The beauty of the Hong Kong immigration services professio is that there is a ready pool of customers for both our professional services and also our free-of-all-cost information resources (on both this Blog and also our flagship D-I-Y Guide Hong Kong Visa Handbook.)
Some foreign nationals come, some go and many even stay forever. So there’s always a lot going on and in my professional practice, I meet a whole lot of interesting people, each with their own unique story.
As I spend quite a lot of time producing these free resources to enable current or intending residents of the HKSAR to make informed decisions about their immigration status here, it is a very rare pleasure to come across, as I did recently, a resident of Hong Kong who learned the hard way (then blogged about) the pitfalls of getting his residence visa extended.
Jonathan Ervine works for an IT firm in Hong Kong (Novell) and eight years ago he published on his blog, A Table For 1, the trials and tribulations of getting his employment visa extended.
Actually, Jonathan’s experience is not at all unusual, even today.
Nothing much has changed since he wrote his piece in 2009.
Whilst many companies in Hong Kong take responsibility for managing and maintaining the working visa status for their foreign national employees, very many employers do not (including the cabin crew for Cathay Pacific too – or at least it was when my wife worked for them.)
So, if you are stuck with the challenge of getting your own Hong Kong visa extended, year in, year out, why not download our Hong Kong Visa Extension Kit.
It’s completely free of charge and covers every type of Hong Kong residence visa, not just employment visas.
I am a citizen of Russia and unfortunately have a very short visitor visa which is just 14 days, but I need to stay in Hong Kong for longer as I want to find a job here (I am a graphics and game designer) and been on couple of job interviews already and plan on doing more.
I’ve reset my visitor stay a couple of times through Macau, but on the third time got questioned upon arrival and got only three days stay.
So is there any good way to extend visitor stay or get hassle free solution to frequently visit Hong Kong?
ANSWER
What you’ve experienced here is very typical of the way that the Immigration Department manage those nationals with two week upon arrival privileges, such as you in your case as a Russian national.
As you can see that they, in a sense, keep you on a very tight leash, making you exit Hong Kong within 14 days. And, if you then border hop, they can be quite demanding of you when you arrive. So it isn’t a long term sustainable strategy, I’m afraid; the only solution that I might suggest is available to you is if you leave Hong Kong and go back to Russia, then make an application for a two month visitor visa in advance of arrival with the support of somebody in Hong Kong to serve as your sponsor.
Then you might be able to secure a two month limit to stay, which will allow you to attempt to achieve all your recruitment objectives and get an application for an employment visa in before you have to think about leaving the expiry of those two months.
But apart from that, I’m afraid you’re just going to have to try to satisfy the examining officer at the border each time you arrive as a visitor, that you are a bona fide visitor to Hong Kong. Then whilst it’s permitted activity to interview, look for an interview for work it’s not permitted activity to take up that work.
And I think if you were to articulate to an officer at the border that it was your intention to be here to look for work, I think you might struggle to persuade him at your border, I’m afraid: but, I wish you all the very best.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
So, how does your prior immigration record in Hong Kong impact on future visa applications? Do the Hong Kong Immigration Department cross-refer previous applications for a visa to current application for a visa?
QUESTION
Hello!
I have a question regarding to my working visa.
Previously I have been working in Hong Kong in the skin care industry as promotion manager. I wanted to change employers and change the industry related to investments and real estate (I have education in business management, but not in Hong Kong).
I submitted an application to the Immigration Department already and have even spoken with the Immigration Officer handling my case together with my employer.
However the Officer had concerns about my past experience. Unfortunately I needed to withdraw my application as I felt it would be refused.
My question is – can I apply for a working visa again with the same company, but re. a different position (one that would suit better to my past experience as I worked in marketing before)?
I know from the company’s HR department that they will open position in marketing for me and if I pass the interview for that role I would be submitting documents to Immigration once again.
Would it be inappropriate in the eyes of the Immigration Department. Or you would suggest to find new employer?
Second question. Will the Immigration Department keep that record if I withdraw my application? Would it affect my further visa applications?
ANSWER
1 – ImmD have ALL your records and cross refer to them frequently.
2 – There is no reason why you cannot apply again for the same company with a different job title.
You still have to prove no local person can do the job, that the compensation is broadly commensurate with market rates and that you are a Professional for the purposes of the General Employment Policy but the fact that you withdraw one application with that employer doesn’t preclude you from making a new application with the same employer for a different job.
Be aware though ImmD might seek to learn in more detail if the new application is a proxy for the old one so you may need to explain in some detail how the 2 jobs are different and the decision process between your employer and yourself as to how you find yourself making such a 2nd application which is unusual but not remarkable.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
So, you’ve been hanging out in Hong Kong as a Visitor for quite a while and have now decided you wish to become formally resident…. will the extended time spent here previously impact your chances for an employment visa?
QUESTION
I’ve been staying in Hong Kong for nearly 2 years on a tourist visa, I’ve never overstayed and I travel out of Hong Kong frequently.
I’ve actually gotten an eChannel pass which was suggested to me by Hong Kong immigration due to number stamps in my passport.
I have an American passport.
I’ve now decided to try to formally settle in Hong Kong and accepted a job offer for a position I am suitably qualified.
The paperwork has been submitted to HKID.
Will it be an issue that I’ve been in and out of Hong Kong so frequently?
Thanks
ANSWER
As a matter of standard practise, the Immigration Department do not usually factor into their deliberations for an employment visa, any time that an applicant has spent in Hong Kong previously as a visitor, as long as you’ve got a clean immigration record, which seems to be the case from the way that you phrased your question then it’s reasonable to expect that purely the Immigration Department will assess you on the basis of the employment visa provability testto show that you possess special skills, knowledge and experience of value to not readily available in Hong Kong and that there’s no person locally who could be doing the job rather than you, and therefore your prior record in Hong Kong as a visitor, should not compromise your ability to successfully address that approvability test in your application.
Just one point that is interesting about your question. It’s about you having the e-channel pass; the e-channel pass effectively means that you don’t have to queue up in the visitor lines and face an immigration officer and be assessed on your bona fide at that point; but mere possession of an e-channel pass doesn’t have mean that you can effectively come and go on an unlimited basis as a visitor without the Immigration Department effectively calling you to task for the amount of time that you spent in Hong Kong.
The way that it works usually is that if you spend more than 180-days in any twelve month given period in Hong Kong, then the systems are alert to you being potentially an extended stay visitor who might be engaging in activities breach of your conditions of stay.
So, at some stage in the future if you do possess an e-channel pass and you come and go on an extended frequent stay basis, it may one day suddenly stop and then an immigration officer will call you for interview, but that hasn’t happened in your instance and it certainly doesn’t impact on your application for an employment visa.
But, it’s the first time that on the blog that this question has been raised in the way that it is with reference to e-channel pass. So I thought I’d just mention it in passing. Okay, I hope you find this useful.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
What issues arise in respect of those foreign nationals in Hong Kong who accompany their unmarried life partners (gay or heterosexual) here on prolonged visitor visas and who are planning to carry on their professions remotely for an overseas employer whilst permitted by the Hong Kong Immigration Department to be present in Hong Kong as a visitor for family reunion purposes only?
QUESTION
Hi there!
Amazing site – thank you so much for all the info.
I’m a Canadian citizen following my partner to Hong Kong (where he will be working as a lawyer).
I will actually be keeping my job in Vancouver but working remotely from Hong Kong.
Is it worth mentioning this in my application or is it irrelevant?
Also, I’m still a little confused as to whether I should apply for the extended visitor visa once I get to Hong Kong or before – could you clarify whether its better to do so after arrival and use form ID91?
Does my partner already need to have been issued his work visa or can we apply at the same time?
Thank you for this wealth of knowledge!
ANSWER
Thanks so much for asking this question. You’ve raised quite a lot of issues, many of which I’ve dealt with previously on the Hong Kong Visa Geeza blog. So specifically, the detail advice in relation to most of them, other than the question about the remote working, you can find in the links to the content attached below.
So I’ll just touch upon it generally here, but then refer you to the detailed information in those specific resources that form part of this blog post. The key issue here for me is the question about keeping your job in Vancouver and then remotely working from Hong Kong.
Because in the Hong Kong immigration law, you have a requirement to secure the consent of the Immigration Department to take employment, whether paid or unpaied, effectively for any employer both in Hong Kong and overseas. So if you’re planning to remain in Hong Kong on the strength of being reunited with your partner so that you can continue your family lives together, the prolonged visit visa that you’re going to get will be given to you by the Immigration Department on the strength of that rationale.
However, if you’re planning to continue your profession, albeit remotely while you’re in Hong Kong, that needs to be disclosed to the Immigration Department and you need to be ready to in a sense be dragged over the calls by the Department to kind of understand effectively what’s going on, so that you can have the visitor visa permissions that you’re looking for for family reunion purposes and you can also be in complete compliance with those permissions because you’ve empowered the Immigration Department in advance to understand what it is that you’re planning to do professionally whilst you’re accompanying your partner here; that is the Immigration Department do want to be appraised of that. They want to understand effectively, the totality of your circumstances. So, my best advice to you is without a doubt disclose that to Immigration Department. Make it a part of your application submission.
It’s definitely going to complicate your application. You need to be under no illusions about that, but best practise is to do things lawfully and that’s my advice. So yes, definitely it is worth mentioning it in your application.
As regards the process of how to apply, my best advice is to apply on an entry visa basis using the ID481A and ID481B forms. Don’t use the ID 91 form; and, in actual fact if your partner has not yet secured his employment visa and his application hasn’t been put in, ideally, you should run those applications together at the same time. However, if, your partner’s employer is handling, as I expect, that, they will be doing his own employment visa application, it could be problematic to have your application in at the same time as his, so you can’t practically run them together.
So in that regard, my best advice then is to come to Hong Kong as Canadian citizens, you’ll get a three month period of stay as a visitor and then submit your application on the ID481A and ID481B series once your partner’s employment has been approved. And promote your application on the basis that you’re in Hong Kong while all of that is taking its course. So don’t use the form ID 91 because that’ll put you down into a section of immigration tower where the immigration officers are under a lot of pressure and a lot of stress, and, it’s likely that you probably won’t meet a particularly popular reception when you pitch up with all your documents seeking to apply for a visa on the strength of family reunion. Okay, I hope all of this helps.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
Why Some Hong Kong Expats Relinquish Their Citizenship-of-Origin and Become Chinese Citizens
Hong Kong Expats Get Hong Kong Passports – Why?
In recent years, a growing number of expats in Hong Kong have made the decision to relinquish their citizenship-of-origin and become Chinese citizens. This trend is fueled by several key factors, including the desire for greater access to opportunities in mainland China, long-term residency stability, and the ability to align with the region’s evolving political and economic landscape.
For many, becoming a Chinese citizen also means unlocking business advantages and having an easier time integrating into local communities.
Hong Kong Expats Get Hong Kong Passports – What’s Involved?
However, the decision to relinquish their previous nationality is not without challenges, including navigating strict Chinese immigration laws and managing the emotional and practical implications of such a significant transition.
If you’re an expat considering Chinese citizenship, it’s important to weigh both the benefits and potential drawbacks.
Hong Kong Expats Get Hong Kong Passports – Watch The Video
Understanding why some have chosen this path can help provide clarity as you navigate your own choices.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
If you find yourself often in Hong Kong as a frequent Visitor is it lawful and / or possible to rent an apartment in order to keep accommodation expenses down…
QUESTION
I’m an Expat based in Thailand & often come to Hong Kong for meetings or transit for business trips to China, Taiwan, Korea and Japan.
Let’s say roughly 10-14 days a month, with an average of 2-3 entries.
Since hotel costs are ticking up & I can’t leave documents in a safe place, I’m considering renting a 850 sqf apartment in Wanchai.
Would this be a problem for Immigration?
Can I rent an apartment in Hong Kong as a Visitor?
In actual fact there are no immigration implications of a decision to rent an apartment by a frequent visitor in Hong Kong. For the purposes as you’ve enunciated them, Immigration won’t really have anything to say about that per se because there’s no real forum for them to have an opinion about it.
As a foreign national granted visa free privileges upon arrival, then you don’t have to seek any prior clearance of the Immigration Department. So there’s no questions ever asked in relation to your accommodation proposed for Hong Kong. Moreover as a travel enrolled in the frequent traveller programme, you don’t actually have to meet face to face an immigration officer who would ask you questions that speak to your accommodation arrangements while you’re in Hong Kong and therefore it doesn’t raise itself as a practical issue for you.
In reality the real challenge that you’re going to face is that as a visitor to Hong Kong you’re never going to be able to get Hong Kong identity card and the landlord that you may find yourself negotiating with may require a copy of a Hong Kong ID card before he or she’s comfortable in entering into a tenancy agreement with you.
And, whilst there are no, as I say, legal preclusions from entering into what actually is a private arrangement when it comes to a tenancy agreement for residential purposes, you may find that the landlord when he realises that you don’t have residence visa status here, may suddenly demand a much higher deposit or try to leverage a premium on the rent, but that is ultimately a negotiation for you to engage in.
But in a nutshell, there are no immigration implications to what you’re proposing as such and I wish you all the very best with it.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
