suggest that you do is – on the final date of your current limit of stay as an employment visa holder, take in a sense the 11:00 evening ferry over to Macau. Arrive in Macau and come back from Macau into Hong Kong on the very next ferry, which will bring you into Hong Kong on the next day, the day after your current limit to stay as an employment visa holder expires.

And at the point of arrival, the immigration officer will only be able to grant you a visitor visa because that’s the only status that will be open to you, given that your employment visa will have expired the day before. And as a Canadian national, you will get a 90 day period of stay; and that’s the same for most western nationalities, such as most Europeans and also Americans for that matter. And, at that point, you’ll be then granted the time that you need in Hong Kong to complete your final activities here as a visitor. Okay, I hope this helps.

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How Do I Go About Setting Up A Side Business To Complement My Full Time Hong Kong Employment Visa?

Posted by The Visa Geeza / in Employment Visas, Your Question Answered / 36 responses

Foreign national employment visa holders in Hong Kong are quite often interested in setting up a side business…

QUESTION

I am currently employed full-time by a company in Hong Kong. They successfully sponsored my Hong Kong employment visa and I just started my job 2 months ago. All is going very well.

But I would like to register my own business, because I see a chance to act as middle-man for service exchange between China and Europe, and would like that to be done in an official, legal manner.

A recent podcast answer of yours said it would be possible for me to request permission to join in a “side business”.

Does a “side business” involve getting others to register the company, and joining as partner?

Or does it simply mean I can register myself but there are restrictions on what I can earn or do?

Can you please advise on how I can actually go about setting up a side business and then getting the permission of Immigration here to be able to do this?

Best regards, and thank you for sharing your expertise in this manner.

ANSWER

I’m really grateful for this question because it gives me an opportunity to discuss how one goes about establishing a side business. If you’re here as an employee sponsored by an employer and your employment visa has been granted for you to do the work to that employer, but the side business has attractions to you and so you wish to get the permission of the Immigration Department to joining that side business to supplement what you’re doing with your formal full time employment.

Firstly, to establish a side business, you need to get the permission of your existing employer in writing, stating that they have no objection to joining in the side business. And then you need to ensure that you have a business entity properly registered in Hong Kong to your name, not to business partners as such, although you can have partners in a side business, but normally the Immigration Department are expecting that your side business is you doing some stuff that is in addition to your primary employment, as I say, that your current employer has no objection to engaging in.

So you register, typically a sole proprietorship, which is the simplest form, a business entity in Hong Kong with the Commissioner for Inland Revenue, which means you go down to the revenue tower in Wan Chai, which is next to Immigration Tower, and apply for business registration certificate, which is a simple exercise, filling in some forms and presenting a copy of your Hong Kong identity card and away you go.

At that point you’ll be issued with a business registration certificate once you’ve paid the fee, which is a little over HKD2,000, which is an annual fee, by the way. And once you have got your business registration certificate, you then effectively write to the Immigration Department seeking their permission to join in as side business with the consent of your existing employer.

And that application bundle itself will be including the letter from your employer, a copy of business registration certificate, short synopsis of what you’re planning to do with your side business, and showing also that your activities will contribute to the economy of Hong Kong. So that’s inimical to your argument. It’s not a long and complicated process. It’s relatively straightforward. The vast majority of these applications do get approved by the Immigration Department on the basis that it’s merely a business on the side. It’s not going to in any way conflict with your primary employment activities, which, after all, are the reasons why you’ve been granted permissions to remain in Hong Kong in the first place. That application process normally takes about four weeks to finalise, so it certainly doesn’t involve anybody else assisting you in respect of this side business. It’s expected that you’re going to be undertaking this business by yourself, as I say, as a supplementary activity to your core employment activities with your sponsoring employer.

Okay. Hope you found that useful.

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If I Hold An Employment Visa In Macau And Hong Kong Simultaneously But Live In Hong Kong Should My Wife Get A Dependant Visa For Macau Too?

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

Life can get a bit complicated if you work in 2 places at the same time…

QUESTION

I work for a Hong Kong company in Macau and my wife is my dependent in Hong Kong where we live.

My colleague was the same but has now been employed by a Macau company.

Does this change his wife’s dependency status in Hong Kong?

And should she become a dependent in Macau?

He is, as myself, a Hong Kong resident.

Thanks!

ANSWER

The real crux of the issue here is if your friend is going to secure an employment visa in Macau and is going to be physically resident in Macau. And clearly, in that case, he wants his spouse also to be resident with him in Macau. If during this exercise, the employment arrangements in Hong Kong for your friend terminate, and at the time that his next employment visa extension for Hong Kong, when that comes due, he doesn’t have a Hong Kong employment, then he will not be able to secure an extension to his employment visa in Hong Kong, even if he has an employment visa in Macau.

And consequently, his wife, who has a dependent visa sponsored by him on the basis of his employment in Hong Kong, will not be able to get an extension to her dependent visa. So that will effectively leave her in a kind of immigration limbo between Hong Kong and Macau without any specific residency permissions, unless she goes ahead and makes an application to get a dependent visa on the strength of her husband’s employment in Macau, that’s a Macau dependent visa, not Hong Kong dependent visa.

So in reality, if they’re going to be living in Macau, then she needs a dependent visa to support her husband there, which will be granted on the strength of the fact that he’s got an employment visa in Macau; if he doesn’t have an employment visa in Hong Kong, as I say, she won’t be able to get a dependent visa for Hong Kong any longer because the conditions that are in play for successful application won’t exist.

Therefore, she’ll need to get a dependent visa for Macau. You can’t live in Hong Kong and have a dependent visa in Macau, and you can’t live in Macau and have a dependent visa in Hong Kong are two separate jurisdictions. It isn’t immediately clear, however, from your question, when you say that he’s a resident of Hong Kong, whether he’s a permanent resident or he’s in fact an employment visa holding temporary residence, the initial advice that I’ve given you is on the assumption that he’s a temporary employment visa holding resident.

If, on the other hand, he is a permanent resident, then he will be able to sponsor a dependent visa for his wife, notwithstanding the fact that he continues to work in Macau or will be working in Macau for the foreseeable future. So that kind of takes care of all of the issues in relation to dependent visa states and the circumstances and facts, if you essayed them.

One important thing to remember in all of this, however, is  for any applicant that is planning to go on to secure a permanent residency in Hong Kong with the strength of having been continuously nor resident in Hong Kong for a period of not less than seven years, needs to appreciate that both Hong Kong and Macau are separate immigration jurisdictions.

And if you are living in Macau while still holding a residence visa in Hong Kong, and the amount of time that you are spending in Macau overshadows the time that you spend in Hong Kong and you are unable to show to the Immigration Department that you have been settled in Hong Kong throughout all of this time, even though you’ve been holding a residence visa for Hong Kong, but you’ve been physically living in Macau, time spent in Macau, unless you’re very careful about how you construct your affairs, may serve to break your continuity of ordinary residence for a Right of Abode application subsequently.

So, as I said in the title to this post, life can get a little bit complex where you’re effectively living in one place, but potentially working in two countries, or if you are indeed working in Hong Kong presently, and in the thrills of relocating to work in Macau, it can get a bit messy, a bit complicated.

But that notwithstanding, I hope you found this useful.

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How Does Time Spent Between Residence Visas Impact On Your Eligibility For The Right Of Abode In Hong Kong Subsequently?

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

Does time spent ‘between’ residence impact on your eligibility for the Right of Abode in Hong Kong after 7 years ?

QUESTION

I am a Canadian citizen living and working in Hong Kong for the last 4 years.

My employment has ended and I have not yet been able to obtain a new offer of employment in order to arrange for a change of sponsorship.

Since my authorization for stay expires on 4 January 2015, I anticipate I will need to exit and re-enter as a visitor in order to continue looking for employment.

With a mind towards eventually hopefully applying for PR status, am considering the possibility of registering for language lessons in a suitable program and applying for a student visa.

The provider has verified they can sponsor a student visa for a certain length of course.

I am still under my current apartment contract in Hong Kong.

My question is, if I can file the student visa application on or before the expiration date of the work visa, will that be sufficient to support a claim later to claim the time as ‘ordinarily resident‘ in Hong Kong until I can find other suitable employment?

What if the student visa application is filed within 2-3 weeks after the expiration of the employment visa?

Finally, will transitioning from employment, to student, back to employment visa be a liability in an eventual PR application, or will ImmD only look at the fact that the time in HKSAR has been covered by residence visas with only minor ‘visitor’ breaks in the middle while the paper work is being processed by Immigration Tower?

So, all things considered, does time spent ‘between’ residence visas like this impact on eligibility for the right of abode in Hong Kong allowing me to qualify for PR after all?

Thank you.

ANSWER

Yes, you’d be surprised that this question presents itself in many guises quite often, and the answer is actually quite favourable for you given your circumstances. The Immigration Departments are looking for settlement from an applicant for the Right of Abode after seven years, because the test for approval is continuous ordinary residence for a period of not less than seven years, where any absences from Hong Kong in that time have been of a merely temporary nature; and if you find yourself not having a residence visa, qualifying under the concept of ordinary residence for a state of what I’ve called administrative flux, where you essentially are spending time on a visitor visa rather than a formal residence visa, due to you essentially moving from one visa category to another as you organise the permissions of the Director to allow you to undertake new residence type activity here, that time spent during a state of administrative flux doesn’t break your notion of settlement as long as you’re physically in Hong Kong during that time, and from an immigration perspective, earnestly trying to bring about the circumstances that will allow you to continue to reside in Hong Kong.

So in your instance, if your employment visa is about to expire and you decide that you’re going to become a student, then as you transition from your employment visa to your student visa, holding a visitor visa in the interim, then the Immigration Department will not allow that to break your continuity of ordinary residence.

And similarly, when you finish being a student and go back to employment, as long as you’re physically in Hong Kong and you’re not abandoning your settlement, and you’re earnestly trying to bring about the circumstances that allow you to argue that you’ve been settled in Hong Kong, that the time spent on visitor status, as I say, moved from one status to another, resident status to another, doesn’t break your continuity as long as you’re clearly settled throughout all of that time.

So essentially you don’t really have any problems, I would say as long as you are not on visitor status, if that’s what you need to hold. While the circumstances present themselves for you to get your student visa or subsequently your employment visa, you’ll find that your continuity of ordinary residence at the seven year mark will not be broken.

So, the amount of time that you cite in your question, two to three weeks after your employment visa ends, before you get your student visa issued, that’s certainly not going to break your continuity of ordinary residence. In my experience, it’s usually no more than three or four months visit or status that presents itself as a problem.

So, if you find yourself with a visitor visa that is going to be sort of three knocking on four months old, I would be a bit circumspect about trying to get yourself a residence visa as soon as you possibly can. But otherwise, in the circumstances as you’ve described them in your question, I don’t believe you’re going to be breaking your, continuity.

And I hope that it all comes good for you in a good timeframe, so that you don’t have to worry about it too much later down the track when you make your application for the Right of Abode at seven years.

Okay. I hope you found that useful.

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What Happens To My Potential For The Right Of Abode In Hong Kong If I Leave My Job A Few Months Before My 7 Year Anniversary?

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

So, if you plan to leave your job a few weeks before your 7 year anniversary how will this impact on your application for the Right of Abode in Hong Kong?

QUESTION

I‘m Australian, and have an employment visa in Hong Kong currently, but I wish to resign from my present job.

Having said that, I might not be able to apply for a new employment here so soon, but I wish to get right of abode in HK.

My 7th year anniversary is in July 2015.

However, if I resign now, my employment will cease in April; my resident visa ends 2016 Jul.

A few queries:

1. Will my employment visa expire when my employment ends and will I still be able to stay in HK after April?
2. If I stay in HK unemployed till July, can I still apply my right of abode then?
3. If I leave HK in April, and return to HK in July, can I still apply for the right of abode in Hong Kong then?

Many thanks!

ANSWER

This question seems to raise its head very frequently, and I’m pleased to be able to address it one more time in the context of these circumstances. So, just to recap, when you get an employment visa, you get two privileges. You get the privilege to work and you get the privilege to reside.

The privilege to work is limited to the sponsoring employer. When you stop working for your existing employer, your privilege to work ceases, but your privilege to reside continues until your current limited stay expires, in this instance sometime in 2016, or until the Immigration Department take it away from you.

Well, the Immigration Department very rarely indeed take this status away from you. So, if it’s your intention to cease working for your existing employer in April,  but you’re then going to have a continuing limit of stay manifested in your passport that allows you to reside through to July 2016, some 15, 16, 17 months later.

And clearly you’re going to be in the driving seat to maintain your residence in Hong Kong for the purposes of your Right of Abode application, where the test for approval is, you need to show that you’ve been continuously and ordinarily resident in Hong Kong for a period of not less than seven years, where any absences from Hong Kong in that time 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.

Moreover, you need to have had back to back residence visas in Hong Kong in order to qualify and you need to be clearly settled in Hong Kong at the point of view making your application whilst you’re also making a declaration. To the extent that you’ve taken Hong Kong as your only place of permanent residence, so insofar as you leaving your employer in April goes, and then qualifying for seven years anniversary of continuous ordinary residence come July of this year, then you’re certainly in the driving seat to progress with that application, notwithstanding the fact that you don’t have an employment in play at the time that you do make your application at the seven year anniversary mark, bearing in mind that you need to show to the Immigration Department that you remain settled in Hong Kong, you need to be a tad circumspect about quitting in April and then going off on a jolly around the world doing all kinds of interesting things and thinking, well, then I’ll just drop back into Hong Kong around about the seven year mark, push forward my application for the Right of Abode.

As I said, I suggest that you be a tad circumspect about this, because your rationale for the residence that you’ve got is employment. Now, if you cease working for your employer prior to you having converted through to permanent residency, the onus is on you to show to the Immigration Department that during the weeks and months in the wake of you having left your existing employer, you’ve attempted to bring about the circumstances such as you can, to re invoke the essential rationale for you having been granted that visa in the first place, which in your instance, clearly is an employment visa.

So, yeah, by all means, you can go off and take some time away. It’s fairly reasonable. You stop working and you want to go for sort of blow out the cobwebs, that’s perfectly okay. But it’s really important to understand that you’ve got to leave behind in Hong Kong all the vestiges of your ordinary life such that you can return back to it and pick up from where you left off once you have been able to clear a pathway for your future endeavours here.

So, yeah, just to answer your question specifically, one by one, will your employment visa expire when your employment visa ends, and will you be able to stay in Hong Kong after April? Yes, clearly, as I’ve just explained, you will be able to do that; and if you’re in Hong Kong in July and you make your application for the Right of Abode, but you don’t have an employment at that point, yes, you can make your application, but stand ready for the Immigration Department to possibly come back and ask you some questions about what you try to do to bring about the circumstances for continuing employment in Hong Kong so they can be satisfied that you haven’t in any way abandoned your settlement with your determination to leave your work.

And then finally, if you leave Hong Kong in April and return in July, can you still apply for the Right of Abode in Hong Kong? Yes, you can. But again, the onus is on you to ensure that if the Immigration Department need evidence as to the state of your mind when you exited Hong Kong in April, that it was your intention to depart temporarily only and not leave on a permanent basis.

And that gets to the heart of settlement. So I would advise that if you’re going to go off, then leave behind in Hong Kong all the vestiges of your ordinary life, not least your accommodation arrangements and a mobile phone and everything else that goes with that. So that once you’ve blown off the cobwebs and you do return to Hong Kong, you’re in a position to make your application for the Right of Abode without compromising the notional idea of settlement at the time that you make that application, given that you won’t be in gainful employment at that moment in time.

Okay. I hope you found that useful.

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Does My Child Get The Right Of Abode If She Wasn’t Born In Hong Kong But I Have The Right To Land?

Posted by The Visa Geeza / in Family Visas, Long Stay & PR, Your Question Answered / 7 responses

A relatively straightforward answer to, what can be, quite a complex question dealing with ‘Hong-Kong-immigration status-by-descent’ and, eventually, the Right of Abode for foreign nationals born in the HKSAR.

QUESTION

I was born in Hong Kong  (I am a British passport holder and of British parents). I do not have ***.

My daughter was born in the US and has a US passport and a British passport.  We have lived back in Hong Kong since 2010 and she has had a visa for school. She was born in 2003.

Does she need to spend 7 continuous years here in HK or can I apply for permanent residency for her because I was born here?

Thank you

ANSWER

Just reading between the lines of your question, it appears to me that as a British National, born in Hong Kong, you got your Immigration status here now by virtue of your birth in Hong Kong to British Hong Kong belongers prior to 1997, this gave you the right to land in the process; and this is an immigration status that is not quite the Right of Aboad, it’s just one notch below it. The Right to Land basically means that you have the right to land in Hong Kong, not be removed from Hong Kong, and not be subject to any conditions or limit of stay, including the amount of time that you can spend in Hong Kong.

However, with the Right to Land, you can’t pass this onto your daughter by descent. So, in practice, you will have found that when you came back in 2010, there was no immigration status available to her automatically, and therefore she had to be assessed on her own circumstances at that time.

So I suspect that you would have had to go on to secure immigration status for her, so that she could be here and study, and that would have been a dependent visa which you are able to sponsor for as a Right to Land holder. You could have, of course, made an application for student visa as well, and that would have been granted to.

Certainly she would have been entitled to a dependent visa had, you made an application, given that you do, on the face of it, possess the Right to Land. Therefore, as a temporary resident, whether she’s got a student visa or a dependent visa, she will have been, once she’s been here for a period of not less than seven years, she’ll be entitled to apply for the Right of Abode in her own right, and with that, her current limitations to her visa status will be lifted. And similarly for you,  as I say, I assume when you say that you don’t have a three star ID card, you’re effectively saying that you haven’t yet gone on yourself to acquire the Right of Abode.

And after you have been here for seven years continuously, so looking at the dates, looks like 2017, you’ll be eligible to adjust your own immigration status from the Right to Land to the Right of Abode. And on that note, the three star denotation on your ID card itself basically just indicates that the holder is eligible for the issue of a Hong Kong re-entry permit from China, but only in the case of Chinese citizens, and that’s not routinely available to foreign nationals. But in and of itself, if you do possess three stars, it does indicate, as an implication that the ID card holder does have the Right of Abode. But that notwithstanding, it does state, the permanent identity card does state on the back that you have the rights of abode accordingly.

So, just to recap, effectively, once your daughter gets to seven years continuous order in residence, she’ll be able to make an application for the Right of Abode in her own right.

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How Will Bankruptcy While Living Here Impact The Possibility Of Hong Kong Work Visa Extension?

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

Simple enough of a question – will your Hong Kong work visa be compromised if you are forced into bankruptcy while temporarily resident in the HKSAR?

QUESTION

If I am currently a working visa holder in Hong Kong, how will my visa be affected if I go bankrupt?

Will the Immigration Department tell me to leave Hong Kong immediately or will I be allowed to stay until the expiration of my limit of stay?

Also, I assume this will definitely be a huge detriment if I want to apply for an extension of stay right?

Thanks.

ANSWER

This is a great question and I’m surprised that it hasn’t presented itself over the last few years in its current guise. But essentially the thing to understand is that if you have become bankrupt in Hong Kong, it’s not good news. As you can appreciate, the ability to remain here over the long haul could be problematic and is indeed highly case specific.

Whilst you are being managed by a trustee in bankruptcy and you do maintain your current employment, then the Immigration Department will probably have something to say about that arrangement and would look at the extension of stay with a set of eyes that to put it sort of mildly, would not be routine.

Doesn’t automatically follow that you wouldn’t get an extension of stay. But if you’re seeking to change your employer and all this kind of stuff, then it might be problematic. But in the final analysis, it really does all depend. In any event, at the point of bankruptcy, if you do have a current limit of stay endorsed in your passport, that shouldn’t be affected.

That is, the Immigration Department won’t suddenly come sweeping down on you and say, hey, you’ve been made bankrupt. Therefore, we’re going to put. Pull the rug from under your feet and cancel your current limited stay and send you off, uh, from whence you came. No, the issue really only presents itself in the context of an application subsequently to extend your stay or to go through the processes of perhaps changing your sponsor.

Both of which would require express disclosure to the Immigration Department so that they could make a true assessment of whether or not you represent a security objection to Hong Kong, all things considered, as a result of your bankruptcy. But certainly, in my experience, there shouldn’t be an immediate impact on your current limited stay. Extensions could be problematic as could be change of sponsorships, if that’s what’s going on.

Okay, I hope you found that useful.

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