Can The Company You Have Just Left Contact Hong Kong Immigration And Make Your Visa Expire Immediately?

Posted by The Visa Geeza / in Employment Visas, Special Programmes, Your Question Answered / 14 responses

Contact Hong Kong Immigration and make your visa expire? This question comes up often enough for it to warrant another explanation of the arrangements which prevail (current ImmD practice)…

QUESTION

Dear Visa Geeza,

 I’m under the impression that when you leave a company that has been sponsoring your employment visa or if you are fired, that as long as your visa hasn’t expired you are allowed to stay in Hong Kong and look for new employment.

Can the company you have just left contact immigration and make your visa expire immediately so you therefore lose the right to stay in Hong Kong and look for work? 

ANSWER

This scenario is very much an old chestnut; so, I’d like to take this opportunity to hopefully sort of bury it once and for all time. Effectively, when you secure an employment visa sponsored by a Hong Kong employer, you get two privileges: (1) you get the privilege to do the work – that’s nominated in the employment contract for the sponsor of record, and (2) you also get the privilege to reside – that flows naturally from the privilege to work.

When you stop working for your current employer, your privilege to work ceases, but your privilege to reside continues until your current limit of stay expires, or the Immigration Department remove it from you, whichever is the sooner it is; in fact, the Immigration departments standard practise to allow the current limit of stay to expire where there has been a situation such as yours, and therefore you will be allowed to remain in Hong Kong to carry on your lives until your current limit of stay expires, whereupon you’re expected to leave.

Additionally, it is considered a ‘permitted activity’ under your continuing privilege to reside to look for and indeed interview for work. However, it is not ‘permitted activity’ to take up that employment. Therefore, prior to joining in a new company (sponsor) in Hong Kong, you will have to make an application to change your sponsorship so that the Immigration department can apply the approvability test in the context of the new job offer that you’ve got in hand and will then, once applying that approvability test, determine whether you should be able to take up that employment and in the process re-invoking your privileges to work for that new employer. So that’s how all of that works.

In terms of an ex-employer contacting the Immigration Department and ask that your privilege to reside in Hong Kong be suddenly be immediately revoked, the Immigration Department tend not to get involved in issues associated with reasons as to why an employment might have come to an end.

In other words, an employer does have an obligation to inform the Immigration Department of material change in circumstances as regards their sponsorship charges – and so normally an employer will write to the Immigration Department to advise them of the official date of employment termination (and the Immigration Department just hold that on file and the termination date of your prior employment becomes a matter of your record), but the employer cannot sort of overreaching themselves and saying that you should not be allowed to remain in Hong Kong for reasons such as  you having not have done your job well or any of this kind. The Immigration Department won’t take on board any of that, as they just look at the circumstances dispassionately and will just reflect the fact of your cessation of employment with that sponsor, rather than taking any steps towards, in a sense, punishing you for what might have passed during your prior employment, and not making it possible for you to make an honest application to change your sponsorship and continue your lives in Hong Kong on the basis that you’ll be able to get that change of sponsorship application approved.

In a nutshell, the answer to your question is: an employer can’t effectively kick you out of Hong Kong just because they happen to be your employment visa sponsor of record.

I hope you find this useful.

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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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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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13 – How To Apply For A Hong Kong Investment Visa Without Any Professional Help – The Catch 22

Posted by The Visa Geeza / in Investment Visas, Musing / 23 responses

13 – How To Apply For A Hong Kong Investment Visa Without Any Professional Help

– The Catch 22 –

First Published February 28, 2013 – But The Advice Holds Good Today

On January 17, 2013 I gave a talk at Centre O in Wanchai on how to go about applying for a Hong Kong business investment visa without the need to pay for any professional help.

The 30 minute talk was broken down into 24 very easy to digest segments and each of these segments is presented here.

The talk is designed to allow the D-I-Y visa applicant to use the 100% free resources of both the Hong Kong Visa Handbook as well as the Hong Kong Visa Geeza Blog.

Please see:

10 Must Have Resources for Any Hong Kong Investment Visa Application

and

The Hong Kong Visa Handbook

The videos will be added incrementally over the course of the next 2-3 weeks until the entire talk has been presented.

In the meantime, why not sign up for our D-I-Y Visa Kit here?

The Complete Series

1 – Introduction

2 – Relax & Enjoy The Talk

3 – Order Of Business

4 – 10 Must Have Resources

5 – The Policy Of It All

6 – Who Doesn’t Have A Visa Problem?

7 – The Pathway For Mainlanders

8 – What Can You Do As A Visitor?

9 – Employee Or Investor?

10 – Investment Visa Approvability Test

11 – Three Pillars Of Approval

12 – How  Much Cash Investment?

13 – The Catch 22

14 – What About Your Family?

15 – Why Do Cases Get Denied?

16 – Trying Again?

17 – 10 Must Use Resources

18 – 10 Must  Use Resources (Infographic)

19 – 10 Must Use Resources (Visa Factsheet)

20 – 10 Must Use Resources (Application Plan)

21 – 10 Must Use Resources (Case Studies)

22 – 10 Must Use Resources (Templates)

23 – 10 Must Refer Resources (All Good Stuff!)

24 – Your Questions Answered

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The Right of Abode & Permanent Residence For Foreign Children In Hong Kong

Posted by The Visa Geeza / in Long Stay & PR, Musing / 6 responses

The Right of Abode & Permanent Residence For Foreign Children In Hong Kong

What is the situation as regards the Right of Abode & Permanent Residence for foreign children in Hong Kong when they reach 21 years of age? Clearing up the confusion as to HKID cards at 11, 18 and what happens at 21?

The Right of Abode & Permanent Residence For Foreign Children in Hong Kong

There are 2 PR ‘Categories’ to consider where children born or otherwise permanently resident in Hong Kong are not Chinese nationals.

Category D – Is a person not of Chinese nationality who has entered Hong Kong with a valid travel document and has legally and ordinarily resided in Hong Kong for a continuous period of not less than seven years.

* If a child not of Chinese Nationality and born outside of Hong Kong – they need to live legally, ordinarily and continuously in Hong Kong for at least 7 full years to be eligible for a Permanent Hong Kong Identity Card (meaning PR or Right of Abode – it’s all the same thing).

In the case of this Category D child, it means, typically, they hold a dependant visa for 7 years (or sometimes a student visa) and then apply to have their eligibility for a Hong Kong Permanent Identity Card verified after 7 years of continuous ordinary residence in Hong Kong. If they are over 11 at the 7 year mark, they get a Juvenile Permanent HKID Card which needs to be updated at the age of 18. There is no re-verification exercise by the age of 21 for a Category D child (see Category E, below).

Category E – Is a person under 21 years of age not of Chinese nationality who was born in Hong Kong to a parent who is a permanent resident of the HKSAR by virtue of Category D at the time of their birth or at any later time before he/she attains 21 years of age.

* If a non-Chinese child was born in Hong Kong to a Category D parent, the child will automatically obtain the status of a permanent resident at birth or otherwise when one parent subsequently acquires Permanent Residency under Category D. The eligible parent when applying for PR under Category D, can include the child’s application at the same time which will then be approved under Category E. Note that upon attaining 21 years of age, the child ceases to be a permanent resident of the HKSAR under Category E and will then need to apply to the Director of Immigration for the status of a permanent resident of the HKSAR under Category D.

Identity Cards For Children Under Category D or E

Prior to the age of 11 years, children are too young to have ID cards issued to them. During these years their PR status is recorded in a sticker endorsement in their passports. Upon reaching the age of 11, the child can apply for a Juvenile ID card. This ID card will denote the holder having the Right of Abode in Hong Kong. Inherent in this ID card is the Category D or Category E status. At the age of 18, the Juvenile ID card is no longer appropriate and so needs to be updated to an adult ID card.

If the applicant for this adult ID card is Category D, the Right of Abode is maintained with no further ado just so long as he/she is physically present in Hong Kong on at least one occasion in any three year given period.

If the applicant for this adult ID card is Category E, he/she has the option to either (i) seek to change from Category E to Category D PR status by demonstrating continuing ordinary residence in Hong Kong at the time of the adult ID card application, then issue the new adult ID card on this basis OR (ii) defer the application to change from Category E to Category D PR status until they are 21 years old and merely apply for the update to the adult ID card as an administrative exercise [only] in the meantime.

What Happens At 21 For Category E PHKID Card Holders?

The Director of Immigration generally writes to the Category E PHKID Card holder informing them of their need to re-verify their eligibility for the Permanent Identity Card given their impending 21 years as such Category E persons automatically lose their Right of Abode until and unless they reverify their continuing eligibility for the same. The idea is to ensure that anyone who acquires PR in Hong Kong by virtue of their birth in Hong Kong to a non-Chinese PHKID holder under Category D has maintained their connections to Hong Kong.

If they are unable to successfully demonstrate their ongoing connections to Hong Kong they will be downgraded to the Right to Land in the same way a Category D PHKID card holder will be downgraded to the Right to Land if they are absent from Hong Kong for more than 1095 days continuously.

Maintaining Eligibility For The Right of Abode

For Category D PHKID card holders, it is simple. Be physically present in Hong Kong on at least one occasion every 1095 continuous days.

For Category E, PHKID card holders, it is more problematic where connections to Hong Kong have not been maintained.

Generally, if the parents’ family home has been maintained in Hong Kong or otherwise own residential property in Hong Kong, the parents themselves have been ordinarily resident in Hong Kong or otherwise objectively still connected to Hong Kong (say with a very well-established family owned business being operated out of Hong Kong with reasonably frequent parental visits to that business being undertaken) ImmD will conclude that the Category E PHKID holder remains ordinarily resident in Hong Kong even if a lot of time has been spent away from Hong Kong, especially where the Category E >> D applicant has been pursuing an education overseas.

Generally, the problem arises where the whole family has essentially decamped from Hong Kong permanently whilst still retaining their Category D Right of Abode status by making at least one trip back every 3 years. If the Category E>>D applicant can’t demonstrate the requisite continuing connections to Hong Kong, they will fail in their Right of Abode re-verification application and be downgraded to the Right to Land.

A Category E PHKID holder will more than likely fail in his/her application for Category D Right of Abode status if they are back in Hong Kong merely once every 1095 days as this doesn’t really amount to maintaining connections to Hong Kong if the family have otherwise ‘gone home’ or ‘moved on’ from Hong Kong.

However, every such application will be considered entirely on its own merits.

What Is ‘Permanent Residency’ Anyway?

So, you’ve been downgraded to the Right to Land by virtue of absence from Hong Kong as a Category D PHKID holder having been absent from Hong Kong for more than 1095 days continuously.

Or …

You could not qualify for continuing Right of Abode under the Category E>>D reverification exercise at the age of 21.

Given that you are now holding the ‘mere’ Right to Land in Hong Kong, are you still a PR of Hong Kong?

You most certainly are!

Moreover, this status cannot be lost under any circumstances. Right to Land is a functional equivalent to the Right of Abode when it comes to working, studying, starting a business, retiring and sponsoring dependant visas for all qualifying family members, including dependant parents over the age of 60.

Essentially, the Director of Immigration cannot impose any condition or limit of stay on you in Hong Kong.

You literally have the right to land and live here.

More On The Right to Land

See this Post, here.

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Hong Kong Visa Approval Rate | ImmD Report Card | February 2024

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

The Hong Kong Immigration Department Shed Some Light On Talent Attraction Endeavours

Hong Kong Visa Approval Rate: Balancing Security and Global Talent

This post was prompted by an article appearing yesterday in the South China Morning Post.

Summary: The immigration policies of Hong Kong are strategically designed to prioritize security and prosperity while also attracting global talent and investment. The introduction of the national security risk assessment for visa applicants reflects a global trend in advanced immigration jurisdictions. This approach safeguards national interests while creating an environment that attracts intellectuals, professionals, and entrepreneurs from around the world. The professional handling of visa applications, regardless of the applicant’s field of work, ensures that Hong Kong remains a beacon for diverse talent.

Promoting Fairness and the Rule of Law

Recent visa incidents involving academics and journalists have sparked discussions on the delicate balance between national security and freedom of expression. These cases underline the complexities of immigration policies in the context of global mobility and security concerns. However, the Hong Kong Immigration Department’s transparent and case-by-case evaluation process demonstrates a commitment to fairness and the rule of law. By protecting the city’s security while maintaining openness to diverse ideas and cultures, Hong Kong remains an attractive destination for intellectual exchange.

Welcoming Nature Reflected in the Approval Rate

Statistical data provided by the Immigration Department paints a clear picture of Hong Kong’s welcoming nature. Despite the challenges of the COVID-19 pandemic, the visa refusal rate remains significantly lower than during the pre-pandemic period, indicating the city’s ongoing appeal as a global hub. The recovery of travel to 70% of pre-pandemic levels is a positive indicator of Hong Kong’s resilience and its ability to attract visitors and potential residents.

According to the latest statistics released by the Hong Kong Immigration Department, the city’s visa approval rate stands at an impressive 85%, showcasing the efficiency and effectiveness of the immigration system. This high approval rate is a testament to the Immigration Department’s commitment to balancing security concerns with the attraction of global talent. The data further reveals that the approval rate has shown a gradual increase over the years, highlighting the continuous efforts made by Hong Kong to streamline its immigration policies.

Flagship Initiatives Attracting World-Class Talent

Hong Kong’s proactive stance in attracting world-class talent is exemplified through initiatives such as the Top Talent Pass Scheme and the Quality Migrant Admission Scheme. These programs enhance the city’s competitive edge by attracting individuals who can contribute to its economic, technological, and cultural development. The high approval rates and the substantial number of applications received are evidence of the success of these initiatives.

The Top Talent Pass Scheme is specifically designed to attract high-skilled professionals who possess outstanding achievements or skillsets that can significantly contribute to Hong Kong’s development. Under this scheme, applicants are granted a work visa that allows them to reside and work in Hong Kong for an extended period. The approval rate for this scheme has been consistently high, indicating the city’s attractiveness for top talent from around the globe.

Similarly, the Quality Migrant Admission Scheme aims to attract qualified individuals with exceptional skills or talents to settle in Hong Kong. Applicants are assessed based on a points-based system that takes into account factors such as age, education level, work experience, and language proficiency. The scheme has seen an encouraging approval rate, representing the city’s commitment to fostering a diverse and talented community.

Concerns of Misleading Promises

However, the issue of misleading promises made by certain immigration agencies is a significant concern. Some agencies provide false guarantees regarding job placements and visa approval chances, deceiving applicants and tarnishing the reputation of the immigration process. To counteract this unethical practice, the Hong Kong Immigration Department actively encourages applicants to apply directly. This direct application process, combined with the expertise of reputable immigration professionals, improves transparency, ensures clarity, and enhances the chances of success for genuine applicants.

Hong Kong immigration professionals play a crucial role in guiding applicants through the intricacies of the immigration system. These experts provide invaluable assistance, ensuring that applicants are well-informed about the process, requirements, and potential pitfalls. By working with reputable immigration professionals, candidates can optimize their applications and increase their chances of visa approval. The Immigration Department’s long-standing willingness to work with these professionals fosters a trustworthy and reliable ecosystem that benefits both applicants and the city as a whole.

Security Assessments in a Changing International Landscape

Hong Kong’s alignment with the global trend towards stringent background checks and security assessments for visa applicants is a proactive measure to protect the city’s interests. This national security risk assessment aligns the city’s practices with those of other sophisticated immigration jurisdictions worldwide, striking a balance between security concerns and the openness necessary to attract global talent and investment.

The national security risk assessment is a comprehensive evaluation conducted on visa applicants to assess potential risks to Hong Kong’s security. This assessment takes into account several factors, including the applicant’s background, affiliations, and potential risks posed to public safety. While this assessment is part of a global trend, Hong Kong ensures that it maintains transparency and fairness throughout the process. Each application is evaluated on a case-by-case basis to ensure that security concerns are properly addressed without unfairly discriminating against individuals.

Hong Kong Visa Approval Rate as a Barometer

In light of these developments, the “Hong Kong Visa Approval Rate” emerges as a key indicator of the city’s immigration stance and its commitment to security. This metric reflects the efficiency, fairness, and transparency of the immigration process. It also serves as a barometer for Hong Kong’s attractiveness as a global city, measuring its ability to strike a balance between security and openness.

Through continuous efforts to streamline immigration policies, enhance transparency, and combat deceptive practices, Hong Kong aims to maintain its reputation as a premier destination for international talent. The high visa approval rate demonstrates the city’s commitment to welcoming diverse individuals who can contribute to its vibrant community. Moreover, the commitment to transparency and fairness ensures that Hong Kong’s immigration system remains accountable and efficient.

Sustaining Hong Kong’s Position as a Premier Destination

The ongoing efforts to streamline immigration policies, combat deceptive practices by agencies, and maintain a welcoming environment are crucial for sustaining Hong Kong’s position as a premier destination for international talent. As the city continues to navigate the complexities of global immigration trends, its policies and initiatives provide a model for balancing security with openness. The commitment of the Immigration Department to transparency, fairness, and efficiency ensures that Hong Kong remains a vibrant, secure, and attractive place for individuals from all walks of life. This balanced approach fosters an environment where innovation, diversity, and security coexist, contributing to the ongoing prosperity and global standing of the city.

Overall, Hong Kong’s visa approval rate reflects its commitment to security, fairness, and attracting global talent. As the city adapts to changing international dynamics, it continues to refine its immigration policies to strike the right balance between safeguarding national interests and remaining an open and attractive destination for individuals from around the world. With a transparent and case-by-case evaluation process, sustained efforts to combat deceptive practices, and initiatives that prioritize talent and expertise, Hong Kong remains a city that champions prosperity, diversity, and security in its immigration system.

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