QOTW: Dependancy? Visas For Mainland Spouses Of Hong Kong Permanent Residents

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

The vexed question of dependant visas for mainland spouses of Hong Kong permanent residents

QUESTION  OF  THE  WEEK

I am a Hong Kong  PR (Canadian, been in Hong Kong for 9 years now working as a CPA) and recently married a PRC resident, who is a senior manager in a bank in Shanghai. What kind of visa can I get for my wife that would enable her to live with me in Hong Kong without stay limit, get a HKID card and seek employment.  I note that the published information indicates the dependant spouse approach is not applicable to PRC residents. She does not want to give up her PRC resident status.

ANSWER

Normally, when a foreign national resident of Hong Kong is seeking to secure dependent visa permission for his Chinese spouse, an application for dependent visa is made in the normal way; however, this anticipates that the applicant spouse sponsor is a temporary resident of Hong Kong not a permanent resident, because under a wider immigration policy that restricts certain classes of people to come to Hong Kong from China, essentially spouses of permanent residents of Hong Kong who are mainland Chinese can’t get dependent visas; instead, they have to apply for one-way permit which means that they go on a waiting list of many years standing and it isn’t a particular practical way for families to be reunited. So this actual rule applies to foreign national permanent residents of Hong Kong and a lonely Chinese permanent residence of Hong Kong and so wherever you have a situation that you have a permanent resident of Hong Kong who is married to a PRC spouse, the dependent visa is unavailable; therefore, you’ve got to look to other possible solutions of being able to reside in Hong Kong together, notwithstanding the fact that you cannot get a dependent visa.

One way to do this is to become a student particularly if there is a master’s degree program that’s suitable for an existing bachelor degree holder spouse, because they could participate in that program for just one year, graduate from that Hong Kong University, and they would then be able to get an automatic no-questions-asked working visa for at least 12 months thereafter under the immigration arrangements for non-local graduates (IANG), and that gives you a very simple and straightforward pathway to be able to secure a residence status through the study route.

Another way to do it is to secure a job offer from a Hong Kong company that is well- established and then make an application for employment visa under the admission of mainland talents and professional scheme and essentially in that instance the spouse would have to be very well qualified, have a good educational background, and posses special skills, knowledge and experience of value to and not readily available in Hong Kong and in those circumstances immigration would approve that application and then you’d be able to live together in Hong Kong with your spouse having an employment visa instead of a dependent visa in this instance.

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If I Get A Hong Kong Investment Visa Can I Consult To A Single Client Only As A Pseudo-Employee?

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

Just how ‘flexible is the Hong Kong investment visa?

QUESTION 

I’m Swedish and currently in the process of applying for a Hong Kong investment visa.

In addition, I have an interview for a consulting position with another organization. They will not support me with an employment visa and have asked me if I can also work with an investment visa.

The answer I got from immigration was that I cannot take up a full-time position when holding only an investment visa and that I should instead apply for a work visa. I was wondering if there is any possibility or workaround?

The consulting position is related to my start-up, so I thought about asking the organization to contract my company as a consultant.

I would appreciate your advice on my case.

ANSWER

When you get an Investment Visa for Hong Kong, you essentially have persuaded the Immigration Department that you’re in a position to substantially contribute to the economy of Hong Kong; on the other hand, if you take an Employment Visa from the Immigration Department, you’ve satisfied them that you possess a special set of skills, knowledge, or experience of value to and not readily available in Hong Kong.

Therefore, the question that begs to be answered is: if you secure an investment visa and then the circumstances in your business change to the extent that you now have an opportunity to work for a single client providing Consulting Services, is it lawful to engage in that kind of activity given that you’ve got an investment Visa predicated on a much wider array of anticipated commercial objectives and activities that you’ve engaged in?

The short answer to this questions is no, you can’t get an investment visa and then go into a Consulting Arrangement one to one which is for all practical purposes a pseudo-employment. In other words, if you get an investment visa and your plans change after your approval it’s okay to pivot your business if you’re moving on to perhaps do other things or pursue objectives that are slightly different or at least adjacent to those which were originally covered in your approval for your Investment Visa, but it’s different if after approval all of a sudden you want to use your Investment Visa as a mean to join in what is reality is a one-man-business providing Consulting Services to a single employer (client) in this instance.

So, the short answer is no, you can’t use the investment visa to work for a single employer on a Consulting Basis.

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10 Must Have Resources For A Hong Kong Legal Dependant Visa

Posted by The Visa Geeza / in Family Visas, Musing, Resource / 10 responses

10 Must Have Resources For A Hong Kong Legal Dependant Visa

First Published July 1, 2013 and updated December 15, 2023 – But The Advice Holds Good Today

Continuing our series of 10 Must Have Resources, I have put together this list of materials from our various websites which is designed to help steer you through the process of acquiring a dependant visa for Hong Kong. Remember, for temporary residents this means visas for spouse and unmarried dependant children under the age of 18 or otherwise in full time education.  For permanent and other long stay residents, you can add dependant parents over the age of 60 to those who are eligible.

SAME SEX PARTNER UPDATE – New Law From 2018

PLAN – Getting Started On Your Hong Kong Dependant Visa Application

CHECKLIST – The Documents You Need For Your Hong Kong Dependant Visa Application

OFFICIAL FORMS – The Forms Used To Apply For And Secure A Dependant Visa For Hong Kong

MOVIE – What Your Spouse Can Expect During The Dependant Visa Application Process

MAINLAND SPOUSE – Can You Get A Hong Kong Dependant Visa For Him Or Her – Will They Qualify?

NOT MARRIED YET? – But Thinking About It For The Purposes Of A Getting A Hong Kong Dependant Visa?

MARRIAGE  BROKEN DOWN? – What To Do If  You Can No Longer Maintain Your Dependant Visa Due To Relationship Break Up

CASE STUDY – The Visa Situation For A Non Traditional, Blended Family Situation In Hong Kong

D-I-Y VISA KIT – Everything You Need To Apply For A Secure Hong Kong Dependant Visa

EXTENSION – Extending Your Hong Kong Dependent Visa When It Is Coming Up For Renewal

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How & Why Hong Kong Seeks To Attract Foreign National Talent

Posted by The Visa Geeza / in Employment Visas, Family Visas, Investment Visas, Long Stay & PR, Musing, Special Programmes / 6 responses

How & Why Hong Kong Seeks To Attract Foreign National Talent

Globalization has led to a seemingly endless trend of migration of people around the world.

This includes the international movement of highly skilled workers, including specialists, researchers, business executives, managers and inter-company transferees.

Much of the motivation on the part of these professionals is the allure of the economic opportunities abroad that are greater than those available in their home countries.

As a result of this migration dynamic, the countries on the receiving end of the movement of these people experience the benefits of innovation stimulation, a greater pool of skilled human capital and the exchange of intellectual dynamism. These migrants also bring new money into the country with them.

Consequently, the national immigration agencies of developed economies find themselves in a battle to attract talent to their shores and have implemented migration programmes which facilitate the admission of these skills into their countries.

This includes making it much easier for foreign students to remain behind upon the completion of their formal education and take up employment or establishes or join in businesses.

Hong Kong is no exception. In the 2003 Report of the Task Force on Population it was stated that “Hong Kong must have the capacity to draw on the best and the brightest in the region and world-wide, including the populous and fast-developing Mainland”.

In the Chief Executive’s 2005 Policy Address, Mr Donald Tsang made it very clear:

“Like other world cities, Hong Kong must attract talent from around the world… the larger the pool of talent, the easier it is for a place to attract investment, thereby promoting economic development and increasing employment”.

This notwithstanding, Hong Kong has a number of “pull factors” which work to entice the highly skilled, well educated and consummately professional to live and settle in the HKSAR.

These include excellent employment opportunities, good pay, a low tax rate and relatively simple and efficient visa application procedures.

Geography, climate and cuisine also play a part too!

Moreover, Hong Kong has world class telecommunications, easy travel, excellent security and long-established racial tolerance.

Admission of highly skilled immigrants has always been part of the fabric of Hong Kong society.

Whilst the dynamic towards Mainland talent has, obviously, developed positively since 1997 under the One Country, Two Systems arrangements of the 1984 Sino-British Joint Declaration, the immigration policy on entry for employment of foreign professionals, which is known as the General Employment Policy, has been in place for more than half a century.

Employment visas are issued to professionals “who possess special skills, knowledge, or experience of value to and not readily available in Hong Kong”. Investment visas are issued to those who are in a position to make a “substantial contribution to the economy of Hong Kong”. “Quality Migrants” and “Mainland Talents and Professionals” each have their own immigration programmes designed specifically with them in mind. Moreover, anyone graduating from a Hong Kong tertiary education institute is now effectively granted an employment visa post graduation almost as ‘of right’ under the “Immigration Arrangements for Non-Local Graduates“.

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The Path To Hong Kong Residency & Our Fantastic Low Tax Regime

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

The Path To Hong Kong Residency & Our Fantastic Low Tax Regime

First Published June 4, 2012

Hong Kong has an open and flexible immigration policy that promotes and simplifies the relocation of foreign nationals possessing employment skills, business expertise, and capital to the Hong Kong Special Administrative Region (HKSAR). Moreover, their family members (spouse and unmarried children under 18) are also eligible for residence visas, which allow them to reside, work, and study in Hong Kong. Below is a scheme that highlights the available pathways to Hong Kong Residency so that you can benefit of the low tax regime that HKSAR offers.

No matter what type of Hong Kong visa you have secured, residency in Hong Kong offers fantastic tax benefits!

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Can I Get A Depedant Visa For An Elderly Parent If I Have A Permanent HK ID Card?

Posted by The Visa Geeza / in Family Visas, Your Question Answered / No responses

Can I Get A Depedant Visa For An Elderly Parent If I Have A Permanent HK ID Card?

I get 30-40 questions each week and not all of them merit a podcast answer. Some are answered quickly via email and for the next few days I’ll post some of these anonymised replies here.

A Depedant Visa For An Elderly Parent If I Have a Permanent HK ID Card?

QUESTION

My brother is an Indian born in Hong Kong. And he is holding a permanent ID card for Hong Kong. Currently, he is working in Hong Kong with a salary of HKD15,000 per month, speaking fluent Chinese. But his mother is living in India. She is about 72 years of age with no one looking after her. She wants to join her son in Hong Kong. Please let me know if her son can get her a permanent ID Card or any residential visa. To stay with him in Hong Kong.

ANSWER

Your mother can apply for a dependant visa sponsored by your brother. Apart from the application form and travel document, they need to show proof of employment, accommodation, and financial standing. They have to prove that they have arranged under the same roof in Hong Kong by providing a tenancy agreement or proof of ownership. A bank account with deposits covering rental fees of at least one year will be ideal.

It normally takes six weeks to process a visa/entry permit application for residence as a dependant upon receipt of all the required documents.

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I Lived In Hong Kong For 11 Years – And Have Been Gone For The Last 7 – Can I Still Get Permanent Residency?

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

I Lived In Hong Kong For 11 Years – And Have Been Gone For The Last 7 – Can I Still Get Permanent Residency?

First Published July 11, 2018

It happens a lot more often than you might imagine. You’d think that the many early years in Hong Kong ought to count towards your right of abode but all too often disappointment is in the offing…

QUESTION

Thank you very much for this informative website! I hope you’ll be able to answer my question, I’m not sure if it’s a common scenario or not.

I was born in Singapore and I lived in Hong Kong from 1994 – 2005 (11 years) and moved when I was nearly 11 because of my father’s job, and it has now been 13 years since I left to go and live in Thailand.

My mother has a Hong Kong Permanent Identity Card (and was working for an airline there) but I do not. I had a dependant visa endorsed in my passport at the time I left with my parents.

This usually wouldn’t be a problem after leaving Hong Kong, however, there are two education sponsorship programs that I would like to apply for in Hong Kong which require you to have a permanent HKID.

I have gone to the immigration office about three times in the past 7 years as we do go back quite often, and every time we ask an officer, he says “if you are living in Hong Kong, you can apply for permanent residency.”

Is this true?

Seeing as I have already clocked up 11 years in Hong Kong, all I am missing in the application form is the current residency card.

Does this mean that if I go to university in Hong Kong starting August this year, that I could get my residency card, and then with that, apply for my permanent residency?

The way I see it, although I have been away for a considerably long time, but I am coming back, so this would technically be my 11th year total living in Hong Kong (and I have proof of having been there for 7 years ‘ordinarily’ with my school records, etc.)

I hope my question was clear enough and thank you very much in advance!

ANSWER

This is a very interesting question and it does strike a chord with quite a number of people in Hong Kong who find themselves in your situation.

So, I’m grateful to you for having raised the question and hopefully, I can shed some light on the situation and how your present Immigration Service in Hong Kong is affected by your life circumstances.

Your mother is a permanent Hong Kong Identity Card holder and on the basis that you had been born in Hong Kong and your mother had been a permanent Identity Card holder at that time then at the point of your birth your eligibility for a permanent Identity Card would have been established and effectively in the wake of that there could have been a very good opportunity for you to continue to argue now, so many years later that you are a permanent resident of Hong Kong.

However, that’s some theoretical and hypothetical in this situation because you weren’t born in Hong Kong, you were born in Singapore. So consequently, your eligibility for permanent Identity Card wasn’t established at the time of your birth and consequently, it meant that the immigration status that was available to you when you came back to Hong Kong with your mother was that at of a dependant Visa and as you’ve stated in your question you held the dependant Visa all the way through to the age of 11 and then effectively you left Hong Kong.

Now the interesting thing is that after you had been in Hong Kong as a dependant Visa holder just after your seventh, possibly your eighth birthday, you could have (or your parents could have) made an application to have your eligibility for a permanent Identity Card verified at the age of 11 years of age on the strength that you had been ordinarily resident in Hong Kong with your parents for a minimum of seven years and at that point you would have effectively been in the driving seat for a permanent Identity Card.

Subsequently, once you got to the age of eleven years when the Identity Card is issued to you and had that been, if that had occurred in fact, then effectively at the age of eleven you would have had your Identity Card issued to you possibly before you left Hong Kong and then on the basis that you have been back in Hong Kong on at least one occasion every three years thereafter your permanent Identity Card state, your right of abode in fact would have been maintained and effectively the question that you’re asking today would have been answered in the affirmative.

However, unfortunately because you only held a dependant visa for the first eleven years of your life in Hong Kong, at the time that you left with your parents to go off to Thailand effectively you abandoned your continuous ordinary residence at that time and what that means is that when you come back to Hong Kong in the future you’re going to have to get a student visa and the first eleven years of your life in Hong Kong effectively would have been lost.

So, it’s unfortunate, it’s certainly not going to assist you with the sponsorship programs that you’re lining up to make an application for but if it is any kind of consolation effectively what will happen in terms of your life going forward is that you’ll come back to Hong Kong as a student.

One would assume that you’ll spend three years here as a student, you’ll graduate. You’ll be able to join the workforce straight away if you start working for a Hong Kong employer within six months of you having graduated from university because the immigration arrangements for non-local graduates give you those privileges.

So that is, that’s effectively  going to take you to three and a half years and one assumes that a three to a four-year working career in Hong Kong we’ll have seen you continuously non-ordinary residence in Hong Kong again for the requisite seven years and then you’ll be able to go on to secure the right of abode as an adult in your own right but unfortunately in light of the facts that we’ve got in your question at the moment, you’re not going to be able to secure the right of abode at this point in time.

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