Your Employer Has No Plans To Help You Secure Your Hong Kong Employment Visa?
Persuading & Educating Hong Kong Employers On How The Employment Visa Sponsorship Process Works
The Problem
Employer to help secure your Hong Kong employment visa? For reasons often known only to themselves, some Hong Kong employers hold the belief that the foreigners they wish to employ can go about securing the all-important visa approval with little or no contribution on their part. This short discussion sets out how to go about educating them on the actuality of the process.
A Two Party Process
Most employers understand that, in order to secure your Hong Kong employment visa, it involves a two-party process and so employers thus typically engage wholeheartedly in the exercise in order to bring new foreign national employees into the ranks of their paid workforce.
On occasion, however, due to a fear of disclosing information needed for the application, an employer may distance themselves from the process and ask the prospective employee to sort out the visa situation on their own.
This, in fact, is churlish.
You see, if you want the employment to commence, both parties will have to engage in the process because no single party can divorce themselves from the challenge of getting the necessary approvals.
Details about current staff, including their salaries
Sponsorship details, including an undertaking to fund the cost of your incarceration if you need to be removed from Hong Kong for any reason
Managing The Application
Assuming you have employers prepared to play ball in this respect, it is possible for you, the applicant, to manage the process on your own. However, any follow-up requests from ImmD could bring your employer back into the picture, and they need to be ready and willing to participate.
Handling Sensitive Information
To ease your employer’s fears, they can agree to supply any perceived sensitive information required for your application in a sealed envelope to the Hong Kong Immigration Department directly, against your official reference number, and away from your prying eyes.
Suitable & Credible Sponsor
Finally, your new employer should be aware that going through the process of securing an employment visa for a foreign national employee lays down the foundation for being deemed a suitable immigration sponsor, both now and in the future. This could lead to positive rewards when seeking to recruit other foreign staff members. They should therefore embrace this opportunity wholeheartedly.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
How Can You Go About Completing The Hong Kong PR Application Process If Your Continuous Ordinary Residence Falls Just Short Of The Full 7 Years?
The Hong Kong PR Application Process Needs A Full 7 Years Of Residence Visas Without Exception …
QUESTION
Hong Kong PR application process? I’m getting in touch because I’m keen on pursuing Permanent Residency in Hong Kong. I’m uncertain about my eligibility and the appropriate timeframe for the application based on my circumstances. Here’s a brief on my current situation:
I’ve been a resident of Hong Kong since March 8, 2017, and am nearing the completion of my 7th year.
My work visa is set to end on March 6, 2024.
I parted ways with my previous employer in November 2022.
Despite my efforts, I haven’t landed a job in Hong Kong since the time I left my last job.
I earned a Master’s Degree from a Hong Kong university in 2020, which ranks among the top 100 globally as per the Top Talent Pass Scheme – TTPS – (I pursued this part-time while working full-time).
My 2022 annual earnings, due to the severance I received, surpassed the 2.5m HKD mark mandated by the TTPS, which I believe qualifies under “income from taxable employment.”
My income halted post-November 2022, resulting in my 2022 and 2023 tax assessments (from April 1st to March 31st of the next year) not reflecting this.
I’d like to seek clarity on a few points on the Hong Kong PR application process:
As my visa is due to expire on March 4th next year, would I need to exit Hong Kong and re-enter as a visitor to make up for the slight gap leading up to my 7th residency anniversary?
Would setting up a business in Hong Kong potentially bolster my chances as I undergo the Hong Kong PR application process given it underscores my commitment to Hong Kong as my primary residence and life’s focus?
Your guidance on the optimal course of action for the Hong Kong PR application process would be invaluable.
ANSWER
Timing of PR Application?
Back-To-Back Residence Visas: You need to have held a valid residence visa for the full 7 years to be able to qualify for Hong Kong PR.
Valid Residence Visa: A valid residence visa is required on the day you apply for PR and on the day the Immigration Department finalizes the application.
Application 28 Days Before 7th Year Anniversary: It is suggested to make the PR application 30 days before your 7th year anniversary in Hong Kong, with all supporting documents. However, you MUST be physically present in Hong Kong on the day of and the day after your exact 7-year anniversary if you commence your HK PR application process 28 days ahead of your 7-year anniversary.
Your Specific Questions
Completing the Missing Few Days:If your visa expires on January 4th, 2024, and you want to complete the missing few days till your 7th year anniversary, you will definitely need to arrange an alternate residence visa in order to fill these 2 missing days. A visitor visa is not appropriate.
Similar Case:The case you found on our website regarding losing a job and visa work expiring on the same day as the 7-year anniversary in Hong Kong provides valuable insights. However, it is essential to understand that you will need to plug the 2-day missing gap in your residence visa status in order to complete a full 7 years ‘residency’ in Hong Kong.
Reaching Out to the Immigration Department:It may be beneficial to reach out to the Immigration Department beforehand to bring your case to their attention or request an in-person meeting. This will allow you to discuss your situation in detail and avail some pointers from them. However, please consider that ImmD’s job is to inform and decide, not to advise. They will not be accountable for anything they may say to you in such an informal setting.
Top Talent Pass Scheme:Applying for the Top Talent Pass Scheme may be an option to consider. This scheme provides a fast-track immigration process for high-earning individuals or those with exceptional talent or skill sets. However, it is crucial to review the specific eligibility criteria and consult with the Immigration Department or a professional immigration advisor for personalized advice. You will need evidence of the earnings in the 12 months immediately prior to submitting the application and you might not actually qualify due to the fact of your unemployment for the last 12 months or so.
Registering a Company in Hong Kong: Registering a company in Hong Kong can demonstrate your commitment to the city and may support the idea that Hong Kong will be the centre of your life and place of residence in the foreseeable future. However, it is important to note that registering a company alone does not guarantee a successful PR application. This should be pursued in the context of changing your visa category to business investment as an entrepreneur in order to plug the 2 days missing in your full 7 years of continuous ordinary residence.
Concluding Advice
The TTPS might work for you if your income paperwork supports the contention of you having earned HKD2.5m in the last 12 months.
If your employment visa expires before your change of employer application is finalised, all is not lost. The key thing is to have your change of employer application active in Immigration Department’s system and then you’ll slip into what I have couched as the Twilight Zone.
It can be an administrative nightmare when you find yourself in such a state of limbo in a change of employer application. However, if you have no need to leave Hong Kong pending the outcome of yourchange of sponsorship (change of employer) application, ImmD has a very practical solution – assuming you submit your application to change employers BEFORE your current limit of stay expires. This is a piece of advice I gave more than 10 years ago and it is just as valid today as it was way back then. I am refreshing a lot of the old content as I have been programmingVisaGeeza.Ai
QUESTION
“First may I say thanks for this resource online.
I am close to the end of a one-year Hong Kong employment visa (07-06-12). I have a change of employer application ongoing at the moment.
I left my old company as a financial adviser 3 months ago and now have a new job offer for 22-06-12 as a property consultant.
So I am changing jobs AND applying for an extension at the same time I believe?
At least that’s what my new company has told me.
I have a background in mortgages in Singapore so financial advice and estate agency are in the ballpark of my skill-set.
I just need to know which mistakes not to make.
Any help is gratefully received.”
More Change of Employer Stuff You May Find Interesting or Useful
So, Is It Ever Possible To Extend Hong Kong Training Visa?
Updated July, 2023
Before You Can Extend Hong Kong Training Visa – You Need To Get One!
The Hong Kong training visa involves an application to enter Hong Kong for a limited period of training (meaning not more than 12 months) to acquire special skills and knowledge not available in the applicant’s country or the sponsoring company may be favourably considered if:
1. There is no security objection and the applicant has no known record of serious crime.
2. His or her bona fides and those of the sponsoring company are satisfied.
3. The sponsoring company well‐established, capable of providing the proposed training.
4. There is a contract in place in regard to the training proposed.
5. The sponsoring company guarantees in writing the maintenance and repatriation of the applicant and that the applicant will receive training in the sponsor’s premises until the end of the agreed period, after which the applicant will return to his/her place of residence; and
6. The proposed duration and content of the training programme can be justified.
The question is begged, therefore, if a training visa can be extended when it comes up for expiry?
Extend Hong Kong Training Visa?
The short answer is usually no.
The Hong Kong training visas is a special, limited purpose employment visa and the nature of the approval essentially sets the scene definitively for what you can do whilst you hold one.
ImmD almost always hold the applicant and the sponsoring company to the terms of their undertaking in respect of the length of the period of stay requested when the Hong Kong training visa was granted and, apart from a very short additional extension of time (say up to a maximum of one additional month for a good reason) when the training project is over, it’s time for the Hong Kong training visa holder to comply with the terms of his undertaking and leave Hong Kong.
One of the key components of eligibility for IANG Visa PR (Permanent Residency in Hong Kong whilst holding an IANG visa) is to demonstrate that you’ve ordinarily resided here for seven years for a settled purpose. Your settled purpose is a function of the visa type that you hold. So if you hold an IANG visa under the Immigration Arrangements for Non-local Graduates your settled purpose principally is work in Hong Kong. These working permissions received ‘favourable consideration’ by vurtue of the fact that you previously graduated from a full time degree-level course of study from a registered tertiary education institute in Hong Kong.
IANG Visa PR In Hong Kong
When you hold an IANG visa the expectation is that you have been in Hong Kong for a full seven years for the settled purpose of work. That is, the only reason that you get the IANG visa is to enable you to be able to contribute to Hong Kong by working here.
Working Overseas Under An IANG Visa
If you leave Hong Kong and take up a formal employment outside of Hong Kong for an overseas employer, you’re abandoning your settled purpose of work in Hong Kong. It’s not sufficient just to have a valid IANG visa, you are expected to ordinarily resident by working here under if it’s your intention to qualify for PR after 7 years.
The situation is different if your Hong Kong employer temporarily seconds you overseas and maintains your employment contract all throughout. In such a case, your ordinary residence in Hong Kong will be retained for the purposes of qualifying for PR after 7 years. You will need your employer to confirm this in writing as part of your IANG Visa PR application documentation bundle.
IANG Visa PR – The Approvability Test
Test For IANG Visa PR Approval:
You need to have been continuously and ordinarily resident in Hong Kong for a period of not less than seven years where absences from Hong Kong in that time – be they of long or short duration – are of a merely temporary nature as evidenced by what you leave behind in Hong Kong to return back to at the end of each temporary stay abroad. You need to have held back-to-back residence visas throughout the seven years claimed as ordinary residence in Hong Kong; must be no security objection to being granted the Right of Abode; must be no outstanding taxation liabilities in your hands in Hong Kong at the time that you’re applying for Right of Abode. And, as stated, you need to have been in Hong Kong for a settled purpose.
Anchor Documents For An IANG Visa PR Application:
(1) Personal tax filings in Hong Kong.
(2) MPF contributions made throughout the 7 years.
(3) Proof of your habitual place of residence in Hong Kong.
(4) Acceptable explanation for very lengthy absences – especially if you have been working overseas.
Structuring Your Argument For IANG Visa PR Approval: To strengthen your application for the Right of Abode, you need to address the following challenges:
(6) Arguing Away Missing Residence: If you have had absences from Hong Kong for more than six months during your seven-year continuous residence period, you will need to provide proof that your intention was to depart only temporarily. This can be done by providing evidence of your ties to Hong Kong and reasons for your absence, such as work assignments or family obligations.
(7) Third Country Permanent Residence: If you hold permanent residence in a third country, not being the country of your current passport, you need to demonstrate that you have taken concrete steps (via intention and conduct) to make Hong Kong your ONLY place of permanent residence. While the Immigration Department may take a liberal interpretation. it is prudent to downplay the fact of any third-country permanent residence when declaring Hong Kong as your current and only place of permanent residence.
You must be physically present in Hong Kong on the date your application is submitted and you must be holding a residence visa at that time. The 7 years of ordinary residence needs to have fully accrued in order for the Immigration Department to positively finalize your eligibility.
Approval Formalities: Once your eligibility for a permanent identity card has been verified, your IANG Visa condition of stay in Hong Kong will be canceled. You will then be asked to attend the Registration of Persons Office to apply for a Hong Kong Permanent Identity Card.
IANG Visa PR – Resources You Might Find Helpful
For more information on IANG Visa PR in Hong Kong, check out the following resources:
Fixing A Change of Sponsorship For Hong Kong Employment Visa
What will be the consequences of being employed illegally for almost a year without having a change of sponsorship for Hong Kong employment visa?
When new owners took over the company sponsoring a visa, with the limit of stay up for renewal soon, they terminated the employee temporarily with compensation until it was all resolved. Will PR eligibility be impacted due to this oversight?
Change of Sponsorship for Hong Kong Employment Visa
Understand the implications and solutions for a change of sponsorship for Hong Kong employment visa due to a change in company ownership. When a company changes ownership and reconfigures employee employment contracts to a new entity, it’s crucial that the Human Resources (HR) department informs the Immigration Department about this change in arrangement and with it the sponsorship of their visas. Failing to do so can result in employees working illegally, as you’ve experienced for almost a year. This realization can be daunting, especially when your visa is set to expire soon.
The Silver Lining: Rectifying the Situation
However, there’s a silver lining. When there’s a change in ownership and with it a change of sponsorship for Hong Kong employment visa, the new owners are supposed to notify the Immigration Department. The Department will then correspond with the new owners to assess the credibility of the new employing entity to be a sponsoring entity. If there has been a trade sale or commercial transaction, the Immigration Department generally approves the change in arrangement, as long as the new arrangement amounts to a credible sponsorship status.
The Role of the Immigration Department
To rectify your situation, your employer needs to approach the Immigration Department, confess what happened 12 months ago, and make it right. As long as the entity that presently serves as your employer is ‘well established’, even though it might have changed name, the obligations for sponsorship that go with that entity will be adjusted to bring you into compliance. ‘Well established’ means it is also employing locals in addition to you, has a tenancy agreement for its business premises and is resourced with both funding and normal business income streams.
The Impact on Your PR Application
If your employer does this, it should not have an impact on your PR applicationnext year. So, you should leave it up to your company to rectify the situation and then get back to your work duties. Your company did terminate you so that they could have time to rectify the issue and employ you lawfully back again once this is settled. You do not need to engage a lawyer for this matter. If there is anything else you should be doing, your company will let you know.
Steps to Rectify the Situation
The Employer’s Responsibility
In conclusion, a change in sponsorship for Hong Kong employment visa due to a change in company ownership can be rectified by the employer notifying the Immigration Department and making the necessary adjustments. This should not impact the employee’s ability to remain in Hong Kong or their future PR application.
Your Role as an Employee
As an employee, your role is to cooperate with your employer during this process and to continue fulfilling your work duties once the situation is rectified.
The Importance of Legal Counsel
While you do not need to engage a lawyer for this matter, it’s always a good idea to be informed about your rights and responsibilities.
Looking Ahead: Future PR Application
Looking ahead, remember that this situation should not impact your PR application next year, as long as your employer takes the necessary steps to rectify the situation NOW!
How Our Client Leveraged A Hong Kong Employment Investment Visa To Enter Our Cyber-Security Market
An employment visa for a one-man consulting concern initially before going on to convert his status into a fully-fledged investment visa subsequently
A Case Study
Hong Kong employment investment visa? This Case Study looks at a not-entirely uncommon but still unusual method of securing, initially, an employment visa for a one-man consulting concern in Hong Kong and then going on to converting his status into a fully-fledged investment visa subsequently.
Our Client’s Journey
Join us as we delve into our client’s remarkable journey of leveraging a Hong Kong employment investment visa to unlock new business prospects in the market for cyber-security services in Hong Kong. I discuss the process, requirements, and advantages of this visa application through his novel case study.
The Visa Mechanism
The “Hong Kong employment investment visa” played a pivotal role in empowering our client, a specialist in banking security systems, to embark on a transformative business expansion in Hong Kong.
By establishing the representative office, our client managed to demonstrate a clear chain of contracts back to the parent entity, the UK bank. This compelling evidence persuaded the authorities to grant him an employment visa for the project’s duration, enabling him to provide his specialized services in Hong Kong for an extended period.
Expanding the Business Footprint
The successful completion of the initial project not only satisfied our client’s contractual obligations but also opened up new avenues for growth. Being physically present in Hong Kong allowed him to forge valuable partnerships, capitalize on emerging opportunities, and expand his network within the banking sector.
Re-domiciling the UK Business to Hong Kong
Holding a renewed vision for the future, our client made a strategic decision to re-domicile his UK business to Hong Kong. By establishing a limited liability company incorporated in Hong Kong, he ensured seamless operations, compliance with local regulations, and enhanced credibility within the region.
Visa Extension and Continuous Business Growth
Thanks to our client’s substantial economic contribution and demonstrated success, the Immigration Department granted him a 12-month extension on his investment visa permissions. This endorsement further fortified his presence in Hong Kong, allowing him to secure additional contracts with different European banks and leverage his expertise to fuel continuous business growth.