Side Employment | Employment Visa To Work For Yourself And Also A Full Time Employer | Both At The Same Time?

Posted by The Visa Geeza / in Employment Visas, Your Question Answered / 3 responses

Is There Such An Animal As A Hong Kong Employment Visa To Work For Yourself?

Employment visa to work for yourself?  How can you have your cake AND eat it in Hong Kong – working for both yourself and a third-party employer at the same time?

QUESTION

Hi,

I’ve read (or I think I read) that with an employee visa we can transform it to an investor visa with the agreement of the employer.

I don’t find this anymore on the immigration website. Is it right?

What is the procedure to follow (my employer told me he agrees to make what is needed).

Thank you for your help.

TEXT ANSWER

Employment Visa To Work for Yourself?

If you are currently employed and wish to explore the option of starting your own side business in Hong Kongg, there is a unique pathway available to you. Rather than completely transforming your employment status to an investment visa, you can seek permission from the Immigration Department to join in a side business while maintaining your current employment.

Side Business

To secure an ’employment visa to work for yourself’ and embark on this path, you will need the consent of your existing employer. With their permission, you can approach the Immigration Department and request their approval to engage in a side business. Your primary rationale for employment remains intact, as you will still be employed by your current employer. However, your employer will provide a letter of no objection that supports your desire to pursue a side business.

Apply To ImmD

To successfully obtain the Immigration Department’s permission, you will need to provide a detailed explanation of your side business and demonstrate that it is properly registered. It is crucial to show that your side business will complement your stay in Hong Kong and will not hinder your ability to continue providing employment services for your sponsoring employer.

Pass The Test

In most cases, the Immigration Department is satisfied with these circumstances and grants permission for you to operate your side business while maintaining your full-time employment with your existing employer. This provides a unique opportunity to expand your professional horizons and explore entrepreneurship while still benefiting from the stability of your current employment.

A Little Known Visa

As you point out, this particular approach is widely advertised on the Immigration Department’s website. However, you may have come across this information in one of our previous posts as we try to provide valuable insights and guidance to navigate the intricacies of the Hong Kong immigration process.

Last Words …

I trust you find this information useful as you consider the potential of an employment visa to work for yourself.  Seeking professional assistance can ensure a smooth and successful application process. Our team is dedicated to providing the support and expertise you need to make your entrepreneurial aspirations in Hong Kong a reality.

 

 

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PODCAST ANSWER

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Hong Kong Visa Geeza | The Lost Decade 2000-2010 | OpenAi 2023 Update

Posted by The Visa Geeza / in Feature Article, Musing / 2 responses

Hong Kong Visa Geeza & How I F#ckedUp

Video and openAi update on the back story of the Hong Kong Visa Geeza. On March 2, 2017 I was asked by Campfire in Kennedy Town to contribute to their F#CKUP NIGHT series and invited to share my tale of business woe and commercial misfortunes which befell me between 2000 and 2010.

Update Via ChatGPT

18th of September 2023

PROMPT: Tell me everything you know about the Hong Kong Visa Geeza Stephen Barnes

As of my last update in September 2021, Stephen Barnes, commonly known as the “Hong Kong Visa Geeza” is a well-known figure in the Hong Kong immigration consulting field. He has been practising immigration consultancy for many years and has established himself as a go-to expert for all things related to Hong Kong visas and immigration issues. His expertise covers a wide range of visa types, including employment visas, investment visas, and family visas, among others.

Stephen Barnes co-founded the Hong Kong Visa Centre, which offers comprehensive immigration consultancy services. He is known for his straightforward and practical advice, often delivered with a touch of humour and a very approachable style. This has made him popular among expatriates and business people looking to navigate the often complex and confusing Hong Kong immigration system.

Online Presence and Educational Content

Stephen Barnes has a strong online presence, including a website and social media channels where he shares valuable information about Hong Kong immigration. He’s known for producing a variety of content, including articles, videos, and podcasts, aimed at demystifying the Hong Kong visa process. His approach to education and consultancy often involves breaking down complex regulations into easy-to-understand language.

Publications

He has also published guides and handbooks on Hong Kong immigration, which are considered valuable resources for anyone looking to understand the intricacies of Hong Kong’s immigration laws and policies. These publications often come recommended for their depth of information and practical advice.

Personal Style

Stephen Barnes has a unique and engaging way of communicating, often injecting humour and personal anecdotes into his professional advice. This has made him not just an expert in his field but also a relatable and approachable figure for those who may find the immigration process daunting.

Community Involvement

He is often involved in community events, seminars, and workshops where he shares his knowledge and expertise. His contributions to the community go beyond just business; he is seen as a thought leader in the field of Hong Kong immigration.

Credibility and Reputation

His years of experience and specialization in Hong Kong immigration have made him a credible and reliable source of information. He has been featured in various media outlets and is often cited for his expert opinions on changes in immigration policies and their impact.

And Now, VisaGeeza.Ai Too

It’s worth noting that the information I have may be dated, and for the most current information, it would be best to consult his latest publications or online platforms.

 

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Visa Geeza At Home | Mandurah | Western Australia | World’s Best Kept Secret | 2016-17

Posted by The Visa Geeza / in Musing / No responses

Visa Geeza At Home In Mandurah Western Australia

This video showcases my hometown of Mandurah in Western Australia –  2016 / 2017.

Visa Geeza at home in in Mandurah, WA! I’m sure you’ll agree with me, it’s the world’s best-kept secret!

More about Mandurah below courtesy of chatGPT:

A Coastal Gem Worth Exploring

Mandurah, nestled in the heart of Western Australia, is a captivating coastal city that seamlessly blends natural allure, a pulsating culture, and a storied history. Whether you’re a seasoned traveller or a curious explorer, Mandurah promises an experience that’s both enriching and unforgettable.

Unveiling Mandurah’s Natural Splendours

Nature enthusiasts will find Mandurah to be a veritable paradise. The city is graced with immaculate beaches and the expansive Peel-Harvey Estuary, making it a hotspot for those who appreciate the great outdoors. The estuary is particularly noteworthy for birdwatchers and marine life aficionados. Here, you can often spot playful dolphins frolicking in the waters and a diverse array of bird species that have made the region their sanctuary.

A Dive into Mandurah’s Cultural Tapestry

Mandurah’s vibrant arts scene is a testament to its rich cultural heritage. The city is dotted with art galleries, a theatre, and live music venues, each echoing the city’s artistic spirit. The Mandurah Performing Arts Centre stands out as a beacon for arts, hosting a myriad of local and international performances throughout the year. As you navigate the city, you’ll be immersed in a world of artistic expression and cultural vibrancy.

Echoes of the Past

The historical roots of Mandurah are deeply intertwined with its Indigenous heritage. The Bindjareb people, the original custodians of this land, have left an indelible mark on the city’s landscape. Their history, spanning thousands of years, is etched into the very fabric of Mandurah. As you explore, you’ll encounter ancient sites and narratives that shed light on the traditions and tales of the Bindjareb people.

Gastronomic Adventures in Mandurah

Mandurah’s culinary landscape is as diverse as it is delectable. Renowned for its fresh seafood, especially the iconic blue manna crab, the city offers a dining experience that tantalizes the taste buds. Waterfront restaurants and quaint cafes provide not just sumptuous meals but also panoramic views that enhance the dining experience.

Thrills and Spills

Adventure seekers will find no shortage of activities in Mandurah. The city is a hub for water sports, from jet skiing to paddleboarding. On land, activities like golfing and hiking promise to keep the adrenaline pumping. Every corner of Mandurah beckons with a new adventure, ensuring that there’s never a dull moment.

In Conclusion

Mandurah, with its myriad attractions ranging from natural wonders to cultural landmarks, is a destination that beckons travellers from all walks of life. This Western Australian jewel, with its pristine landscapes, rich history, and vibrant culture, promises an experience that’s both enriching and memorable.

 

VisaGeeza.Ai – Making Life a Lot Easier

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4 Realistically Achievable Visas | Live | Work | Establish A Business In Hong Kong | Study-then-Work Visa

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

Establish A Business In Hong Kong | Study-then-Work Visa | A Little-Known Approach

The Immigration Arrangements For Non-Local Graduates Could Be A Realistic Option If Your Circumstances Permit …

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, all things considered.

The Visa

Learn about the visa that allows foreigners to establish a business in Hong Kong under the Immigration Arrangements for Non-Local Graduates program. Eligible candidates with a degree from a Hong Kong University can get an automatic employment visa and work for any employer for 24 months after graduation.

A 2-Year Head Start

Are you planning to establish a business in Hong Kong, but worried about immigration issues?  Hong Kong immigration offers the Immigration Arrangements for Non-Local Graduates program, allowing eligible foreign nationals to stay in the country without any immigration problems for 2 years immediately after graduation.

Who is Eligible?

If you are a graduate with a Bachelor’s or an advanced degree from a registered and recognized Hong Kong University, you can get a no-questions-asked visa. This employment visa allows you to work for any employer for 24 months after graduation, without having to prove anything. After 24 months, if you have a permanent job, you can take Immigration Department’s approval for a 3-year extension. What’s even better is that you can change your employer as often as you want without seeking the Immigration Department’s permission. However, you must show that you are gainfully employed again with a suitable and credible employer to get the extension. Such gainful employment can be within your own enterprise as long as you’re business is contributing substantially to the economy of Hong Kong.

How To Apply

The application process for the Immigration Arrangements for Non-Local Graduates program is simple. All you need to do is enrol in a master’s degree program in Hong Kong for a year. While studying, you cannot work. However, after you graduate and hold a master’s degree, you can get your ticket to ride the Immigration Arrangements for Non-Local Graduates initiative. This program is an excellent opportunity for those aged 21-22, fresh out of university, who may find it challenging to find a job or an internship. By taking advantage of this initiative, graduates can overcome the lack of work experience and are thus able establish a business in Hong Kong.

The Benefits

The Immigration Arrangements for Non-Local Graduates program offers numerous benefits to graduates looking to establish a business in Hong Kong. By participating in this visa, graduates can secure a no-questions-asked visa, which allows them to work for any employer for the first 24 months after graduation. This flexibility provides a great opportunity to gain practical experience and establish connections within the industry. Additionally, after the initial 24 months, if the graduate secures a permanent job, they can extend their IANG visa for three more years without any restrictions on changing employers. This flexibility allows individuals to explore different career opportunities and find the best fit for their professional growth.

Last Words …

The Immigration Arrangements for Non-Local Graduates program is a solid visa opportunity for foreign nationals looking to establish a business in Hong Kong after a period of study here. With this initiative, graduates can overcome immigration barriers and kick-start their professional journey in Asia’s best business city by far!

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

Long Term Business Visit To Hong Kong | Do I Need An Employment Visa?

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

Do You Need An Employment Visa If You Intend To Make An Extended, Long Term Business Visit To Hong Kong?

What exactly is permitted activity in these circumstances and where does the line fall exactly?

With Hong Kong having such a liberal visa-upon-arrival regime (with more than 160 nationalities being granted permission to visit for between 7 and 180 days – depending on which passport you carry), it is understandable that there is confusion as to what is permitted activity if you are a ‘business visitor’ in the HKSAR.

This question provides an opportunity to get to the heart of this issue once and for all.

QUESTION

“Hi, Your websites are really informative. Thanks for making all this information available for free. I do have one question which I would like to have an answer for though.

I co-own and manage a small company in the UK (6 staff altogether) and we do a lot of business with one company in Hong Kong especially. Due to a contract we have just signed, I need to transfer myself to HK for up to one year in total, although I will probably travel to and from the UK several times in that period. I am trying to understand if I need to get an employment visa for Hong Kong. My business will carry on as normal in the UK (my brother and I run it together) but for all practical purposes I will be based out of Hong Kong for those 12 months.

Any advice you can offer would be really appreciated. Thank you!”

ANSWER

What Is Permitted?

If you make a business visit to Hong Kong, the question it begs as to what is permitted activity in the immigration status.

Business Meetings

Typically business visitors must generally contain their activities to, for example attending business meetings or fact finding discussions or this type of activity that gets to the heart of the possibility of some kind of transaction with your counterparties in Hong Kong. You can come for example to make sales calls to potential business partners, clients as long as while you’re making those sales calls you are working for an entity that’s established outside of Hong Kong. You can come to sign contracts or conclude contracts and submit formal tender proposals and support the submission exercise through the delivery of presentations and supporting representation.

Going ‘Hands On’

You can participate in overall product orientation. You can attend short term seminars. You can oversee the installation or the packaging of goods but you cannot actually be responsible and go hands on in relation to the installation or the packaging of those goods. And it’s a permitted activity to participate in exhibitions or trade fairs although it is not permitted activity to roll those up and start for example building the booth within the trade fair. You could assemble from a kit that you’ve brought with you, that’s natural but if you had to order timber locally and you needed to interact with local contractors and take responsibility for the formal building of your stand you would need work authorizations for that. And it’s perfectly okay to come and participate in for example reservation if you’re going to be suing somebody or you’re being sued and you need to give evidence.

You Know Work When You See It

So, in all things considered, business visits allow you to do all the kind of activities that are peripheral to commercial activity. And where it can be said that you’re actually getting involved in the provision of services or you’re implementing activities in relation to the commercial that it had brought you into Hong Kong in the first place, you’re going to need an employment visa. And this really sort of translates itself into a sort of common sense understanding.

If you’re going to come for three or four months at a time and you are a  U.K. citizen and you have 180 days as a visitor,  and during those three or four months you’re living in some serviced apartment and at 9 o’clock in the morning you’re reporting to your counter partner’s office and you going to your desk you’re sitting there and you’re on the telephone and you’re preparing paperwork and you are doing the kind of activities that will actually go towards the implementation of  the commercial aspect of what brought you to Hong Kong in the first place; and that’s really work, if it walks like a duck, talks like a duck, in actual fact it’s quacking its head off you are in fact a duck.

Therefore, you need to have an employment visa.

Consider A Short Term Employment Visa

So, whilst there are some differences between the activities, which are permitted by regulations and those that are allowed in practice, if you are going to be discharging your employment duties in Hong Kong, the type of things that you would ordinarily be doing back in the U.K. albeit it’s more practical to ‘live in Hong Kong underground’ doing that stuff, you need to have an employment visa.

Therefore, my advice in this situation would be to not rely on business visit category, even though you’re going to get 180 days period of stay each time you present yourself at the border, make an application for an employment visa.

The Immigration Department will take into consideration all the circumstances of your place and if you’ve got a genuine complex and you’ve got a business back home that this is going to continue and in fact is supporting the activities that have brought you to Hong Kong in the first place, the Immigration Department will grant you the employment visa.

So make that application and don’t attempt to just rely on business visit category simply because practically you get a 180 days each time you present yourself in Hong Kong at the border.

See Also …

Short term work in Hong Kong under official auspices

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How Can a Defacto Spouse Gain Approval to Work Under a Hong Kong Prolonged Visitor Visa?

Posted by The Visa Geeza / in Employment Visas, Family Visas, Your Question Answered / 3 responses

Work Under A Hong Kong Prolonged Visitor Visa | Benefits | Limitations | Requirements

Learn about the requirements, ImmD policy and how to qualify for an employment visa while holding such a prolonged visitor visa as a defacto spouse

So, what happens if a defacto partner ‘trailing spouse’ wants to take up employment in Hong Kong under a prolonged visitor visa? Is this possible?

QUESTION

Hi Visa Geeza,

I have been offered a job in Hong Kong and me and my de-facto partner are considering the move.

Whilst the company will sponsor me,  my partner wants to work in Hong Kong and not sit idle.

Is there anyway through the prolonged visitor visa (PVV) that she can obtain a right to work?

Also, are the PVV’s a little hit and miss and no guarantees they will be granted as they are a “made up” visa to accommodate defacto partners?

Me and my girlfriend have lived together for 5 years.

Appreciate any views / comments you can give.

ANSWER

 

Are you considering working under a Hong Kong Prolonged Visitor Visa? This  guide and the podcast reply which follows will provide you with all the information you need to make an informed decision. From understanding the benefits and limitations to meeting the requirements, we’ll break it down step by step.

Eligibility

Are you an employment visa holder in Hong Kong looking to sponsor your deafcto spouse under a Prolonged Visitor Visa? This visa allows for family reunions and is granted after careful assessment of the circumstances involved. It is specifically designed for couples who have the opportunity to legally marry but choose not to.

Understanding the Prolonged Visitor Visa in Hong Kong

The Prolonged Visitor Visa is a special status granted to individuals seeking to reunite with their partners in Hong Kong. It serves as a visitor visa and offers temporary residency. If your partner wishes to join you in Hong Kong under this visa, it allows them to be together with you while exploring other employment opportunities.

Qualifying for Employment under a Prolonged Visitor Visa

While a Prolonged Visitor Visa grants temporary residency, it does not automatically allow the holder to work. To pursue employment, your partner will need to secure a job offer. Under the general employment policy, they must demonstrate special skills, knowledge, and experience that are valuable and readily available in Hong Kong. Additionally, the job offer must be genuine and unable to be filled by the local workforce.

Employment Visa Probabilities and Requirements

It’s important to note that holding a Prolonged Visitor Visa does not provide any advantage when it comes to passing the employment visa approvability test. The requirements and considerations are equally as stringent as if the applicant did not hold a prolonged visitor visa. Therefore, it is crucial to carefully navigate the employment visa application process, ensuring all the necessary criteria are met.

Exploring Opportunities for Work in Hong Kong

While holding a Prolonged Visitor Visa, your partner can actively search for job opportunities in Hong Kong. It is essential to network, leverage your professional qualifications, and highlight your relevant experience. By demonstrating your unique value and skills, you increase your chances of finding employment opportunities that match your expertise.

Employment Visa Application Process and Considerations

To pursue employment in Hong Kong under a Prolonged Visitor Visa, an employment visa application must be submitted. The process can be complex and may present challenges. It is advisable to seek professional assistance and guidance to navigate through the intricacies of the application process. Their expertise will ensure that all the necessary documentation is prepared and submitted accurately.

Last Words

Working under a Hong Kong Prolonged Visitor Visa offers couples the opportunity to stay together and explore employment opportunities. While this visa does come with certain limitations, it is a viable option for those who choose not to marry but meet the criteria for family reunion and dependancy. Understanding the requirements and navigating the employment visa application process is crucial. Seek professional guidance to ensure a smooth and successful transition into the Hong Kong workforce.

Remember, while the Prolonged Visitor Visa does not guarantee employment, with careful planning and preparation, you can increase your chances of securing the right employment status in Hong Kong.

 

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

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

Hong Kong Employment Visa Application

How Long Should It Take Generally?

How long should a Hong Kong Employment Visa Application take to finalize – especially in light of the 4 weeks cited on the Hong Kong Immigration Department website?

QUESTION

My working visa application is now almost into its 7th week (49 days and counting).

There were documents that immigration requested from my sponsor which may have delayed things a bit.

Day 1 – was personal filing of my employment visa application in Wanchai.

Day 28 – request of ImmD for certain documents from my sponsoring employer.

Day 31 – my sponsoring company faxed the required documents to immigration.

It is now almost 50 days and my application is still in progress.

Apart from the time it is taking, my other questions are:

(A)  Is the online enquiry actually updated daily or is it true that there will not be updates on Sunday and Monday because it would be results from the weekend.

(B)  I visited immigration and asked if I could get more detailed information.  He said someone would call me but nothing yet. How can I get the case Officer’s information if at all possible.

Thanks in advance.

ANSWER

Even though the Immigration Department put out the missive on their website that the normal processing time for a Hong Kong Employment Visa is 4 weeks, in actual fact about 4 weeks starts counting from the time that they have all the information that they need on hand to give due consideration to the application in full.

So, what that effectively means is that the four weeks is commonly cited as being the typical processing time. It’s actually more like six to eight weeks. So given that you’re in your fiftieth day now, frankly, you’re well within the envelope of a normal case processing time so I wouldn’t be concerned about it too much.

Particularly given that you know it took them effectively for weeks to come back and ask for the first set of documents, which is normally about right. And you know your employer has turned that request around quite quickly within three days. So, effectively I think you’re well on track to getting your case finalized within the typical sort of eight-week time frame. Can take a little bit longer depending on what the Immigration Department make of the case and also how busy they are.

But they do have performance timelines that they have to work to, so you can rest assured that the Immigration Department will be working as hard as they can on your application even if it does seem to be taking an inordinate amount of time for your case to be finalized.

Just turning to the A and B part of your question, the online inquiry system really shouldn’t be taken too seriously in my opinion. I’ve appended a link to a post that I’ve done about this on a previous occasion. It’s a very, very basic system, it doesn’t tell you very much at all about what’s going on.

I appreciate that it’s the only source of consistent information that you can garner. Given that you’ve tried to have an interaction with the department to find out what’s going on, and you haven’t really been able to get any joy out thus far, so I can understand, you know, why it is important to you.

But the key thing to appreciate is that whilst I don’t understand having a clear insight into how the Immigration Department of Technology works, having a technology background, it just seems to me that at the moment that an immigration officer is going to mark your case as having been completed to the extent that it’s either been refused or it’s been approved. The moment that the Immigration Department officer does mark that in that way then the technology will be updated, and you’ll get a notification on the system.

So, given that you know there isn’t any Immigration Department activity on the weekend, yes it’s reasonable to assume that Sunday and Monday you’re not going to get any joy out of the system in terms of it telling you exactly what you need to know as to where the status of your application is. Bear in mind also that normally the Immigration Department will fax you the approval letter if you have denoted that you’re able to be communicated with via fax.

And in my experience very quickly after the department have made the decision to approve you will receive a fax anyway and nine times out of ten if we look to see if that we’ve received a fax in the afternoon the fax of approval in the afternoon and then quickly go online to see if the system has been updated – the system has not yet been updated. So, it’s all very hit and miss nonetheless, so yeah, I wouldn’t rely too heavily on the online system as being the definitive source of information as to where your case presently stands.

But turning to point B of your question: this is you know probably your best bet, because once you can speak to the officer they’ll give you an indication as to where they are in the application. They won’t give you any clear nod of the head or a tip of the hat as it were to let you know which way the wind is blowing as regards your eventual outcome. But if you are able to have a whole other conversation with the officer responsible for your case you’ll get a sense of where it is in the process and what kind of sort of timeline you might still have to wait to get near the outcome so that you know where you stand in the application.

And again, I’ve covered this previously so what I suggest you do is reference the link that is included in this blog post that will tell you exactly how to go about geeing up your application.

But yeah just to recap fifty days isn’t that long, squarely within the envelope; don’t rely on what the website is telling you – the usual Immigration Department are much more efficient when you’re dealing with the with the officer.

POST REFERENCED IN PODCAST ANSWER: How to gee up a Hong Kong visa application that is taking a long time to finalise

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