What Exactly Do You Need To Include In A Visa Application To Join In A Side Business In Hong Kong?

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

What Exactly Do You Need To Include In A Visa Application To Join In A Side Business In Hong Kong?

So, you sense there’s an opportunity to augment your salary with some freelance work so how do you go about making an application to join in a side business in Hong Kong?

QUESTION

Dear Visa Geeza,

I have listened to your podcasts regarding sole proprietorship and followed the information given.

Background information – I am currently working as a Business Manager (3+ years) for a Hong Kong based company who holds my working visa.

My employer has agreed that I can work outside of my current company as a sole proprietor / freelance.

I have registered and got my BRC and waiting on forms to open a bank account.

My questions is, what is the best way to approach immigration / who to write to regarding acceptance of my sole proprietorship?

1) My employer to write a letter confirming that they allow me to work outside the company – is there anything you would advise to include / not include?

2) A personal letter from myself outlining my business activates / plan – during work for my current company I have been approached by a number of other businesses and sometimes friends who want certain services for Hong Kong companies.

Do I need to outline in detail or just explain what services I will be offering?

Do I then need to link how this will benefit Hong Kong and potentially create new jobs etc?

Any advice would be great as this will hopefully be the last step and I can start accepting work during my free time and keep immigration happy.

Thanks!

ANSWER

Yes, so as you’ve understood going about getting the permission of the director immigration to joining the side business requires you essentially to get the permission of your current employer to confirm that they have no objection to you taking up this side business, and they need to do that in writing.

And in so far as the inclusions essentially so long as the employer, sponsor clearly denotes that he has no objection to taking up that side employment then really that’s the sum of that correspondence part to the Immigration Department.

Then in terms of a personal letter from yourself outlining a business activity, yes, essentially what you do is you talk about the work that you do for your current employer, how you have sufficient time, free time that you could use productively, and you’ve been approached by various parties in Hong Kong to provide those services. Consequently, in anticipation of the Immigration Department approving you to uptake that side business, you have established a sole proprietorship, and you are standby ready to begin work on side projects the moment the director of immigration authorizes it in writing.

So, yes, I would essentially set out in your current letter to the Immigration Department, the rationale for you wishing to take up that side employment. At this point I wouldn’t really get into issues about how it’s going to benefit Hong Kong and potentially create new jobs and the like, the expectation of a side business is that it’s something you do on the side, something that supplements and supports the income that you receive from your current employer and by giving you permission to join in the side business the Immigration Department essentially saying okay, we acknowledge that you have other talents that could be marketable, we don’t particularly want to stand in your way of you being able to exercise those marketable talents for profitable end, just so long as your current employers employment interests are not compromised by your proposed side business activities hence the Immigration Department needing the permission of the employer to go forward with an approval for such an application.

So, yes I wouldn’t harp on too much about how we’re going to create local jobs and add a lot of value to the economy of Hong Kong. Essentially the side business process anticipates that there is some value creating activity, there’s no need to argue for it as such and clearly if you do believe you’re going to create new jobs then that begs the question as to whether or not that’s a part time side business or whether it’s a full time business and if it’s a full time business and clearly you need to stop working for your current employer and make an application for a wholly-fledged business investment visa instead.

So, essentially those are the 2 things you need to be thinking about when crafting your letter to support the proposition that you should be allowed to join in your side business.

Okay, its application to the 5th floor of immigration tower address to the residence section, you can send it in by mail, there’s no need to show up with your passport to progress this type of application and the Immigration Department will deal with you by correspondence through to your approval.

Okay, I hope you found that useful.

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I Am An Independent Contractor Not An Employee – Can I Get An Employment Visa As An Intercompany Transferee?

Posted by The Visa Geeza / in Employment Visas, Investment Visas, Your Question Answered / 4 responses

I Am An Independent Contractor Not An Employee – Can I Get An Employment Visa As An Intercompany Transferee?

Sometimes, round-pegs-in-square-holes situations crop up which make the challenge of securing a Hong Kong employment visa especially daunting!

This question raises a very interesting set of circumstances which make for an interesting visa application experience ahead!

QUESTION

“I have been working for the same group of companies for the last 7 years. We have operations in both Singapore and Shanghai turning over approximately USD7 million each year. While I am based in Singapore, my employer wants me to relocate full time to oversee our operations in Hong Kong. Our Hong Kong company has no staff and only a ‘brass plaque’ presence, however, we have been booking profits there for the last couple of years and can show a USD2 million turnover. This will increase by another USD3 million in the next 12 months. I have been providing my services to the group via a Pte Ltd company in Singapore since the very beginning and will be doing the same thing in Hong Kong through my own Hong Kong Ltd company which I established 6 months ago in the expectation of this relocation. My annual contract is valued at USD150,000 p.a. plus bonuses. The Hong Kong business will grow with my relocation there and we will hire local employees and share an office, initially, with one of our trading partners – although it will take 9-12 months for any of this to happen. What type of visa am I looking at, what documents should I prepare and how long will it all take? Thanks!”

ANSWER

Essential Approvability of Your Circumstances

Given the size and nature of your company’s commercial endeavours in both Singapore and Shanghai along with the fact that your Hong Kong company is showing a historical turnover of c.USD2 million in the recent past and will likely record a further c.USD3 million in the next 12 months, there is little doubt, in my opinion, that your company’s ‘story’ for Hong Kong will pass muster with the Hong Kong Immigration Department (“HKID”).

Moreover, the fact that you are a 7 years strong ‘defacto’ intercompany transferee being deployed to Hong Kong from Singapore in pursuit of that story, gives me confidence in being able to advise you that, when your application for a Hong Kong residence visa made under the General Employment Policy has played itself out, you will indeed be granted the immigration permissions you are seeking to allow you to direct, manage and oversee the Hong Kong activities of your group as you have set them out in your question.

The Principal Challenge

The fact that you are not a formal employee of the group business but are an independent contractor places you in a round pegs in square holes situation in so far as your application to the HKID goes.

Under the General Employment Policy, an application for an employment visa on an intercompany transferee basis is usually a quite straightforward affair. Ostensibly, you need to adduce evidence to the HKID of your current employment with a group company (official governmental filings evidencing you as an employee usually serve this role), produce an employment contract extended from the Hong Kong entity to you personally to cover your ‘transfer’ into Hong Kong and then set out educating the HKID as to how the economy of Hong Kong will be substantially benefitted by your Hong Kong company being afforded the privilege of being deemed an acceptable sponsor for your employment visa permissions.

This Infographic lays out in simple terms what’s involved in the out and out employment visa scenario. Whilst this content does not assume an intercompany transferee situation, the approvability test and the process involved are essentially the same.

However, due to your historical status as an independent contractor and not an out and out employee, the HKID will automatically assess your application on the investment visa criteria which will put you in the realm of a one-man business. This Infographic covers this scenario.

As you can see, the two approaches in the employment visa consideration exercise under the General Employment Policy are very different and the trick to an efficient, stress free application in your circumstances is to educate the HKID as to the rationale for the independent contractor relationship both in your situation specifically and also in your industry generally and then go on to apply a hybrid investment visa/employment visa approvability argument, seeking to minimise the onerous requirements of the investment visa criteria and up-play the intercompany transferee employment visa criteria.

This is not, by any means, a run of the mill situation!

For more reading on the investment visa, please read this Post. Moreover, this content discusses how, sometimes, in what appears to be a straighforward intercompany transferee situation, things can go terribly wrong (hence the need to be careful about how an application is approached).

Documentation Generally

You can gain a sense of the documentation needed under both of the visa types at play in your situation as follows:

Employment Visa Checklist
Investment Visa Checklist

Case Processing Time

It would be reasonable to expect the application processing time, from first submission through to application outcome, to last 10-14 weeks, depending on the speed at which you turn around the provision of documentation when called for by the HKID as part of the case consideration exercise subsequently.

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How Does Hong Kong Right Of Abode Downgrade To The Right To Land Materialize And What Are The Immigration Implications Of This?

Posted by The Visa Geeza / in 60 Second Snapshot, Long Stay & PR / 80 responses

How Does Hong Kong Right Of Abode Downgrade To The Right To Land Materialize And What Are The Immigration Implications Of This?

First Published January 17, 2013

If you are a foreign national permanent resident of Hong Kong you will hold a permanent identity card and, as a result, will possess the Rolls Royce immigration status of what is called the right of abode.

The right of abode provides you with, effectively,  defacto citizenship of the HKSAR, although you are not entitled to apply for a HKSAR passport as you would have to go one step further by renouncing your current nationality and complete the process of naturalizing as a Chinese citizen first.

The right of abode is exactly that.

With the status of right of abode owner you get the following rights:

(1) to land;
(2) to be free from any condition of stay (including a limit of stay)
(3) not to be deported from Hong Kong, and
(4) not to be removed from Hong Kong.

However, the Hong Kong Right of Abode can be downgraded to the Right to Land and therefore have a series of implications that we will detail above.

In immigration circles, there is raging debate about the true quality of the right of abode granted to long stay foreign nationals in Hong Kong because, in actual fact, it can be lost.

In order to maintain the right of abode, foreign nationals have to satisfy one ongoing condition – that he maintain his connections to Hong Kong by showing that he has been present in the HKSAR on at least one occasion in any given 3 year period.

This can easily be achieved, by making a single entry through immigration and landing in Hong Kong. Conceptually, you could then turn right around and leave Hong Kong immediately, and your right of abode would be maintained for another 3 years.

However, if you fail to satisfy the 3 year rule you will, by operation of law, lose your right of abode and be downgraded to the mere right to land – which effectively means that you can now be deported from Hong Kong after all.

In a practical sense, this doesn’t really have any major impact on the affected person.

You can still live in Hong Kong, work, establish or join in a business, study, sponsor parents for dependant visas and enjoy all of the other day-to-day privileges which accompany life in Hong Kong, although you won’t be able to vote in elections, access public financial assistance or participate in the various government programmes such as the recent Scheme 6000 or benefit from the stamp duty benefits in relation to the purchase of property.

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How Can I Prove The Veracity Of My CV For My Hong Kong Employment Visa Application If A Prior Employer Is No Longer In Business?

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

How Can I Prove The Veracity Of My CV For My Hong Kong Employment Visa Application If A Prior Employer Is No Longer In Business?

If you’re claiming skills, knowledge or experience on your CV as part of your argument for a Hong Kong Employment Visa Application – what’s the gig if you can’t fully  support your claims with references or testimonials?

QUESTION

Hi, I am 8 weeks into applying for an employment visa (I’m British).

I have given the documents and a couple of weeks ago had to supply a reference which I managed to get hold of.

And yesterday my would be company heard from them again asking for another reference that was listed on my CV.

However.. the person has now left the company (the company may have even closed and now they have changed careers (it was a 5 year ago position I was referencing).

Do you think it’s OK for this person to state that they have left the company and just provide a letterheaded reference from their current place?

My other friend said it may be tricky.

Please help if you can. I’m not sure what to do.

Thanks a lot!

ANSWER

Naturally enough if you are claiming certain skills and experience on your CV and you’re expecting the Immigration Department to rely on them as being a true and accurate statement of your experience and work capabilities, it’s incumbent upon you to produce the kind of documentation which speaks to the veracity of your CV.

Now, of course, on occasion, it might prove impossible as you’ve encountered to pick up a particular reference from sometime prior particularly if that employer is no longer in business. So usually what the Immigration Department is prepared to do is to at least receive the second best evidence that you can supply and if that happens to be a reference or a document that speaks to your time in that business, or that employer organization and it’s from someone who knew at that time or possible was your superior, the Immigration Department will certainly take that into consideration. Whether it will prove ultimately satisfactory or not, in the final analysis, depends on just how important the time spent in that employment is to the relevance of your current application.

If for example, you’re saying that you’ve been responsible for producing moon widgets for that company and your special skills knowledge and experience for the new employer is to show that you’re going to be producing moon widgets and the Immigration Department have got no way of concluding effectively that you have the experience that you claim, then you know, it could speak to the approvability all told. However, it’s just general affirmation that you spend time in that role in that position, it’s nothing too sensational about it from the approvability perspective, and then you can expect that second best evidence will suffice.

But the final analysis you have the burden of proof in relation to the extent of your CV. So, as far as you can satisfy the requirements the stronger you’re putting yourself forward for an eventual approval.

Okay, I hope you find this useful.

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Applying for Right of Abode in Hong Kong After 7 Years | How To Complete The Confusing Sections On the ROP145 Application Form

Posted by The Visa Geeza / in Long Stay & PR, Musing / No responses

Hong Kong Immigration ROP145 Application Form

Help!

The Hong Kong Immigration Department’s ROP 145 application form is used for the “Application for Verification of Eligibility for Permanent Identity Card.”

What Is It?

This ROP145 application form is intended for individuals who wish to verify their eligibility for a Hong Kong Permanent Identity Card.

The form is a part of the process of establishing one’s right of abode in Hong Kong, typically after having resided in Hong Kong for a continuous period of not less than seven years.

Why Should You Care?

If you’re a long-stay foreign national resident of Hong Kong and seeking to change your immigration status to permanent residency you will therefore have to complete the ROP145 application form.

There is a lot of confusion on pages 2 and 4 about which section to tick.

This Is What To Do …

Page 2 ROP 145

As you are not a Chinese national and you have been continuously resident in Hong Kong for a minimum of 7 years, this is for you. On the ROP145 application form page 2, your claim for permanent residency is based on criteria 4.

Page 4 ROP 145

This is where the confusion comes in. On the ROP145 application form page 4, there is a subtle difference between 6(4) and 6(5).

6(4) = Chinese citizens

6(5) = You!

Hope you find this helpful!

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Hong Kong Employment Visa | A Comprehensive Guide | Updated | November 2023

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

All You Need to Know | Business Immigration In Hong Kong | Updated Q3 2023 | Part 7/24

A Non-Resident Applying For A Hong Kong Employment Visa?

Part 6/24 | Explore Business Immigration In Hong Kong With Our In-Depth Guide | Here

A Comprehensive Guide to Obtaining a Hong Kong EmploymentVisa

Are you a non-resident looking to apply for an employment visa in Hong Kong? Navigating the complexities of the General Employment Policy (GEP) can be challenging, but with the right information and preparation, you can successfully secure your Hong Kong Employment (Entry) Visa.

Understanding the Hong Kong Employment Visa Requirements

To be eligible for a Hong Kong Employment (Entry) Visa, applicants must meet specific criteria:

Educational and Professional Background: A bachelor’s degree and at least two years of post-graduation work experience in a managerial or supervisory role are typically required. However, the Immigration Department may consider applicants with significant technical qualifications and relevant work experience.

Unique Skills and Knowledge: Applicants must possess special skills, knowledge, or experience that are valuable in Hong Kong and not readily available in the local workforce.

Character and Compensation: Good character is essential, and the compensation package must be in line with market rates, including income, accommodation, medical, and other benefits.

Credible Employment Visa Sponsor: The employing company must be established in Hong Kong, with a proper office setup and local employees.

Application Process for a Hong Kong Employment Visa

The application process generally takes 4-6 weeks and involves several steps:

1. Submission of Documents: Required documents include application forms (ID990A for the applicant, ID990B for the employer), marriage and birth certificates for dependents, recent photographs, passport details, CV, academic qualifications, employment references, and company-related documents.

2. Approvability Test: Demonstrate that your skills and experience are valuable to Hong Kong and that your employer justifies hiring an expatriate.

3. Category-Specific Requirements: Whether you are an intra-company transferee, a locally recruited expat, or a non-local expat recruited from overseas, your application must be tailored to meet specific criteria.

Tips for a Successful Hong Kong Employment Visa Application

Prepare a Strong Case: Articulate your unique skills and how they align with the job offer. Ensure that your application addresses the need for your role in Hong Kong and that the job cannot be readily filled by the local workforce.

Understand the Timeline: Be prepared for a processing time of 4-6 weeks, with possible additional time for complex cases.

Respond Promptly to Requests: The Immigration Department may ask for further information. Responding promptly and thoroughly is crucial.

Accompanying Dependents

If you are successful in obtaining an employment visa, your legal spouse and children under 18 can join you as dependents. They are permitted to work, establish or join a business, or study without additional permissions.

Last Words …

Securing a Hong Kong Employment Visa requires careful preparation and a thorough understanding of the requirements. By focusing on the unique skills and experiences you bring to Hong Kong and ensuring all documentation is correctly prepared and presented, you can enhance your chances of a successful application.

 

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What Kind of Visa Can We Get So My FDH Girlfriend (Contract Terminated) Can Stay With Me in Hong Kong?

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

What Kind of Visa Can We Get So My FDH Girlfriend (Contract Terminated) Can Stay With Me in Hong Kong?

Any possibility for love to continue in the wake of a terminated FDH contract?

QUESTION

My girl friend is a Filipino domestic helper who has just left her employment with a Chinese family – however, she wants to stay in Hong Kong with me.

Can you advise me on how this might be achieved?

ANSWER

Today’s question is a really good one, it goes to the heart of how a couple that are here together are about to be separated as a result of the immigration status change for a foreign domestic helper.

When the employment of a foreign domestic helper in Hong Kong comes to an end by operation of law their immigration status switches from foreign domestic helper visa through to a two-week automatic visitor visa and at the end of those two weeks they are expected to leave Hong Kong unless in the intervening period they’re able to source and alternate employer and procure assigned employment contract, then a foreign domestic helper can then take that down to the Immigration Department, begin the processes of the foreign domestic helper visa a contract under the new sponsor and the Immigration Department allow the foreign domestic helper to remain Hong Kong a few short weeks for that process complete itself.

So in this situation where a foreign domestic helper no longer has an employer but is in a relationship with somebody in Hong Kong who is a resident and they’re trying to create the circumstances where they can remain together here, there are very limited options all things considered.

The mere fact of being in a relationship with the Hong Kong resident in of itself doesn’t give the foreign domestic helper any opportunities to continue to stay in Hong Kong on the extended visitor visa permissions.

So, over the long haul what’s going to be needed is some kind of other residential status that could be suitable for her in her circumstances. But a close analysis of the various visa types that are on offer suggests that the pickings are not going to be particularly rich.

So, the first thing that she could do would be to obviously leave Hong Kong, go through the process of being accepted into a Hong Kong University for a degree level type course and at that point she’ll be able to get a student visa, assuming that she can show that she’s got the resources to be able to finance herself during the currency of her studies and that will then give her effectively student visa permission, she will to be able to live, and your relationship will be able to continue.

If she were some kind of Nobel laureate or had won some kind of a prize or medal in the Olympics for the Philippines, then possibly she could make an application for the Quality Migrant Admission Scheme but again that just seemed a little bit ludicrous given that she’s here as a foreign domestic helper.

So, I suspect that that opportunity for her is not available. It’s very difficult to expect that she’ll be able to procure a job offer outside of providing foreign domestic helper services because in a sense, once she secured her first foreign domestic helper visa, she disclosed to the Immigration Department what her background is.

And normally, if you’ve been a foreign domestic helper, it’s extremely difficult to go on and argue for the purposes of an employment visa application, subsequently, you’re  professional under the general employment policy. So arguably, that’s not going to work.

So, it’s very difficult to suggest that there’s anything that you can really do in these circumstances. One thing that I would strongly recommend against is the temptation to potentially putting your name forward as her partner to be your foreign domestic helper, you may be able to pull the wool over the eyes of the Immigration Department in this regard, but it certainly won’t make it lawful and I would strongly recommend that you don’t embark down that path.

So, I’m sorry the news isn’t great but that’s kind of, really about the shape of it I’m afraid.

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