If I Live and Work in China But Have a Hong Kong Employment Visa Can I Get Dependant Visas for My Family?

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

If I Live and Work in China But Have a Hong Kong Employment Visa Can I Get Dependant Visas for My Family?

To live in Hong Kong requires a place to lay your head here each night. What happens to your application for dependant visas for your family if you don’t have anywhere for them to live?

QUESTION

I have held a Hong Kong employment visa for the last 3 years.

 But most of the time I work in Shenzhen, China.

 I am here with my family  but I am thinking about moving them to Hong Kong finally for good education and other reasons etc.

 Now I want to apply dependant visas for my family: my wife and two kids .

 But I do not have tenancy lease agreement to show residence proof .

Please advise!

ANSWER

The very Bottom line to this question is that in order to get dependent visas for your family to come and live in Hong Kong you need to be able to show that you can put food on their table and a roof over their head.

Now the fact that you have an employment and an employment visa – that will be sufficient for you to be able to show the Immigration Department that you can put food on their table, a roof over their head is mission critical.

And the problem that you’re facing is that because you presently have an employment visa the expectation is that right now you are a resident in Hong Kong because usually, the Immigration Department will not afford resident visas to people who are actually working in China because you need a visa to work in China, not in Hong Kong.

However, you know, they’re cognizant of the fact that a lot of traveling goes on across the border. So in the main, they typically don’t second guess what the residential arrangements are if you’ve got a good Hong Kong employer and your employment in Hong Kong continues.

But in so far as making an application for a dependent visa goes, as an existing resident, and certainly having been here for three years, at the point of making your application for the dependent visa you will need to show that you have got accommodation for your family.

So, in order to facilitate dependent visa applications, my advice is: get to Hong Kong, rent a place, once you’ve got a tenancy agreement, submit your applications for the defendant visas, I think you’ll find that they will be granted to you without too many problems, but you are going to need to have a tenancy agreement for sure.

Okay, I hope you find this useful.

More Stuff You May Find Useful or Interesting

Is 50 Days a Particularly Long Time to Process a Hong Kong Employment Visa Application?

Can I get a Hong Kong dependant visa for my Chinese spouse presently resident on the Mainland?

Am I eligible for an extension to my Hong Kong dependant visa  if my PHKID holding spouse doesn’t actually live here any more?

Can I Remain in Hong Kong as a Visitor After My Employment Visa Expires?

Why public internet forums are a cr@p source of Hong Kong visa & immigration advice

 

VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier

Check Out VisaGeeza.Ai

All Our Know-How : All Our Experience : Fully Interactive

100% FREE!

 

PODCAST ANSWER

Podcast: Play in new window

My Employment Visa Has Been Refused – What Can I Do Now?

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

My Employment Visa Has Been Refused

What Can I Do Now?

We have been contacted a lot recently by applicants who’s cases have been refused  – so this question is both timely and, for all those affected, of great significance.

QUESTION

“I would like to know if, once  I have received the first rejection letter from an Officer of the HKID for my employment visa application, I can either:

i) file Reconsideration and if still rejected,

ii) then file S53 Review, or

iii) make direct application to the Chief Executive after second rejection?”

ANSWER

When an Employment Visa has been refused, the letter, which the applicant receives indicates that the employment visa application was not approved as the Immigration Department were not satisfied that the person possessed special skills, knowledge or experience or value to and not readily available in Hong Kong and in all the circumstances of case the employer is justified engaging the services of an expatriate rather than the services of a local person and this leaves it very difficult to try and interpret exactly what might be wrong with a case and thereby putting together another set of information to have another run at the application by way of an appeals process called a case reconsideration.

To successfully argue a case reconsideration, you basically need to have significant additional new information, which had weight to the original application or other relevant and important new facts which have come to light since the refusal with comprehensive verifying documentation supply then to support it. So that process in many ways is like another employment visa application.

The officer will review it and then his colleagues will review it and then a determination from supervisory level staff and managerial staff will be laid down to ensure that in fact the original decision was the correct decision and that any new and previously unsubmitted information, which has been supplied doesn’t add the necessary weight to coarse the Immigration Department to switch from one decision to the decision of approval.

That’s a process that usually plays itself out over the course of between two and sometimes twelve weeks. If the reconsideration is refused then really your options are starting to get a little bit limited in a practical sense. In your question you mentioned the issue of section 53 review of the immigration ordinance. This is a procedure that’s not very often used these days because whilst the review procedure is ongoing, the applicant is not allowed to be in Hong Kong as a visitor.

So, because it can take between 6 and 12 months for a review process to be completely finalized most people who’ve been denied employment visas and haven’t been successful in reconsideration don’t get, don’t travel down that path because it simply just takes too long to be anything close to practical.

Additionally, making an application for direct intervention of the chief executive is an appeal maneuver that is not recommended in the average sort of run-of-the-mill case as it were and because you haven’t provided any information as to what the nature of the case is or allowed us to understand a little bit more about how we might be able to make this advice more tailored to you. It would seem unlikely given the volume of instances that we have made an application for the intervention of the chief executive but in your instance, it may probably not be a relevant or indeed an appropriate channel or path to follow. So, in many ways, even direct intervention requests of the year – for executive isn’t a particularly practical solution to your dilemma.

As I say only in the case where this is a significant matter of public interest involved would you want to follow that route. So, those are the array of the options you’ve got available to you. Your first point of cause without doubt reconsideration and then if you refused on the reconsideration and it’s becoming really apparent to you that they are making the wrong decision you could potentially submit another reconsideration with again further new and previously unsubmitted information that would allow the Immigration Department to take another look at it but in a very practical sense by the time that process is played itself out, its arguable that you don’t really have anywhere else to go and the appeals process is not going to work for you unless of course you genuinely believe that your employment is a matter of growing public interest so that the Immigration Department should be redirected by the chief executive to have a better and closer look at it but it would seem to be unusual.

Okay, many thanks, hope that helps. Bye.

More Stuff You May Find Interesting or Useful

Hong Kong Visa Handbook – Refusals &  Appeals

Appeal Options Available

Preparing To Appeal (Flash Presentation)

The Industry Secret Most Hong Kong Immigration Consultants Don’t Want You To Discover

The 7 Things Your Employer Needs To Know About The Immigration Process When Applying For An Employment Visa For Hong Kong

VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier

Check Out VisaGeeza.Ai

All Our Know-How : All Our Experience : Fully Interactive

100% FREE!

 

 

PODCAST ANSWER

Podcast: Play in new window

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 / 2 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 related in some way to your education and background and moreover the sponsoring employer needs to be suitable and credible all things considered.

So, you can essentially get yourself an extension on the immigration arrangements for non-local graduate’s sponsored by a current employer, and then you could seize 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 your next IANG application came up for consideration is another matter again because Immigration Department in those circumstances expect you to have established a sizable 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 would 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 1st part of your question and in so far as the 2nd part of your question goes, let’s set the scene for example, let’s say that you’ve been here under continuous residence visa permissions for 6 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 7 and a half years’ worth of continuous ordinary residence in Hong Kong holding back to back residence visas throughout all of this time.

So, at the point of 7 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 7 years. There is no inquiry as to what you’re doing in relation to your existing employment. The Immigration Department would 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 gainfully spending your time under your 12 months of immigration arrangement for non-local graduates. Therefore conceptually, it might be that you can get to 7 years by having extended your immigration arrangements for non-local graduates visa, and then gone off from freelance a few months before making the right of abode application, because at the time that you get your right to abode application approved, all conditions are 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 local graduates while you were freelancing as such.

So, that’s the, that’s the upshot of it and I hope you found it useful.

More Stuff You May Find Useful or Interesting

What Pathways To An Employment Visa Exist For A Fresh, Foreign University Graduate Arriving In Hong Kong Seeking Career Opportunities Here?

New Graduate Management Trainee Position – Can You Get A Hong Kong Employment Visa?

Fresh Graduates, Working Holiday Visas & The Chances Of A Hong Kong Employment Visa Subsequently

Am I Allowed To Work Full Time Even Though I Only Have A One Year Hong Kong Working Holiday Visa?

How To Get A Hong Kong Working Visa Automatically – With No Questions Asked!

 

VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier

Check Out VisaGeeza.Ai

All Our Know-How : All Our Experience : Fully Interactive

100% FREE!

PODCAST ANSWER

Podcast: Play in new window

How Can I Prove To The Hong Kong Immigration Department My Last Day Of Work For My Previous Employer As Part Of My Change of Employment Visa Sponsorship Application?

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

How Can I Prove To The Hong Kong Immigration Department My Last Day Of Work For My Previous Employer As Part Of My Change of Employment Visa Sponsorship Application?

First Published July 29, 2013 – Still Relevant

The Immigration Department need documentation to understand when to demarcate new from old sponsorship arrangements when changing employers and the million dollar question is……. what will suffice?

QUESTION

I have a sponsored visa from my current employer until November 2014.

I am now wanting to leave this company and start work for a new employer as of  October 2013 .

I need obviously to inform the Immigration Department of a change of sponsor and get the visa updated to reflect the new sponsor.

My employer says he will not issue me a release letter which he claims that I will need to be accepted onto a new visa. He says if I stay until Jan 2014 he will issue the letter then.

This sounds like he is trying to bully me to stay.

I have three questions:

(a) Do I really need this release letter signed by my current employer to change sponsorship?

Or would immigration be happy to take a letter from me saying my contract has being terminated and I am no longer employed in Hong Kong.

(b) If I do need it can he legally refuse to provide it if the contract is terminated and all penalties etc are settled as per contract.

(c) Thirdly if he is obliged to provide it how can I ensure he does this in a timely manner?

More Stuff You May Find Interesting or Useful

Is It Legal For Company B To Hire Me Away From Company A (Assuming No Local Can Fill The Vacancy) & Apply For A New Hong Kong Work Visa Before The First Expires?

What Compliance Obligations Do I Have If I Hold A Hong Kong Employment Visa And Want To Start Freelancing After I Stop Working For My Employer-Sponsor?

Are There Any Advantages To Being An Existing Resident Of Hong Kong When You Make An Application For An Investment Visa?

Extending Your Dependant Visa After Divorce

If I Stop Working For My Current Employer Will My Employment Visa Remain Valid?

 

VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier

Check Out VisaGeeza.Ai

All Our Know-How : All Our Experience : Fully Interactive

100% FREE!

PODCAST ANSWER

Podcast: Play in new window

How to Apply For a Hong Kong Investment Visa Without Paying for Professional Help – 5 – Permitted Activity as a Visitor

Posted by The Visa Geeza / in Investment Visas, Musing, Visitor Visas / No responses

How to Apply For a Hong Kong Investment Visa Without Paying for Professional Help

Permitted Activity in Hong Kong as a Visitor

I am in the process of revisiting a lot of my older video content to ensure its continuing relevance and validity. I will also be conducting a whole new series of updated talks around town in the coming few weeks and the videos of those will, as always, be posted here.

Whilst this talk harks way back to 2015, it is still entirely relevant today …

Update 2023.

I have given this talk around town for the last couple of years now and so pleased to finally add it to our coverage of the Hong Kong investment visa, specifically discussing here what is and is not permitted activity in Hong Kong as a visitor visa holder.

The talk was graciously hosted at WYND Co-working Space, ran by a group of great people who I have a lot of time for.

The Complete Talk in Logical Segments

1 – Introduction

2 – Policy

3 – Visa Problem?

4 – Mainlanders

5 – Visitors

6 – Work Visa?

7 – Investment Visa?

8 – Approvability Test

9 – Cash Needed

10 – Catch 22

11 – Loved Ones

12 – Visa Refused?

13 – Trying Again

14 – D-I-Y

More Stuff You May Find Useful or Interesting

10 Must Have Resources for a Hong Kong investment visa application

The economy at home is very bad – so what investment visa options exist for you in Hong Kong?

I have a socially advantageous yet modestly capitalized business plan for Hong Kong – will I get an investment visa?

What’s the situation about the need for business premises as part of your Hong Kong investment visa application?

What’s the minimum capital required for a Hong Kong investment visa?

VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier

Check Out VisaGeeza.Ai

All Our Know-How : All Our Experience : Fully Interactive

100% FREE!

Can I Remain in Hong Kong as a Visitor After My Employment Visa Expires?

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

Can I Remain in Hong Kong as a Visitor After My Employment Visa Expires?

Simple question this one with an easy answer and indicative of the fact that, even though quite a straight forward issue, the information is not otherwise readily available anywhere else on the web.

QUESTION

I am a Canadian citizen, working in Hong Kong holding an employment visa for 7 weeks. I want to stay after my job is finished (work visa will expire at the same time) to see Hong Kong as a visitor, then travel to Macau and Thailand.

Do I need to have my visa changed from employment to visitor?

Thank you so much for your help.

ANSWER

At the time that your employment visa limit of stay is due to expire, if you don’t have the continuing rationale for remaining in Hong Kong as an employee because your contract has come to an end, in any event, it was just a short-term employment visa nonetheless.

Then for you to remain in Hong Kong as a visitor will not be problematic at all. But there will be a process that you need to go through in order to achieve this outcome. There are two ways to go about doing it. The first is to go down to the Immigration Department to the visitor extension section, wait probably three-quarters of a day and get yourself up to a maximum of possibly two-week visitor visa extension upon request of an immigration officer going through a visa extension process and they will readily grant you no doubt, a two-week extension to your present limit of stay converting you from an employment visa over to a visitor at that time.

So that should not be problematic at all but the real problem there, of course, is that it’s going to take a long time, it gets very busy and the visitor visa guys at the Immigration Department are under a lot of pressure. And you know they tend to be somewhat brusque in the way that they process such applicants, but you will get the extension so don’t worry about that.

Alternatively, and ideally what I would suggest that you do is on the final date of your current limit of stay as an employment visa holder, take in a sense the 11 o’clock evening ferry over to Macau. Arrive in Macao and come back from Macao into Hong Kong on the very next ferry which will bring you into Hong Kong on the next day – the day after your current limit of stay as an employment visa holder expires. And at the point of arrival, the immigration officer will only be able to grant you a visitor visa because that’s the only status that that will be open to you given that your employment visa will have expired the day before.

And as a Canadian national you will get a 90-day period of stay. And that’s the same for most Western nationalities such as most Europeans and also Americans for that matter. And at that point, you’ll be then granted the time that you need in Hong Kong to complete your final activities here as a visitor.

Okay, I hope this helps.

More Stuff You May Find Interesting or Useful

Fresh graduates, working holiday visas & the chances of getting a Hong Kong employment visa subsequently

Is There Any Fixed Residency Requirement for Retention of a Hong Kong Employment Visa?

What is the bare minimum income and accommodation arrangements to suitably sponsor a Hong Kong dependant visa?

What can you do to get a longer period of stay if the Hong Kong visitor visa granted at CLK airport doesn’t fully meet your needs?

Can I Come to Hong Kong as Visitor, Find a Job, Then Change to an Employment Visa?

PODCAST ANSWER

VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier

 

Check Out VisaGeeza.Ai

All Our Know-How : All Our Experience : Fully Interactive

100% FREE!

Podcast: Play in new window

If I Have Spent Less Than 180 Days In Hong Kong During The Last Three Years Will It Affect My Application For The Right of Abode?

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

Less Than 180 Days in Hong Kong During the Last Three Years – Impact On PR Eligibility

What happens if you work for a Hong Kong company but are stationed the majority of your time outside of Hong Kong?

Less than 180 days in Hong Kong during the last three years – impact on PR eligibility?

The answer may be somewhat different from what might you expect, especially given the challenges Covid19 had on folks’ ability to spend time in Hong Kong under their residence visas.

QUESTION

I studied in Hong Kong for 4 years, and when I graduated, I got an offer from a Hong Kong company.

However, my assignment is in mainland China.

For the remaining 3 years, I stayed in mainland China most of time (which means my stay in Hong Kong is less than 180 days in the remaining 3 years).

Will it affect my application for Hong Kong PR?

Thanks for your help in advance!

ANSWER

Learn about the requirements for securing the right of abode in Hong Kong and the significance of spending less than 180 days in Hong Kong during the last three years. Understand the implications of maintaining a normal life and residency in Hong Kong to make a successful claim.

Introduction

Securing the right of abode in Hong Kong is a crucial step for anyone looking to establish long-term residency and enjoy the benefits that come with it. However, certain requirements need to be met, including a continuous ordinary residency of at least seven years.

Additionally, it is essential to understand the significance of spending less than 180 days in Hong Kong during the last three years, as this plays a vital role in proving your eligibility for the rights of abode.

Requirements for Securing the Right of Abode

To be eligible for the rights of abode in Hong Kong, one must have been continuously and ordinarily resident in Hong Kong for a period of not less than seven years.

This means that any absences from Hong Kong during this time must have been temporary. The immigration department evaluates the temporary nature of your absences based on the evidence of what you left behind in Hong Kong each time you travel abroad.

Being Settled in Hong Kong

Let’s analyze the presented facts.

You initially came to Hong Kong on a student visa and spent three or four years as a student before transitioning to employment with a Hong Kong employer.

Shortly after, you relocated to China for work, spending most of your time there.

However, there have been exceptions, with possibly 180 days spent in Hong Kong within the last three years.

When applying for the right of abode, it is crucial to demonstrate to the immigration department that you are clearly settled in Hong Kong.

Meeting the Approvability Test for Right of Abode

The immigration department looks for clear evidence of back-to-back residence visas to satisfy the approvability test for the rights of abode.

It can be assumed that after your student visa expired, you converted your status to an employment visa. This is positive, as an employment visa is considered a residency visa.

However, it is important to note that if you have not ordinarily resided in Hong Kong, it can pose a challenge to your claim, as you may be deemed to have ordinarily resided in China.

Assessing Time Spent in Hong Kong

To assess your eligibility for the right of abode, the immigration department will consider the amount of time you have spent in Hong Kong in the last three years. As mentioned previously, this timeframe should be less than 180 days.

Additionally, they will examine whether you have maintained a home or residence in Hong Kong and if you have had all the vestiges of a normal life in the city. The centre of your life needs to be clearly established in Hong Kong.

Implications of Permanent Absences from Hong Kong

If it is found that you have not maintained a normal life in Hong Kong, despite working for a Hong Kong employer, it may be difficult for you to claim that you have been ordinarily resident here. This could lead the immigration department to conclude that you have been ordinarily resident in China instead, even if you have a residence visa endorsed in Hong Kong.

Therefore, it is of utmost importance to have the necessary infrastructure and other vestiges of a normal ordinary life in Hong Kong to strengthen your claim.

Last Words …

Securing the right of abode in Hong Kong requires meeting specific requirements and demonstrating a normal life and residency in the city.

Spending less than 180 days in Hong Kong during the last three years is a significant factor in this process. It is crucial to maintain a home, employment, and other aspects of a normal life in Hong Kong to increase the chances of a successful claim.

If you have been primarily living and working in China and only visiting Hong Kong infrequently for work purposes, it may prove challenging to obtain the right of abode.

Therefore, it is essential to carefully consider the implications of your choices and circumstances when pursuing this claim.

Good luck with your application for the rights of abode in Hong Kong, and we wish you all the very best in establishing your residency here!

More Stuff You May Find Interesting or Useful

What Can Be Said To Constitute ‘Ordinary Residence’ For The Purposes Of A Hong Kong Right Of Abode Application?

How Is My Dependant Visa Impacted Under The Admission Of Mainland Talents And Professionals Scheme  If My Sponsor-Father Goes Back To China To Work?

Can I Get A Hong Kong Dependant Visa For My Chinese Spouse Presently Resident On The Mainland?

Am I Eligible For An Extension To My Hong Kong Dependant Visa  If My PHKID Holding Spouse Doesn’t Actually Live Here Anymore?

What Are Your Visa Options If Your Marriage In Hong Kong Has Irretrievably Broken Down?

Why Public Internet Forums Are A Cr@P Source Of Hong Kong Visa & Immigration Advice

 

VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier

Check Out VisaGeeza.Ai

All Our Know-How : All Our Experience : Fully Interactive

100% FREE!

 

PODCAST ANSWER

Podcast: Play in new window