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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The New Hong Kong Capital Investment Entrant Scheme | Starts in 2024 | Some Details Are Released

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

The Capital Investment Entrant Scheme | To Re-Start In 2024 | HKD30M | A Big Boy’s Play …

Stephen Barnes’ Comments On RTHK News Today

 

Capital Investment Entrant Scheme

On December 19, 2023 the Hong Kong government announced a new scheme aimed at attracting foreign investment and talent, known as the Capital Investment Entrant Scheme. This initiative targets individuals aged 18 and above, including foreigners, residents of Taiwan and Macau, and Chinese nationals with permanent resident status in other countries.

Qualifying

To qualify, applicants must possess a net asset value of at least 30 million Hong Kong dollars (c.USD3.8M) in the two years prior to applying, investing a minimum of HKD27 million in non-residential property and qualifying financial assets like stocks or bonds, and an additional HKD3 million invested in innovation and technology.

No Targets

Christopher Ho, the Financial Services Chief, mentioned that the Capital Investment Entrant Scheme is a revival of the previous one suspended in 2015, but without specific targets for the number of applicants. The earlier scheme attracted about 4000 applicants annually, potentially bringing in 120 billion Hong Kong dollars of new money.

Commences 2024

Applications for the revamped Capital Investment Entrant Scheme are expected to open in the first half of the next year.

Visa Geeza Speaks

In an interview on RTHK Radio 3 News this morning, Hong Kong immigration consultant Stephen Barnes shares his insights. He views the scheme as a valuable addition to Hong Kong’s immigration programs, particularly filling a gap for passive investment opportunities that emerged after the suspension of the previous scheme in 2015.

Chinese With A Foreign PR?

The Capital Investment Entrant Scheme is open to a wide range of foreign nationals, including Chinese nationals with foreign permanent resident status, but excludes certain groups like North Koreans and Cubans. An interesting aspect is the inclusion of Chinese nationals with foreign PR, a group that was able to participate in the last scheme through PR obtained, often conveniently, from countries mostly in Africa.

Small Biz Gets A Look In

Barnes believes the Capital Investment Entrant Scheme will primarily attract wealthy individuals capable of investing HKD30 million in Hong Kong, a requirement for obtaining a Hong Kong identity card. He suggests that the scheme might be particularly appealing to individuals from the Middle East. The requirement of a HKD3 million investment in the IT sector via the Hong Kong Investment Corporaton is seen as a positive step, providing support to innovative small businesses in Hong Kong.

4000 Annually?

While the Financial Services minister did not set a hard target, Barnes is skeptical about reaching the 4000 applicants mark annually, given the stringent requirements and the fact that the Capital Investment Entrant Scheme does not offer a passport, but permanent residency after seven years of ordinarily residing in Hong Kong.

Much, Barnes says, will turn on how the definition of “PR in a foreign country” will be construed as applied to ‘Overseas Chinese’. The overwheming majority of the 4000 applicants per year under the previous Capital Investment Entrant Scheme programme were Chinese nationals owning ‘overnight PR of convenience’.

After 7 Years

He also notes that after seven years, participants can opt for unconditional stay, allowing them to withdraw their investment while maintaining residency, provided they visit Hong Kong at least once every 12 months.

Role of InvestHK

Barnes suggests that the success of the scheme will depend on its implementation details, particularly how the government agency InvestHK manages the assessment and certification of the HKD30 million wealth requirement and the investment in the right asset classes.

He expresses a cautious optimism about the role of InvestHK in this process, acknowledging the unpredictability when government departments handle such ‘free market’ initiatives.

Wait & See

The launch in 2024 will reveal more about the scheme’s effectiveness and its impact on Hong Kong’s economy and immigration landscape.

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Hong Kong Entrepreneur | Opening A New Restaurant | What Is Mission Critical? | What Visa Do I Need?

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

Hong Kong Chef Opening A New Restaurant | What Visa Do I Need | How To Guarantee Approval?

You’re presently working in a restaurant – you’ve got an employment visa sponsored by your full-time employer and you have an interest in opening a new restaurant of your own …

Immigration Considerations

Opening a new restaurant in Hong Kong. You would like to understand the immigration dimensions and the implications of this situation.

In broad terms, the visa manoeuvre that you need to do is called a change of visa category from sponsored employment through to business investment as an entrepreneur.

Test For Approval

In doing this you have to persuade the Immigration Department that the plan requires the creation of new facts on the ground anticipatory of opening a new restaurant and your business commencing that you can and I quote … Make a substantial contribution to the economy of Hong Kong … now, what that means in practical terms … is basically that you have firstly a clear pathway to the creation of local employment opportunities.

Local Jobs

Opening a new restaurant is going to create local jobs in any event so generally speaking restaurants are able to prove this without too many problems.

Suitable Premises

Secondly, you need to have suitable business premises. Now specifically in the context of opening a new restaurant operation the Immigration Department want to see a stamped commercial tenancy agreement and they want to see that the application for restaurant licencing has commenced with visibility on when realistically the restaurant licencing component can be completed, so that’s the second thing that they’re looking for.

Financial Resources

Thirdly you’ve got sufficient financial resources to be able to basically deliver on the plan for opening a new restaurant which would be to get yourself established operational and have the necessary cash available to you to control cash flow for a while you know get yourself fully established.

A Good Story

And then finally the Immigration Department looking to see that there is a good story behind your intentions in opening a new restaurant and so – you know, like the cuisine – what’s interesting about it you know what new stuff you’re contributing to the culinary experience in Hong Kong and also you know what your background is as well in running a restaurant operation. What your skill set is to ensure that not only can you deliver the product from a cuisine perspective, but you’ve got the wherewithal to be an entrepreneur if this is your first restaurant venture of your own, and you’ve got what it takes to be able to pull it together.

So all that’s the bad news.

The Good News

The good news is if you can tick all of those boxes the default posture of the Immigration Department is to approve an application from a Hong Kong chef opening a new restaurant – rather than refuse them. They take the view that if you’ve got the ambition and the resources and are prepared to assume the risk (and Hong Kong restaurants right now have no small measure of risk) then they should give you the benefit of the doubt and give you the visa to enable you to progress with your plans. They don’t want to throw logs at the feet of entrepreneurs; they want to support and encourage that activity as long as you’ve got the Entrepreneurial chops and the resources to give effect to the plan and both are manifest in their eyes.

So that’s the kind of the challenge ahead.

Visa Application Process

The question then is well, how do you get from here to there?

Well, when you get your present employment visa permissions you are permitted only to work for your sponsoring employer and the work that you do under your employment contract for the sponsoring employer.

When you move into the realm of getting permission to start your own business what’s happening is that your employment visa right now has two privileges.

Privilege to Reside & Work

You get a privilege to Reside and a privilege to Work for the sponsoring employer.

So, when you stop working for the sponsoring employer your privilege to Work ends the privilege to Reside continues until your current visa expires. In order to reinstate you privilege to work if you stop working for your sponsor you either find another job with a well-established enterprise that can pick up your sponsorship and you can work full-time for them or you start your own enterprise as I’ve stated and apply to change your visa category to business investment as an entrepreneur. Make sense?

Chef Visa Changes In Recent Years

They only recently changed the law. It used to be that when you got a chef visa, it said in your passport that this Visa is good for 2 years or two weeks from the end of your employment whichever is the sooner and about five years ago they did away with that and brought chef visas into line with all the other professional visas in Hong Kong separated into the 2 residence and privilege to work categories.

Catch 22

There’s a classic Catch-22 in this instance – you can start the visa process and you can create everything proforma but for the final restaurant site, but they will not finalise your application until you pitch up with a stamped commercial tenancy agreement because without that there’s no place to conduct your business, so it’s kind of like Catch-22 but the truth is once you’ve signed the commercial tenancy agreement and you started the restaurant licencing process as long as all things are there being equal, they will approve your visa because they won’t leave you with your ass hanging out.

Conditions Precedent

All things being equal, if you have committed to the tenancy agreement and move forward with the licencing requirement in opening a new restaurant – as you know – the biggest expense is getting opened and started so as long as you have the financial resources to do all of that then it’s just a case of ticking the boxes and showing that you’ve got the place to operate the business from and show progress on the licensing dimension the rest is basically – I can’t say it’s rubber stamping – but you still going to win the day.

Almost Certain Approval

They almost certainly won’t deny your visa when opening a new restaurant in Hong Kong in this fashion.

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Hong Kong Visa Geeza | Going Back to Blackburn | Chinese New Year 2018

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

The Journey of the Hong Kong Visa Geeza: From Blackburn to Hong Kong

At Chinese New Year 2018 I went back to Blackburn, Lancashire the town of my birth in northern England.

Updated September 2023

Childhood Memories in Blackburn

Hong Kong Visa Geeza? After many years away, I returned to my hometown of Blackburn, Lancashire, where I couldn’t help but reminisce about my childhood. Walking through the streets, I visited the house I grew up in and took a trip down memory lane. My primary school, Duckworth Street, holds countless memories from my formative years, as it was where I attended from the age of four until 11.

Leaving England and Embracing Adventure

Leaving St. Wilfred’s school in 1979 without any qualifications, I felt a strong desire for adventure. So, I put on my backpack and embarked on a journey to explore the world. My travels took me to various countries, but eventually, I found myself in Hong Kong—a captivating and truly fascinating place.

Returning to Blackburn: A Trip Down Memory Lane

Over four decades after leaving Blackburn, I decided to return for a nostalgic trip. Although time had brought changes to the town, I was delighted to discover that I could still find connections to my past. It was heartwarming to stroll through familiar streets and revisit places that had shaped my early years.

Overcoming Challenges and Achieving Success

My path to success was not without its fair share of challenges. Many doubted my abilities, and I even battled with imposter syndrome. With determination and hard work, I persevered and ultimately became very accomplished in my niche of Hong Kong immigration.

The Importance of Following Your Dreams

Reflecting on my personal journey, I cannot stress the significance of pursuing one’s intuition. I have learned that hard work and perseverance are instrumental in achieving success. Believe in yourself, stay committed to your goals, and you will be amazed at what you can accomplish.

Last Words …

If you are in need of expert guidance on Hong Kong visas, we are here to assist you.

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Now That I’ve Lost My Job What About My Employment Visa? Will I Get Kicked Out Of Hong Kong Or Can I Stay?

Posted by The Visa Geeza / in Employment Visas, Musing / 90 responses

Now that I’ve lost my job what about my employment visa? Will I get kicked out of Hong Kong? I really do need time to get myself sorted out and ideally I want to find another employer here and pick up my career again. I love Hong Kong even though recent years have been tough and I certainly want to try for PR after 7 years. What do I need to know and do please?

Lost My Job What About My Employment Visa – Do I Have To Leave Hong Kong Straight Away?

No, definitely, not. Not at the moment anyway. This is how it all plays out for you now.

But first, a bit of technical background about your employment visa and what happened when it was issued to you.

When your current employment visa was first issued or last extended, the Hong Kong Immigration Department were satisfied on the documents supplied to them that:

(a)    You possess special skills knowledge or experience of value to and not readily available in Hong Kong in the context of the job you were employed to do on the terms and conditions disclosed in your employment agreement, and

(b)   Your employer was justified in engaging your services, those of a foreign national, rather than a local person, and

(c)    Your employer was deemed a suitable sponsor of your stay in Hong Kong  such that if you have to be removed from the SAR for any reason in the future, the HKID can look there for the cost of your repatriation subsequently.

So that’s where you stood until the day your employment ended.

Lost My Job What About My Employment Visa – The Continuing Privilege To Reside In Hong Kong

It’s not often appreciated that, when your Hong Kong employment visa was issued it came with 2 privileges:

1 – The privilege to do the job (a)-(b) above.

2 – The privilege to reside.

Note these are privileges – not ‘rights’.

A foreign national has no immigration rights per se until they have the Right of Abode when they have become permanent residents.

The privilege to reside flows naturally from the privilege to work. You can’t, after all, be allowed to work in Hong Kong and not be allowed to live here at the same time.

But the distinction between the two is often lost and only ever really come into focus when you stop working for the sponsor of your current employment visa. When this happens, your privilege to work ceases completely (and this includes working for yourself in your own business).

As for your privilege to reside, this will continue until your current limit of stay expires, whereupon you are expected to leave Hong Kong.

The privilege to reside carries the ability to look for an alternate employer and also make preparations to start a business, if this is what you’re thinking you might like to do in the wake of the termination of your last employment.

However, the privilege to start a new employment or actually start working in your new business can only be reinstated by the Director of Immigration.

Lost My Job What About My Employment Visa –  Can I Recover The Privilege To Work In Hong Kong?

Consequently, you need to make an application to ImmD to change employers (employment visa) or establish/join in a new business (investment visa) before you are lawfully able to carry on with these income earning activities.

In both cases, this will require a new sponsor to pick up from where your last employer left off.

At the same time, your limit of stay will be extended by a further 24 months, (depending) and, at all times, the status of your family members holding dependant visas, simply follows yours except to the extent that your spouse still has the privilege to work on the strength of her own dependant visa which is unaffected by the loss of your job.

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