How Can I Prove ‘7 Years Residency’ For My Hong Kong Right Of Abode Application If I Do Not Have Any Old Tenancy Agreement Copies?

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

How Can I Prove ‘7 Years Residency’ For My Hong Kong Right Of Abode Application If I Do Not Have Any Old Tenancy Agreement Copies?

How to skin the cat of the ‘missing tenancy agreement’ is an oft-faced challenge in the game of the Hong Kong Right of Abode Application after 7 years continuous ordinary residence by a foreign national intending permanent resident.

QUESTION

What happens if I am unable to provide copies of my tenancy agreements in support of my Hong Kong permanent residency application?  

I never thought I would still be here for 7 years so I every 2 years I get rid of old documents ie, bank statements, tenancy agreements, utilities etc. 

Also for years 3-7 I was living with my ex partner so the tenancy agreement was in her name or her employer’s name.

What can I do?  Will utility bills be enough? 

Thanks.

ANSWER

Yes, I can completely understand how in your circumstances you have gone through a regular exercise of throwing out old not needed documents anymore.

And so seven years down the road you find yourself needing to be able to demonstrate to the Immigration Department that you’ve been continuously and ordinarily resident here for those seven years. And that you can’t lay your hands on documents to begin to substantiate the actuality of your formal residence.

Well look at it from this perspective: if you can’t come up with tenancy agreement documents then the Immigration Department will rely on other aspects of your file to allow themselves to be satisfied that you’ve been resident in Hong Kong, notwithstanding the fact that you can’t in your instance come up with formal tenancy agreements because of the passing of your life and how it was lived. They know from your movements into in and out of Hong Kong how much time that you’ve spent here.

And if it’s very clear and all the facts that A) you have been continuously working for your employers in Hong Kong with resident visa permission and employment visa permissions; B) you’ve paid your taxes throughout those seven years and that fact has been evidenced through the submission of the copies of your tax returns for the requisite period.

And then any absences from Hong Kong in that time have been of a merely temporary nature and typically not long in time, then it’s easy for the Immigration Department to conclude that unless you were sleeping in a tent in Tsim Sha Tsui, effectively you’ve been laying your head somewhere in Hong Kong safe and secure throughout all at this time.

So the Immigration Department won’t refuse your application because you can’t come up with the tenancy agreements but because it is an integral element of the application, my advice to you would be to draw a schedule and state effectively what your addresses were during the requisite seven years. And the time that you were in those premises accordingly with a short note against each entry, explaining why the tenancy agreement isn’t available.

So if you put that schedule together and perhaps you may be able to lay your hands on some other documents: utility bills, or telephone bills, or whatever that can speak quite clearly to the fact or testify clearly to the fact that you were constant at those addresses at the relevant points in time just to corroborate the explanation on your schedule, then you’ll find that the Immigration Department will usually respond positively to that and they’ll help you solve your tenancy agreement absence conundrum.

Okay, I hope you found this useful. Thanks. Bye.

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Hong Kong Top Talent Pass | 51,000 Approvals | 36,000 Arrivals | 160,000 Applications

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

Hong Kong Top Talent Pass

Attracting 36,000 Skilled Professionals to Hong Kong

 

Accurate Numbers Surface

In recent years, Hong Kong has experienced a notable increase in skilled individuals migrating to the region. This influx can be primarily attributed to the Hong Kong Top Talent Pass program, which aims to attract the best talent from around the world. According to data recently released, so far, the program has approved approximately 51,000 applications, with around 36,000 talented individuals already making Hong Kong their new home. This initiative has made a significant contribution to the local workforce, reinforcing Hong Kong’s reputation as a global hub for skilled professionals.

There has been a lot of other data released that speaks to the popularity of the programme so far but the numbers in play appear to be 51,000 approved, 36,000 activated, and 160,000 applications.

Diverse Origins of Top Talents

The Hong Kong Top Talent Pass program has attracted professionals from various backgrounds, but it is noteworthy that more than 90% of applicants originate from mainland China. However, this program also appeals to professionals from beyond mainland China, highlighting its international allure. Among the participants, about 60% are alumni of prestigious universities in mainland China, while the remaining 40% have received their education from renowned institutions in Europe and the United States. This diverse educational background enriches the professional landscape of Hong Kong, bringing in a range of perspectives and expertise.

Family Integration and Commitment to Hong Kong

The program not only attracts professionals but also allows dependents to relocate. Around 21,000 minors have been welcomed under the program, as part of the approximately 36,000 dependents who have made Hong Kong their new home. This demographic detail is crucial as it signifies the long-term commitment of these professionals to Hong Kong. Their families have integrated into the local education system, which has proven adequate to accommodate this influx.

Proactive Approach to Talent Retention

The Hong Kong government has been proactive in monitoring the integration and settlement of these talented individuals. Through follow-up surveys, authorities aim to gain insights to further refine and enhance the program. This forward-thinking strategy demonstrates the government’s commitment not only to attracting top-tier talent but also to retaining them.

Local Lawmakers’ Opinions and Government’s Stance

The program has sparked discourse among local lawmakers, with opinions varying on different aspects. Some emphasize the importance of diversifying the talent pool by attracting professionals from a broader geographical spectrum. Others express concerns about potential challenges newcomers might face in terms of employment and navigating the local business ecosystem. The government remains vigilant, addressing concerns by regulating “illegal agencies” and providing legitimate pathways for talent retention, including considerations around visa renewals through investment.

Striking a Balance for Local Employment

Criticism has been directed towards the program’s criteria, with concerns about its impact on local employment dynamics. However, Hong Kong’s low unemployment rate, currently at 2.9%, suggests a strong demand for skilled labour that these professionals can help meet. Balancing supplementing the local workforce with international talent and ensuring integration benefits both newcomers and the existing community is crucial.

Maintaining Integrity and Ensuring Fairness

The government’s approach of not currently considering investment-based visa renewals reflects its cautious policy adjustments. This decision underscores the program’s commitment to maintaining integrity, ensuring it serves its intended purpose of enriching the local talent pool without compromising quality or fairness.

Last Words …

The Hong Kong Top Talent Pass program showcases Hong Kong’s strategic vision of becoming a vibrant, diverse, and competitive global city. Its success, attracting a significant number of skilled professionals and their families, contributes to the socio-economic fabric of Hong Kong, promising a future of innovation and growth. As Hong Kong continues to navigate the complexities of global talent mobility, the insights gained from this initiative will shape its evolution into an even more attractive destination for the world’s best and brightest.

 

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Work Ended – What Visa Options Do You Have to Stay in Hong Kong For Another 2 Years to Get Your Permanent Residency?

Posted by The Visa Geeza / in Family Visas, Investment Visas, Long Stay & PR, Special Programmes, Your Question Answered / 1 response

Work Ended – What Visa Options Do You Have to Stay in Hong Kong For Another 2 Years to Get Your Permanent Residency?

First Published October 14, 2012

The question about what visa options do you have to stay in Hong Kong when you work ends and you’re not quite sure how to go next, is a popular topic that people query our websites about, so it’s timely that we received this question out of the blue yesterday. In my answer I refer to the following content resources: QMAS, Dependant Visa, Business Investment Visa.

QUESTION

“I have been working in HK since 2007 on a working visa, which expired in August 2012. Is there any legal status that I can apply for, except getting another job in HK or investing HK10m, to extend my past 5 years so that I can apply for a permanent residency in HK in 2 years time?

I travel often to other countries but I have been practically living in HK and renting an apartment since 1997.  I hold a Canadian passport.   Currently, I am here as a visitor.”

This is a very interesting question, but it’s also quite involved because it requires the essay of three particular visa categories, that may be open for your consideration to assist you to get back into residents visa permissions.

The three visa consents that you are looking at applying under potentially, which don’t include going and getting an employment visa or investing ten million dollars under the Capital Investment Entrance Scheme Visa. The only other three options available to you are the Quality Migrant Admission Scheme program, a Dependant visa or in fact a Business Investment visa.

Just dealing with these programs very quickly. The Quality Migrant Admission Scheme program could be available to you if you are particularly well educated or very well accomplished in your particular professional area of expertise. The dependant visa could be that if you were in a loving committed relationship and residents of Hong Kong and you’re not presently married obviously, then you could make an application for a dependant visa and that would give you the residents permission that you need to continue your residence here. Thirdly, if you are entrepreneurial in spirit and you’ve got a modicum of funds to invest and you can show that you can make a substantial contribution to the economy of Hong Kong, you could consider an application for Business Investment visa. Now each of these three visa categories, I’m going to include links in the body of this post, to give you access to the information.

So, those are effectively your options to bring your existing visitor visa and to regularization that a resident visa consent and then you just need to deal with the issue about the impact that all of this will have on your subsequent application after you have been here for seven years for a permanent residency status, and getting a permanent identity card in the process.

The more time you spend as a visitor without taking any steps towards regularizing your resident visa will after the fact count against you for the continuation of the ordinary residency.

However, if you are able to quickly get a new application into the system and subsequently go on to have that application approved no matter how long it takes, then that time spent as a visitor should not count against your continuous ordinary residence. I mention this particularly because the QMAS program takes five to seven months to complete. The business investment visa application only takes three to four months to complete and a dependant visa is really just an administrative exercise so that will take three or four weeks for that process to play itself out.

So there is a consideration that you need to bring into play as to what the most realistic way of getting status is available to you and how fast it will be for you to be able to bring your current tourist visa into a resident visa status.

Okay, I hope that helps in your quest to stay in Hong Kong.

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Work In Hong Kong For 5 Years – Leave For 2 – Then Return – Will I Lose My Continuous Residence for PR Purposes?

Posted by The Visa Geeza / in Employment Visas, Long Stay & PR, Your Question Answered / 2 responses

Work In Hong Kong For 5 Years – Leave For 2 – Then Return – Will I Lose My Continuous Residence for PR Purposes?

It happens a lot. You stay and work in Hong Kong for 3, 4, 5 years and get over the hump en route to the magic 7 years needed for a Permanent Identity Card. Then you find yourself having to spend time away from Hong Kong to further your career, education or due to special circumstances. The issue is, however, will all this time spent in Hong Kong be lost and will you have to reset the clock once more when you eventually return after your temporary sojourn abroad?

QUESTION

“I will be leaving Hong Kong to study in Australia for the next two years. I have lived in HK for the last 5 years and would like to return after I have completed my studies.

I am wondering if it is possible to maintain my residency in Hong Kong if I returned every 4 months.  I have a work visa here that is valid until next September but will be leaving for school in July. I am hoping to get my Permanent Residency here and would like to have the five years that I have lived here count towards that instead of having to start all over when I return.

Is this possible?  Thanks.”

ANSWER

The test for permanent residency in Hong Kong is that you need to be able to show that you have been continuously and ordinarily resident here for period of not less than seven years and then the absence outside of Hong Kong in that time has been merely temporary as evidenced by what you leave behind to return back to after your time abroad. Moroever as you are leaving Hong Kong for two years, after living here for five even though in your own mind your absence is just temporary the real issue for you is that your residency, the part of the test that’s important as well as time spent away from Hong Kong needs to be addressed.

You see, you need to have held the residence visa all throughout the seven years and from the circumstances that you describe there you no longer have a residence visa while you’re away. Consequently, when you make your application after seven years it will likely fail because you haven’t been resident.

Even returning every four months won’t help you because as when you return you’ll be here only as a visitor and whilst holding the visitor visa during the seven years residency for the purposes of a right of abode application doesn’t automatically disqualify you for permanent residency.

Anytime, which you spend as a visitor needs to result from kind of administrative flux between residency visa approvals, which tend to be sort of a few weeks at most. Therefore, you are effectively abandoning your residence visa status after five years or so and then trying to pick it up again two years later.

That won’t be deemed due to administrative flux, it will be likely that the Immigration Department will see you as having abandoned your residency so that you can spend this time in Australia but the time that you come back to Hong Kong really is just as a visitor and that, and when you make your application subsequently  for you right of abode I’m afraid the Immigration Department will more than likely conclude that you did abandon your continuity of residency at the time that you set off to Australia to commence your studies.

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What Chance A Published Author Under The Quality Migrant Admission Scheme?

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

What Chance Does A Published Author Have Under The Quality Migrant Admission Scheme?

Black boxes and taxes – an unheady mix!

QUESTION

Hi Stephen,

A friend of mine is looking into the idea of residing in Hong Kong. He’s a soon to be traditionally published book author in the United States, and he’s based in another country.

Well, assuming his work becomes a financial hit and reasonably well known in first world countries (not on the scale of Rowling, but I think you get what I mean), do you think he’ll find higher success with the Quality Migrant Admission Scheme?

What other visa options can he consider if you think the Quality Migrant Admission Scheme is still going to be like a lottery draw?

And assuming he does get to stay in Hong Kong, since his royalties will be coming from a US based company that already deducts their share and US withholding tax, does he need to open up a company there to receive his funds, or can he just open up a Hong Kong bank account and start depositing his cheques there without having to worry about Hong Kong’s Inland Revenue Department swooping down on him?

(I take it they won’t need to since the funds are foreign-sourced, but is this really the case or am I missing something here?)

Thanks again for your time!

ANSWER

Like anything to do with the Quality Migrant Admission Scheme, in the final analysis, your guess is as good as mine as to the chances of approvability for any particular skill set or any particular candidate.

Given the circumstances surrounding the professional career of your friend, it seems to me that if he’s going to make an application to the QMAS then it’s going to be under the hundred and sixty-five point slam-dunk achievements test, rather than the general test.

So that would require the candidate to have a significant amount of peer recognition for his accomplishments. That would suggest that if he’s had one good book then it may not be sufficient. There could be a requirement to have a track record of publishing and also I suspect depends on the on the nature of his writing. So as I say that’s just me surmising, there is the possibility an application of the achievements tests 165 slam dunk and that would be it.

Whether he’s going to get approved or not as I say your crystal ball is just as good as mine. In terms of other applications that might be open to him, it seems to me that there probably is only the capital investment entrance scheme which is a 10 million Hong Kong dollar investment for residence program that takes six to eight months to complete. If he has that level of funds and he’s prepared to lock them into qualifying investment asset classes in the HKSAR, then there’s a very good chance that he’ll go on to get unlimited approvals under the capital investment interest scheme, which would see him living, working, doing whatever you wish quite lawfully in Hong Kong without any further reference to his rationale for being here.

Aside from that, I can’t really imagine there is any other immigration status that will be suitable for him if he’s just going to carry on writing and being a self-commissioned author.

So yeah that’s about the shape of his options as regards immigration. Now in relation to your questions as regards taxation, alas my expertise is in immigration, it is not in tax I’m afraid. So I’m not qualified to answer that question for you.

Okay, I hope you found this helpful nonetheless.

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I Would Like To Apply For A Job Seekers Visa For Hong Kong – How Do I Go About Doing It?

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

I Would Like To Apply For A Job Seekers Visa For Hong Kong – How Do I Go About Doing It?

Hong Kong immigration is rife with visa gossip and rumours so I am pleased this question has been raised as it allows me to slay an old dragon once and for all!

QUESTION

Hi Stephen,

Thanks ever so much for your amazing website. I have never seen anything like this before – and I can’t believe it’s all free!

I have been looking around for details about the Job Seekers Visa For Hong Kong but can’t find anything.

Does this visa actually exist?

I have been told by a couple of people that I can come and live here for 3 months no questions asked as I look for a job, then swap that job seekers visa over to a work visa.

How do I go about doing this?

Thank you again!

ANSWER

In Hong Kong there is no such animal as a job seekers visa, that’s the bottom line!

This old chestnut has been kicking around for quite some time now and I’m glad that this question has been raised in the way that it has because it allows me to deal with it.

I think there’s a certain amount of confusion between the immigration status that you get as a visitor at the border for those nationals that are entitled to a 90-day period of stay when they arrive.

And potentially also under the working holiday visa, which allows you to work for 90 days for any single employer during the 12-month period that you hold such a working holiday visa.

So in a sense, you might be confusing the visitor visa and the working holiday visa, which both avail the ability to look for work. Given that seeking a job in Hong Kong as a visitor and indeed as a working holiday visa holder is permitted activity.

Whilst if you’re a visitor visa holder looking for a job, it isn’t permitted activity to take up any employment offer that results from you looking for that work.

But to suggest that there is a discrete immigration status called a job seekers visa is erroneous. And it could possibly be a confusion from some other jurisdiction that that perhaps avails that type of permission to be in Hong Kong to look for work.

So, there is no such thing as a job seekers visa. Come as a visitor – it is permitted activities to look for work as a visitor. If you have a working holiday visa, in any event, you can look for work. And indeed you can take up employment for up to three months with a single employer during the currency of that visa.

But job seekers visa itself, no, doesn’t exist.

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How Easy Is It To Secure A Work Visa Issued Under The Immigration Arrangements For Non-Local Graduates On The Basis Of Freelance Employment?

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

How Easy Is It To Secure A Work Visa Issued Under The Immigration Arrangements For Non-Local Graduates On The Basis Of Freelance Employment?

Can you realistically expect to work for yourself if your employment permissions have been granted under IANG?

QUESTION

Hi Stephen, thanks a lot for answering the questions on this website.

I must say that all the information on visageeza.com is of immense value.

I would like to pose a question regarding the Immigration Arrangement for Non-local Graduates (“IANG”) visa renewal.

Currently I am on an IANG visa which has been sponsored by my current employer.

I would like to know that shortly after the IANG visa has been granted (say few days or weeks after the approval), can I change my job or leave my job for whatever reason and start my own freelance consulting?

Is it really something permissible in the eyes of the immigration?

My second question is linked with my first one.

Let’s say if I leave my job and after leaving my job I cross the seven year mark, what impact would this have on my Right of Abode application?

I would really appreciate your help on this matter.

Thanks a lot.

ANSWER

To maintain your immigration status under the immigration arrangements for non-local graduates, each time you present yourself for an extension of stay, you need to have a valid employer and you need to be able to demonstrate to the Immigration Department that you’re being paid a compensation that’s broadly commensurate with market rates and that you are engaged in work that’s related in some way to your education and background.

Moreover, the sponsoring employer needs to be suitable and credible, all things considered. So, you can essentially get yourself an extension under immigration arrangements for non-local graduate sponsored by a current employer. Then you could cease working for that current employer and then conceptually, you could start to engage in your own freelance activities.

Whether or not the Immigration Department would deem your freelance activities to be sufficiently suitable at the time that you’re next IANG application came up for consideration, is another matter again, because the Immigration Department, in those circumstances, expect you to have established a sizeable business. Which for all practical purposes, means you need to pass the approvability test to show that you can make a substantial contribution to the economy of Hong Kong. And in that regard, I’d suggest that you read the information on our websites about the business investment visa, because it’s no small challenge to be able to secure an ongoing sponsorship in Hong Kong on the basis of your own, in a sense, freelance activities. So, that answers the first part of your question.

In so far as the second part of your question goes, let’s set the scene. For example, let’s says that you’ve been here under continuous residence visa permissions for six and a half years and that your current IANG Visa has just recently been extended and you’ve secured a one-year limit of stay, which is then going to take you conceptually to a full seven and a half years’ worth of continuous ordinary residence in Hong Kong, holding back-to-back residence visas throughout all of this time. So the point of seven years, of course, you can make your application for the right of abode and at that point you have to show that you have been continuously and ordinarily resident in Hong Kong for those seven years.

There is no inquiry as to what you’re doing in relation to your existing employment. The Immigration Department will want to see that you do have a valid period of stay under employment status and they will typically not look for confirmation as to how you’re going to be spending your time under your 12 months of immigration arrangements for non-local graduates.

Therefore, conceptually, it might be that you can get to seven years by having extended your immigration arrangements for non-local graduates’ visa and then gone off and freelance for a few months before making the right of abode application. And because at the time that you get your right of abode application approved, all conditions will be lifted as to your continuing residence in Hong Kong, you would then typically not be called to account for any time that you spent under immigration arrangements for non-local graduates, once you were freelancing as such. So that’s the upshot of it.

And I hope you found that useful!

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