Joining In A Side Business In Hong Kong – An Obvious Visa Solution For Certain Types Of Employed Professionals

Posted by The Visa Geeza / in Employment Visas, Investment Visas, Your Question Answered / 2 responses

Joining In A Side Business In Hong Kong – An Obvious Visa Solution For Certain Types Of Employed Professionals

Thinking about joining in a side business in Hong Kong? Certain foreign national professionals who teach in Hong Kong, especially those at university, often find themselves wishing to participate in their profession whilst educating others. The question is begged as to how they can, from a visa and immigration perspective, go about doing this.

QUESTION

“Hi there.

I’m hoping to discuss gaining a Hong Kong work permit, if possible. My situation is as folllows:

I’ve just arrived in Hong Kong to work. I have a 1-year contract to teach complementary medicine at a university in Hong Kong and who have sponsored my work visa too. This contract may well be open to renewal each year (though it’s not a rolling contract): my department boss informally/verbally indicated that, subject to basic performance requirements, there’d be no reason why it wouldn’t be renewed.

However, besides teaching, I’m also a qualified Reiki practitioner, and this is why I seek advice.

I would like to be able to practice Reiki in Hong Kong, and ultimately for Reiki to become my main or only work here, perhaps alongside some teaching too.

However, as my work visa for this year has been sponsored by the university specifically to teach for them, both they and the Hong Kong Immigration Department would, I understand, need to give me permission to do this work (ie to join an existing clinic or, ultimately, set up my own clinic, have a work permit from the Immigration Department to do so, pay taxes on this work, etc). This current work visa expires in June, 2013.

I have already approached a clinic, and they are willing to take me on, though they also know that I still have the Immigration Department hurdle to deal with.

So my questions are: 

(1) Could you advise what the most efficient and effective way would be for me to be able to practice Reiki legally, both as soon as possible and for the long term, whilst also keeping open the possibility in future of teaching in Hong Kong as another money-earning activity?

(2) Should I set up my own company in Hong Kong as a vehicle for my activities here?

(3) Also, may I ask how long the process might take from now to the end? (I ask because the clinic that wants to take me is waiting).

With thanks and kind regards.”

ANSWER

Thanks for your engaging question. Essentially, these are your choices as I see them at this time:

Option One: You secure the consent of the university for you to join in a side business in Hong Kong practicing Reiki with the clinic as an independant contractor. You’d have to register yourself as a Sole Proprietor (as a minimum) with the Inland Revenue Department and secure a Business Registration Certificate to this end AND make an argument with the Hong Kong Immigration Department (“HKID”) as to why this would be beneficial to the HKSAR.

Please refer the section on Joining in a Side Business on this presentation  from the Hong Kong Visa Handbook (flash).

You can expect this process to take between 6 and 8 weeks to complete.

Option Two:  You cease working for the university and start working for the clinic as a full time, sponsored employee, with the clinic sponsoring you for full time employment visa permissions. You’d have to make a change of sponsorship application and argue with the HKID that you possess special skills knowledge or experience of value to and not readily available in Hong Kong. As, from my understanding, Reiki is an ‘alternative’ therapy, you should not assume that the HKID will immediately recognize Reiki’s bona fides but in the final analysis it’s all about the argument in the context of the offer of employment on the table and the sophistication of your proposed employer.

Please refer to the Employment Visa Information document in the Hong Kong Visa Handbook which sets out the the criteria the HKID will apply to such an application.

Time to finalisation of such an application will be in the region of 4-6 weeks after all the information the Immigration Department have requested has been supplied to allow them to consider and decide on your application.

Option Three: You cease working for the university and go into business for yourself. You would need to apply for a business investment visa. Not an easy challenge as you would for certain have to open clinic premises and anticipate the recruitment of at least one local staff. You would still have the challenge of arguing the bona fides of Reiki as a therapy and go about educating the Immigration Department to this end. You’d need to have a reserve of cash at your disposal to undergo the act of ‘investment’ for the purposes of the approvability test for this visa.

Please refer to the various presentations on the Hong Kong Investment Visa elsewhere in this Blog found here.

A business investment visa normally takes 12-16 weeks to finalise, from beginning to end.

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How A Hong Kong Right Of Abode Application Plays Out

Posted by The Visa Geeza / in Long Stay & PR, Musing / 2 responses

How A Hong Kong Right Of Abode Application Plays Out (Reprise)

I am grateful to a user of our websites who has sent me this report of his experience in his right of abode application recently to share with everyone.

28/01/2021 ROP145 submitted online (as Chinese citizen holding foreign passport, with one period of continuous absence over 6 months).

04/02 receipt of application reference number in the mail (with direct phone number of case officer printed on the letter).

24/02 receipt of letter requesting proof of Chinese citizenship, explanation of the 6+ months absence, and completion of ROP146.

25/02 submission of requested documents online.

17/03 called case officer citing processing time over 6-week and need of traveling, officer informed of “speedy process”.

18/03 case officer called back informing 1st April verification formality scheduled, online status also updated. (HK IMMD is truly efficient and reliable!)

18/03 changed appointment online from 1st April to 22nd March

22/03 went to Wan Chai (with online printout only, before receiving appointment letter from IMMD), completed verification formality on 25th floor (10 minutes), permanent ID card application on 8th (10 minutes), and HK passport application on 4th floor (10 minutes)

23/03 receipt of IMMD appointment letter, online status changed to “Application approved” .

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Can I Set Up A Hong Kong Company, Employ My Business Partner & Sponsor An Employment Visa For Him?

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

Can I Set Up A Hong Kong Company, Employ My Business Partner & Sponsor An Employment Visa For Him?

The answer to this question is multi-part and ultimately driven by the challenges associated with a New Business Situation…

QUESTION

I am based in Hong Kong and would like your advice on visa applications for a friend.  

A friend of mine, who is based in the US and I have been discussing a business opportunity for Hong Kong and I wanted to know the best way for him to secure a working visa.

We had discussed me setting up the company and then employing him and subsequently sponsoring his visa through the company.

Would that work?

The alternative would be for him to apply for an investment visa as he would be the brains behind the operation.

Please can you let me know which option would be best or which would be more successful?
 
Another friend of mine who set up her own recruitment agency here in Hong Kong said that as an expat setting up a company you are unable to employ someone from overseas for the first year of your business being operational.

Is that also correct?
 
Any light you could shed on this would be greatly appreciated.

ANSWER

Okay, what a lovely question with three particular moving parts that I’d like to address.

The first moving part really relates to your own immigration status. I’m going to take the view that you don’t have an immigration problem to participate in this venture, one way or the other. So, for example, because you have a dependent visa, or because you have the right of abode or unconditional stay or right to land or one of the other two types of immigration status that exists that will allow you to participate in this venture with your business partner. So, I’ll assume that there are no immigration applications that in a sense impact on you, because if you were an employment visa holder working for a third-party employer and you wanted to join in this business, there would be an immigration implication arising for you as well as for your business partner, too. But as I say, I’ll just make the assumption that you don’t have that problem in this mix.

Therefore, turning our attention to the second issue, which is what type of mechanism would be suitable for your partner to secure immigration permissions to be in Hong Kong to carry on this business with you.

Well, whether he applies for an investment visa because he’s got the overwhelming majority of the shares in the business or whether, for example, you decide that you’re going to split the business 50/50 between the two of you, the bottom line is that the Immigration Department will be working with a new company or a new business situation. Whether it’s the investment visa or whether it’s an employment visa, because you only own a smaller percentage of the shares, if it’s a new business situation and invariably it is, because in an investment visa scenario it’s a new business per se, then the Immigration Department will apply the approvability test for the investment visa irrespective of how you go about couching the application, all things considered.

That is, in the new business situation, they look to see that the enterprise can make a substantial contribution to the economy of Hong Kong. So, as I say, this would involve the creation of local employment opportunities, it would involve the establishment of a proper office and you need to ensure that you’ve got both funding resources and operational resources. Those are the types of things that are normally present that are driving you to make this investment in Hong Kong in the first place.

All of these facets of the approvability Stiller’s as I’ve couched it, absolutely need to be present, irrespective of whether he takes an employment visa because only got a smaller percentage of the shares than you or it’s an investment visa because he’s got a clear majority of the shares all things considered.

So, one way or the other, it doesn’t really matter, you’re still going to have to pass the essential elements of the approvability test, which I’ve dealt with elsewhere on the blog. So you should be able to find that information when you go looking for it.

Now, the third piece to this is your own friend, who sets up a recruitment agency, who stated it was her experience that in the first year, per se, you’re unable to employ someone from overseas.

Well, that’s not strictly true. Effectively the Immigration Department look at the bona-fide days of the applicant from the perspective of them being able to show they possess special skills, knowledge and experience of value that are not readily available in Hong Kong and that no local person can be expected to do that job. But again, it doesn’t matter the age of the company, if the company is properly resourced, and if the three legs of the approvability stool are all in place, it doesn’t matter the age of the proposed sponsoring entity. If is it a suitable and credible sponsor given the nature of the activities that are going on and the level of resources and availability of local staff to support that business, too.

So, Immigration Department look at it from 39,000 feet. There’s certainly no blanket preclusion that say in the first 12 months, there’s no chance of employing foreigners. It just depends on how strong and well established the business is at the time they make the application.

Okay, I hope you found that useful!

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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 / 3 responses

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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