Is There Such An Animal As A Job Seekers Visa For Hong Kong?
If There Is, Please Tell Me More …
Hong Kong immigration is rife with visa gossip and rumours so I am pleased this question has been raised as it allows me to slay an old dragon once and for all!
QUESTION
Hi Stephen,
Thanks ever so much for your amazing website. I have never seen anything like this before – and I can’t believe it’s all free!
I have been looking around for details about the Job Seekers Visa For Hong Kong but can’t find anything.
Does this visa actually exist?
I have been told by a couple of people that I can come and live here for 3 months no questions asked as I look for a job, then swap that job seekers visa over to a work visa.
How do I go about doing this?
Thank you again!
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
I ended my employment in Hong Kong at the beginning of January.
I looked for work and eventually found and got offered a job, still in Hong Kong, to start in March.
I thought everything was going well. I went in on the 1st of February to sort out the application for the work visa, and they sit me down…
They told me my previous work visa had expired on the 24th of January.
Now, this shocked me. In all the searching and transition to the new job I had completely forgotten to check my old visa.
I had come back after Christmas and assumed I was on a Visitor visa, or that my Employment visa hadn’t run out, because I was allowed back in after my return at Xmas.
I hadn’t checked. This is totally my fault and my mistake, I had completely forgotten.
My new company told me to go straight to Immigration, present myself, put in my new visa application with profuse apologies and explain myself.
I did that, they shouted at me threatening imprisonment.
I had to write a letter to the Director of Immigration explaining what happened.
I did all this, and afterwards the Officer said that was all for today and that they would send a letter to my company in 4-6 weeks.
They let me go with my passport and Hong Kong ID Card, and in my passport is a card with an application reference.
I have no idea what happens now.
They didn’t stamp my passport to allow me to leave the country, so I can’t go and return as a Visitor.
I am here with no visa, and I’m worried that if my work visa is denied, or I am stopped in the meantime, they will imprison me because I stayed here even longer.
No one at my new company is concerned, either because they don’t care or they don’t know. They are backing me and want me to work for them, but that’s it.
So, in your experience, what could happen now? What can I do to find out? How can I protect myself?
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
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ANSWER
Of course, being an overstayer is never a particularly nice thing to experience, but it seems to me that the worst is behind you now.
The advice that you received from your proposed new employer was absolutely on the money, and that was of course to report to the Immigration Department as soon as you discovered they overstay. Do make representations by way of apology and explanation, and in my experience Immigration Department are very often prepared to overlook accidental overstays and it appears from the information you’ve provided me thus far, that in case is in actual fact what did occur.
So, essentially then, by reporting to the Immigration Department you have advised them of the reasons for your overstay, and at the same time you’ve put into them a formal application for you to seek to adjust your sponsor from your old employment visa sponsor through to your proposed new employer.
Because you made the application whilst you were an over-stayer and you overstayed your employment visa, essentially what the Immigration Department are doing is treating your application to change your sponsorship whilst you are in what I’ve couched as the Twilight Zone, and The Twilight Zone is where you are an existing resident, your current conditions of stay prevail, but because you’ve made an application to the Immigration Department to change your employment visa sponsor, they’re not in the position to endorse your passport with anything new, until such a time as they positively finalize your application to change your sponsor, which will take 4 to 5 weeks all things considered.
So, now that it’s sitting in the twilight zone, essentially you can’t leave Hong Kong without first getting a departure memo from the immigration office of its task with considering your change of sponsorship application but by the same token you are not deemed to be an over-stayer at this point, because you’ve essentially regularized it previously, and the Immigration Department have kind of Iike moved past that issue and they’re now focusing on determining whether or not you should be granted the ability to take up this new employer.
Now normally whilst the Immigration Department absolutely frown on over-stayers, the truth is that if you are genuinely now seeking to change your employer and that employment is for all practical purposes a like for like employment, you can go into that application with a reasonable level of confidence that you’re going to get approved notwithstanding the fact that there were these overstay problems associated with you actually formally moving your application into the Department for your change of employer.
So, if you get stopped on the street, the Immigration Department essentially know all about you, they are not in a position to endorse your passport with anything new presently, as I say until your new employment visa application has been finalized. So, I wouldn’t worry about it, if the Immigration Department were going to make any kind of example of you, I think you would have probably felt their wrath at that level by now, but given that they seem to have endorsed your passport with the standard card that speaks to the fact that you’ve now got an active reference as regards your application to change your employer, and that they will as they normally do write to your employer during the currency of the application to change a sponsorship for any outstanding or other information that will allow them to positively consider it in your favor, that is just the normal way that it works.
So, I believe that the hard part of your experience is behind you, I wouldn’t get worried, if the Immigration Department were going to make a move on you, you will hear about it. If you don’t hear about it, you can take some confidence that they are in fact just moving forward with your application to change your employer. Once, it’s approved they will then endorse your passport with a new limit of stay, which I think is before Q1, should be for a one-year period, if they finalize your application in Q 2, yet to be formally determined by the Immigration Department you’ll then get a 2-year limits of stay in the recently announced enhancement measure.
So, if I can put your mind to rest, I hope I’ve done that, but it seems to me that the situation that you find yourself in, whilst regrettable seems to have been dealt with by your letter of explanation and apology, and the fact that the Immigration Department have received your application to change your sponsor have given you an indication that that’s going ahead as a result of the card in your passport along with the file reference number, and the fact you have representation from an immigration officer that the next move will be a letter to your employer or your proposed employer.
So, all things considered I don’t think you’ve got much to worry about.
Okay, I hope you found this useful and gave you some piece of mind.
Can A PRC National Spouse Get A Dependant Visa For Hong Kong?
Can they qualify, if so, how?
The question of immigration status for mainland resident spouses of current or aspiring Hong Kong residents is a bit of a hot potato.
As this PodCast answer below sets out, there is a dual track system in place in the immigration system which makes for winners and losers – and for once, those with the Right of Abode miss out.
QUESTION
“My employer wishes to relocate me from our Shanghai office back to our Hong Kong office. I previously had a Hong Kong work visa from 2007-2010.
I’ve very recently been married to my mainland Chinese wife. Will the fact that she is mainland Chinese adversely affect our ability to get a work visa for myself and a spouse visa for her?
What steps can I take in order to improve the likelihood that we are approved (besides the marriage certificate, mutual bank statements, and photos showing that we’ve been together for a long time)?”
ANSWER
In recent years PRC national mainland resident spouses, who have been sponsored for dependant visasby foreign nationals living or seeking to live in Hong Kong can apply for dependant visa for Hong Kong just like any other foreign national can.
Consequently, in your circumstances, you can apply for a visa to join you as your spouse without concern or respect to their nationality and the fact that suit residents on the mainland at the moment and this is contrary to the situations faced by residents in Hong Kong, who have the rights of abode, that is their permanent residents.
You see, spouses of Hong Kong permanent residents can only sponsor their mainland spouses into Hong Kong on the One Way Permit system, which is subject to a daily quota and as a [00:48] law of many, many years. And actually this is the same for foreign national permanent residence and native Chinese permanent residents of Hong Kong alike.
So, when you make your application for an employment visa to be collected back from back to Hong Kong from Shanghai, you simply included your wife on the ID 990B employment visa application form and then submit the documents to show that you’re happily married, that you live together until now and that you can financially support her.
She will need an endorsement in her travel document from the local Public Security Bureau in Shanghai as well, but after that, basically, your application should be very straightforward and I will not anticipate that you will have any problems being able to relocate to Hong Kong together.
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).
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.
Video and openAi update on the back story of the Hong Kong Visa Geeza. On March 2, 2017 I was asked byCampfire 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.
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.
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.
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.
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.
PRACTICE UPDATE: How to read in light of current ImmD policy:
While the legacy guidance in Visas To Live, Work or Establish A Business In Hong Kong – IANG presented the master’s-degree route as a strategic “study-then-work” mechanism granting an automatic 24-month runway to sidestep early career hurdles and launch a business, it must now be read alongside the modern regulatory realities detailed by Stephen Barnes in Practice Update: Hong Kong’s IANG Visa: the initial two-year grant is no longer merely a temporary shelter from corporate employment rules, but an active incubation window where the Immigration Department actively scrutinizes commercial substance—requiring verifiable operational transactions, commercial agreements, and genuine market engagement rather than nominal corporate structures—as encapsulated by the operative standard: “A registered company, by itself, should not be assumed to establish sufficient grounds for an extension. Applicants should be prepared to demonstrate genuine commercial activity.”
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
