Can The Sponsor Of Your Hong Kong Employment Visa Hold Your Residence To Ransom?

Posted by The Visa Geeza / in 60 Second Snapshot, Employment Visas / 3 responses

Many foreign nationals holding Hong Kong employment visas labour under the misapprehension that their employer somehow controls their immigration destiny by virtue of the fact that they sponsor their residence in Hong Kong.

Nothing could be further from the truth!

This is a common misconception amongst foreign workers, especially if they find themselves in some kind of pay dispute or other point of conflict with their current employer, the sponsor of their existing employment visa for Hong Kong.

An employer sponsoring your employment visas cannot use the fact of their sponsorship to hold a gun to your head. The visa belongs to you, not them. They are just responsible for the sponsorship.

The employer’s obligation throughout the entire employment visa process is as follows:

(a) They must show they are justified, as a business, in engaging your services rather than those of a ‘local’ person.

(b) They must pay you at least market rate for the work you are doing for them and at a level commensurate with the minimum required for employment visa approvability.

(c) They must agree to sponsor your application by executing the official employment visa sponsorship form in your favour.

If the relationship sours for any reason and your employment terminates this is what happens to your visa:

• Your privilege to work ceases. You can no longer engage in any employment without making a new application to the HKID first.

• Your privilege to reside continues. The HKID will ordinarily allow you to remain in Hong Kong until your current limit of stay expires, whereupon you are required to leave Hong Kong. In the meantime, this usually affords you the time you need to take stock of your affairs and get yourself back in the driving seat en route to a new employment in Hong Kong.

Your continuing privilege to reside in the HKSAR includes the ability to look and interview for new a job and, if you are so minded, to begin the preparations for possibly starting your own business instead. Either way, so long as you do not actively start working for a new employer or join in a new business before the Director of Immigration has granted his permission for you to do so, the fact that your ex-employer is no longer sponsoring you is neither here nor there in regards to your continuing residence in Hong Kong.

The HKID do not engage in any blame games as to why a sponsored employment has come to an end and only look forward not backwards – so don’t be intimidated by an errant employer who believes they have some kind of leverage over you as the sponsor of your employment visa. The reality is, they have no such leverage whatsoever.

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Do I Automatically Qualify For A Hong Kong Dependant Visa If My Partner Has A Work Or Investment Visa Here?

Posted by The Visa Geeza / in Family Visas, Hadley Says… / 12 responses

The rule for dependant visas in Hong Kong is very simple and easy to understand.

In order to qualify, the family members must be either the legal spouse or unmarried children under the age of 18.

Where the principal applicant is moving to Hong Kong for work or investment, the family members simply follow in his or her wake, securing dependant visas as an adjunct to the main application, just so long as the main applicant can, as part of the application process, demonstrate that, as a family, they can all have a roof over their head in Hong Kong and will have food on the table without recourse to any kind of public assistance.

All pretty logical and sensible really.

Moreover, once the visas have been granted, the period of stay the dependants receive mirrors that of their main family sponsor exactly all throughout their time together in Hong Kong.

This means that, for example, if the principal changes jobs or immigration status, the family’s dependant visas will carry on unaffected unless the Immigration Department specifically intervene and change their limits of stay.

But it is very unlikely they will change any of the conditions though, so you don’t have to worry too much about that.

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QOTW: My Husband Wants To Leave But I Want To Stay – Can I Remain Behind On My Hong Kong Dependant Visa Indefinitely?

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

So what options are available to Hong Kong dependant visa holding foreign nationals when their spouses are leaving Hong Kong and they want to stay?

QUESTION  OF  THE  WEEK

I am here on a Hong Kong dependent visa with my husband.

He is planning to leave his employment in Hong Kong and return to his home country but I am thinking of staying for a couple more years.

What happens with my dependent visa (limit of stay expires in the middle of  2016) when he quits his job and leaves Hong Kong next month?

Can I, too, use my consents to reside in Hong Kong even though only via a dependent visa to look for an employer to then change my visa status?

ANSWER:

Your existing dependent visa allows you to remain in Hong Kong under the same conditions you enjoyed while living with your husband. If your visa is set to expire later this year and your husband is leaving in about a month, you can still stay in Hong Kong under the permissions of your dependent visa. This means you are allowed to seek employment, accept job offers, or even start a business.

Once your dependent visa expires, you will need to apply to the Immigration Department to change your status. You’ll need to provide a rationale for your continued stay in Hong Kong, which in this case would relate to your employment that was permitted under your dependent visa.

When considering your application, the Immigration Department will assess whether you possess special skills, knowledge, or experience that are not readily available in Hong Kong. Generally, if your work is of a professional nature and it’s evident that no local individual could reasonably be expected to fill the position, you may be granted an employment visa to remain in Hong Kong after your dependent visa expires.

I hope this helps!

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4 Realistically Achievable Visas | Live | Work | Establish A Business In Hong Kong | Employment Visa

Posted by The Visa Geeza / in Employment Visas, Feature Article, Musing / 1 response

Establish A Business In Hong Kong | Employment Visa | Can You Get One?

The employment visa under the General Employment Policy is detailed in this video …

Establish a business in Hong Kong and get yourself an employment visa? A few years ago, I was invited by the good guys at WYND to give a talk about the Hong Kong visas that are the most realistically achievable to live, work or establish a business in Hong Kong. So, if you’re a foreign national hoping to establish a business in Hong Kong, you may be wondering about the visa requirements. One of the options available to you is the regular employment visa IF your company is already ‘well established’.

Employment Visa?

The regular employment visa is designed for foreign nationals who have professional skills, knowledge, or experience that are not readily available in Hong Kong. To qualify for approval, you must meet a specific set of criteria as assessed by the Immigration Department. One of these is that your company must already be ‘well-established’

Well-Established?

This means that the company that you own:

1. Has been trading for at least 12 months.
2. Ideally profitably.
3. Is already an employer of Hong Kong locals.
4. Has suitable business premises.
5. Has sufficient funds to operate solvently.

Who Can Apply?

To be deemed a Professional for the purposes of this visa, the Immigration Department is looking for applicants who have a university degree and at least two years of post-graduation working experience in a managerial or supervisory capacity.

If you don’t have a university degree but have technical qualifications, then you must have at least five years of post-qualification working experience in similar roles.

For those who only have a high school education, the Immigration Department expects to see that you have at least ten years of post-secondary working experience in a managerial or supervisory capacity.

How To Get One?

To secure a regular employment visa if you’re ‘establishing a business’ you need to be at least a 50% shareholder in a well-established company registered Hong Kong company. You need an employment contract with your own enterprise with compensation broadly commensurate with market rates.

The Immigration Department will look into the company’s history, including its turnover, local staffing, and business operations, to ensure that it’s a bona fide sponsor.

If you successfully obtain a regular employment visa, you’ll receive a two-year stay limit. This visa only allows you to work for the business that has sponsored you, doing the specific work outlined in your contract.

These criteria can be adjusted depending on the actual circumstances of the application but generally stated a wholly new company cannot expect to secure an employment visa for one of the founding-owners. It’s the business investment visa as an entrepreneur which is the correct visa type to apply for as new companies are by definition not ‘well established’ and so the criteria for approval is to demonstrate that the new business can contribute substantially to the economy of Hong Kong in order to anticipate approval.

Can You Establish a Business on the Side?

If you are an out-and-out employee working for a third-party employer and want to establish a side business or do some freelancing, you may apply for permission from the Immigration Department. You must have written approval from your employer that they have no objection to your side endeavours.

Last Words …

Obtaining a regular employment visa CAN be a way to establish a successful business in Hong Kong. However, make sure to fulfil all the requirements and understand the limitations of the visa before starting your business.

VisaGeeza.Ai – Making Hong Kong Immigration Easier

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The Rest of the Series

1 – Introduction

2 – Policy

3 – Shenzhen Shuttle

4 – Just Visiting

5 –  Working Holiday Visa

6 – Employment Visa

7 – Study-then-Work Visa

8 – Investment Visa

9 – Loved Ones

10 – Big Question Answered

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 / 9 responses

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 of immigration to join in a 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, insofar as the inclusions, essentially, so long as the employer, a 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 your personal letter from yourself outlining your business activities, 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 that the director of immigration authorises 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 are 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 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 you’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, then 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 two things that 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.

It’s an application to the 5^th floor of immigration tower, addressed 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 via correspondence through to your approval.

I hope you found that useful.

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PODCAST ANSWER

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Hong Kong Immigration… What Does It Mean… Shenzhen Shuttle?

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

Extending Your Hong Kong Visitor Visa Via The Shenzhen Shutttle?

Navigating The Shenzhen Shuttle | Extending Your Visitor Visa | Tips & Risks

Over the last 20 years or so I have coined a number of phrases in Hong Kong immigration parlance.

In this short video I discuss the Shenzhen Shuttle.

Discover the risks and potential pitfalls of the Shenzhen Shuttle, a method used by some individuals to extend their visitor visa in Hong Kong. Learn about the challenges of constantly shuffling between Hong Kong and Shenzhen, and explore alternative strategies for securing a visitor visa extension.

Understanding the Shenzhen Shuttle

The concept of the Shenzhen Shuttle refers to the practice of repeatedly crossing the Hong Kong-China border or visiting Macau in order to extend a visitor visa. Essentially, individuals engage in this back-and-forth movement to reset their visa’s duration of stay when it is about to expire. While some see this as a way to extend their stay in Hong Kong, it is essential to understand the risks and complications that come with the Shenzhen Shuttle method.

Risks and Difficulties of the Shenzhen Shuttle

2.1 Immigration Scrutiny and Bona Fide Assessment

During each re-entry attempt, immigration officers assess the legitimacy of your visitor status. They evaluate your genuine intent as a visitor, and if they suspect that you are attempting to abuse the system, it can lead to denial of entry. This can result in a shortened duration of stay, such as receiving only a week instead of the usual 90-day limit.

2.2 Uncertain Extension Periods

While the Shenzhen Shuffle may provide short-term extensions, it does not guarantee long-term security. Relying solely on this method can create uncertainty and disrupt your plans, as you never know how long you will be granted to finalize your affairs before being asked to leave.

Alternatives to the Shenzhen Shuttle

Instead of relying on the risky Shenzhen Shuttle method, consider exploring alternative strategies to extend your visitor visa in Hong Kong:

3.1 Apply for an Extension of Stay

A more certain and preferred way of seeking an extension of your visitor visa is to apply online or at Immigration Tower in Wanchai.

3.2 Seek Professional Immigration Assistance

Engaging an immigration expert who specializes in Hong Kong visa matters can provide valuable guidance. They can help assess your situation, explore legitimate visa extension options, and navigate the application process more effectively.

3.3 Applying for Other Visa Types

Hong Kong offers various visa categories that may better suit your long-term plans. Investigate options such as employment visas, investment visas, or study visas that align with your qualifications and intentions. Applying for the appropriate visa type can provide more stability and a clear path towards achieving your goals.

The Visa Extension Experience

Regardless of the method you choose to extend your visitor visa, there are essential considerations to maximize your experience:

1. Plan Ahead: Start exploring extension options well before your current visa’s expiration date. This will provide ample time to assess alternatives, gather necessary documents, and seek professional advice if needed.
2. Maintain Genuine Visitor Intentions: Always be transparent and truthful about your intentions as a visitor in Hong Kong. Maintaining credibility is crucial in navigating the visa extension process and avoiding any suspicion of misuse.
3. Be Prepared for Possible Outcomes: Understand that while you may have legitimate reasons to extend your stay, ImmD have the final say. Prepare for the possibility of being denied an extension and have contingency plans in place.

Last Words …

While the Shenzhen Shuttle method may appear tempting to extend your visitor visa in Hong Kong, it comes with significant risks and uncertainties. It is advisable to explore alternative strategies, seek professional assistance when needed, and maintain transparency with the Hong Kong Immigration Department.

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Navigating Dependent Visa Conditions and Immigration Status in Hong Kong

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

Hong Kong Dependant Visa

Navigating dependant visa conditions – is it possible to have my wife removed from the dependent visa as we no longer live together and have separate lives – can she obtain her own visa instead of being dependent on me? Can I remove her immediately from my sponsorship?

Discover how Hong Kong immigration law impacts the dependent visa status, providing insights on the process of obtaining a new visa or changing immigration status for individuals looking to remain in Hong Kong. Learn how to avoid potential delays and issues during this transition.

Understanding Hong Kong Immigration Law and Dependent Visa Conditions

In Hong Kong, immigration law clearly states that the dependent visa belongs to the individual who holds it and not to the person who sponsors it. This distinction is crucial to understand when it comes to your wife’s dependent visa. As the sponsor, you don’t have any control over her visa, nor can you short-circuit her current limits of stay under the dependent conditions after your divorce.

As your wife’s dependent visa nears its expiration date, she will be unable to get an extension of stay under dependent conditions. This means she will have to come up with a new rationale for remaining in Hong Kong and make a fresh application to the Immigration Department for an alternative immigration status. The new status must not be in any way connected to you as her sponsor.

The Independent Nature of Dependent Visas: Rights and Limitations

To successfully obtain a new visa or change her immigration status, she will need to provide the necessary documents and fulfill the criteria for approval. It’s important to note that you cannot do anything about your wife’s current immigration status, as it belongs solely to her.

However, as time passes, the problem will slowly diminish as her current dependent visa approaches its expiration date. It’s crucial for your wife to start the application process for a new visa or change of immigration status as early as possible. The Immigration Department in Hong Kong is known for its stringent approval process, and obtaining new visas or changing immigration status may take a while.

By initiating the application process early, your wife can avoid potential delays or issues that could arise during the transition. Starting early provides ample time for gathering necessary documents, fulfilling requirements, and addressing any concerns that may arise.

Summary to Navigating Dependent Visa Conditions and Immigration Status in Hong Kong

The dependent visa belongs to the individual who holds it, and the sponsor has no control over it. To remain in Hong Kong, your wife must initiate the process of obtaining a new visa or changing her immigration status. Although the process may be lengthy, starting early can prevent any delays or issues that could arise during the transition.

Ten Must Have Resources

SAME SEX PARTNER UPDATE – New law from 2018

PLAN – Getting started on your Hong Kong dependant visa application

CHECKLIST – The documents you need for your Hong Kong dependant visa application

OFFICIAL FORMS – The forms used to apply for and secure a dependant visa for Hong Kong

MOVIE – What your spouse can expect during the dependant visa application process

MAINLAND SPOUSE – Can you get a Hong Kong dependant visa for him or her – will they qualify?

NOT MARRIED YET? – But thinking about it for the purposes of a getting a Hong Kong dependant visa?

MARRIAGE  BROKEN DOWN? – What to do if you can no longer maintain your dependant visa due to relationship break up

CASE STUDY – The visa situation for a non traditional, blended family situation in Hong Kong

D-I-Y VISA KIT – Everything you need to apply for a secure a Hong Kong dependant visa

EXTENSION – Extending your Hong Kong dependent visa when it is coming up for renewal

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