Hong Kong Visa Requirements | Type Of Visa You Will Need To Live Or Work | Considering The Top Talent Pass?

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

Hong Kong Visa Requirements To Take Up Residence

Here’s What You Need To Consider If You Want To Live Or Work In HK

What Are The Hong Kong Visa Requirements Applicable To You?

To live and work in the HKSAR you need to know the Hong Kong visa requirements; there are various visa types available. However, please note that the following information does not cover the Visitor Visa, Student Visa, Foreign Domestic Helper (FDH) visa, the Right of Abode, or Unconditional Stay.

Hong Kong Visa Requirements

Here are the Hong Kong visa requirements to take up residence to live and work in the HKSAR.

1. Work Visa

– This visa is for individuals who have a confirmed offer of employment in Hong Kong.
– The applicant must possess special skills, knowledge, or experience that is not readily available in the local job market.
– The sponsoring employer must demonstrate that they have made genuine efforts to recruit local talent.
– The applicant must meet the academic qualifications or relevant experience required for the job.
– The employment contract should offer a salary package that is in line with the prevailing market standards.
– The applicant should have a clean criminal record and good health.
– The sponsoring employer must provide supporting documents, such as business registration, financial statements, and proof of the need to hire a foreign employee.

2. Business Investment (Entrepreneur) Visa

– This visa is for individuals who wish to establish or join a business in Hong Kong.
– The applicant must have a substantial investment in the business and possess the skills, knowledge, or experience necessary to contribute to the economy.
– The business should be viable and have the potential to create job opportunities for the local workforce.
– The applicant should provide a detailed business plan, financial projections, and evidence of available funds.
– The Immigration Department will assess the applicant’s business background, financial resources, and the economic benefit the business will bring to Hong Kong.

3. Quality Migrant Admission Scheme (QMAS)

– This scheme is for highly skilled or talented individuals who wish to settle in Hong Kong.
– The applicant must meet the prerequisites, including age, academic qualifications, work experience, language proficiency, and family background.
– Points are awarded based on a scoring system, and applicants with the highest scores are invited to apply.
– The applicant should have a confirmed offer of employment or possess exceptional skills, achievements, or talents.
– The applicant must demonstrate that they can contribute significantly to Hong Kong’s economy or enhance its competitiveness.

4. Top Talent Pass (TTPS)

This visa is the new kid on the block with more than 110,000 applications in the first 8 months of its existence.

Eligibility Criteria

– Category A: Individuals must have an annual income of at least HK$2.5 million (or its equivalent in foreign currency) in the year immediately preceding the application date. This income should come from taxable employment or business income, such as salary, allowances, stock options, and profits from self-owned companies. Personal investment income is not considered.
– Category B: Degree graduates from one of the world’s top 100 universities with at least three years of work experience over the past five years immediately preceding the application date.
– Category C: Degree graduates from one of the world’s top 100 universities in the past five years immediately preceding the application date with less than three years of work experience. However, this category does not apply to non-local students who obtained their undergraduate qualification in a full-time, locally-accredited program in the Hong Kong Special Administrative Region (HKSAR).

Application Process

– Applicants must submit an online application and upload the required supporting documents.
– Category A applicants need to provide documents to prove their income, such as a notice of salary tax assessment, proof of stock options, or financial reports of self-owned companies.
– Category B and C applicants need to provide proof of their academic qualifications from one of the world’s top 100 universities. If they haven’t obtained their graduation certificate, they can provide documentary proof issued by the relevant university or institution confirming their graduation.
– The online application service allows applicants to choose from 17 major currencies to convert their income into Hong Kong dollars if it’s not denominated in HKD or one of the 17 foreign currencies.

Benefits and Conditions

– TTPS-approved individuals are granted an initial stay of 24 months without other conditions of stay.
– They can change jobs without notifying the Immigration Department and do not require a re-entry visa/entry permit if they return within their permitted limit of stay.
– TTPS-approved individuals can bring their spouse, same-sex civil partner, and unmarried dependent children under the age of 18 as dependents, provided they can support them financially and provide suitable accommodation.
– Dependents admitted under the TTPS can take up employment or study in Hong Kong.
– When applying for an extension of stay, applicants must have secured an offer of employment or proof of business. Extensions are granted on a 3-3-year pattern.
– Unemployed applicants may be refused further extension.

Transparency and Fairness

– The TTPS aims to address concerns about transparency and fairness in the selection process by providing clear eligibility criteria and requirements.
– The eligibility criterion for job level is assessed on a case-by-case basis, considering whether it is commonly taken up by degree holders.
– The list of the world’s top 100 universities is compiled by the Labour and Welfare Bureau based on four designated world university rankings in the past 5 years.

Attracting Professionals

– The TTPS plays a crucial role in attracting professionals from diverse backgrounds to Hong Kong.
– It enhances Hong Kong’s overall business environment by bringing in top talent with valuable skills and expertise.
– However, it’s important to consider other factors in attracting skilled professionals to Hong Kong, and the TTPS can be compared to alternative immigration policies or schemes.

5. Dependant Visa

– This visa is for the dependants of individuals who hold a valid employment, investment, TTPS or QMAS visa in Hong Kong.
– The dependant can be a spouse, unmarried dependent child under the age of 18, or a dependent parent aged 60 or above.
– The sponsor must demonstrate that they can support the dependant financially and provide suitable accommodation.
– The defendant should have a clean criminal record and good health.

It is important to note that the visa application process across all visas can be complex, and each case is assessed on its own merits. It is advisable to seek professional advice and guidance to ensure a smooth and successful application.

PODCAST VERSION

Listen to the audio version of the content discussing Hong Kong visa requirements above.

Hong Kong Corporate Visa Requirements?

Learn More: Hong Kong Visa Sherpa

 

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Work Visa Hong Kong | How To Apply For Free Without Any Professional Help | Updated August 2023

Posted by The Visa Geeza / in Employment Visas, Musing / 3 responses

Work Visa Hong Kong – 100% For Free

All about Hong Kong employment visas issued under the General Employment Policy – updated as of August 2023

Work Visa Hong Kong Oldie But Goodie

Work visa Hong Kong presentation. On November 28, 2014, I was invited by the good folks at the General Assembly in Hong Kong to discuss the opportunities for their graduates to go about making an application for a work visa in Hong Kong without paying for any professional help.

In this segment, I set up the material that will follow on from this overview Introduction.

Work Visa Hong Kong Policy Updated 2023

Whilst this talk was given 9 years ago, this post has been updated in August 2023 to bring it to bang up to date with policy adjustments since then included (not that many changes over time) and I plan to reshoot the entire portfolio of the Essential Guides videos over the coming 6 months in any event, now that Hong Kong has it’s mojo back post-Covid and the co-workspaces are increasingly seeking to host such talk for their members.

The Complete Series Of Work Visa Hong Kong Videos

1-Work Visa Hong Kong – For Free – Intro – This Video

This video sets up the scene for how to go about applying for a Hong Kong work visa without paying for any professional help and breaks it down into 9 bite-sized chunks of know-how to consider when making an application for an employment visa under the General Employment Policy.

2-Work Visa Hong Kong – Need For A Job Offer

In this video, I set out how the employment visa itself requires a job offer from a well-established company in Hong Kong that will also sponsor your visa. Certain visa types do not require a job offer (IANG Fresh Graduates, Top Talent Pass & QMAS do not)

3-Work Visa Hong Kong – The Test For Approval

The test for approval is as follows. The applicant must be a professional who possesses special skills, knowledge or experience of value to and not readily available in Hong Kong. Unless the job pays HKD2 million or more annually or otherwise entails a skill on the Talent List, then genuine efforts to recruit locally need to have been undertaken before extending the job offer to the foreign national visa applicant. The compensation must also be broadly commensurate with market rates paid to similar professionals in Hong Kong.

4-Work Visa Hong Kong – Are You a Professional?

Well, are you? Check here.

5-Work Visa Hong Kong – 3 Types of Applicant

1. Intra-company transferees: These cases are usually administrative, with minimal need for substantive argument. However, it is crucial to clearly outline how you meet the approvability test requirements, as this can speed up the approval process.

2. Locally recruited expats: If you have resided in Hong Kong for more than a few years and are changing jobs within the same industry to a different employer, the process is mainly administrative. However, if you have only a modest period of prior residence under an employment visa and have only recently had an employment visa approved, or if you are a visitor seeking to change your status to take up an offer of employment in Hong Kong, the case must be thoroughly argued.

3. Non-local expats specifically recruited from overseas: These cases require meticulous preparation and presentation. You must demonstrate how your skills, knowledge, and experience will benefit Hong Kong, especially if the hiring company is newly established or not particularly sizable. The more senior the role, the easier it is to anticipate approval

6-Work Visa Hong Kong – Accompanying Family

Legal spouses and unmarried children under the age of 18 qualify for dependant visas.

7-Work Visa Hong Kong – Why Cases Get Denied

There are several reasons why employment visa applications in Hong Kong may be denied. It is important to be aware of these reasons to avoid potential pitfalls and ensure a successful application. Some common reasons for employment visa application denial include:

1. Breach of visa conditions: If an applicant has breached the conditions of their previous visa, such as working for more than the permitted time with the employer, it can lead to a denial of their employment visa application.

2. Insufficient documentation: Providing incomplete or inaccurate documentation can result in a visa application being denied. It is crucial to ensure that all required documents are submitted accurately and promptly.

3. Lack of eligibility: To be eligible for an employment visa, applicants must meet certain criteria, such as having a good educational background, possessing special skills or knowledge that are valued in Hong Kong, and having a clean background and good character. If an applicant does not meet these eligibility requirements, their visa application may be denied.

4. Inadequate case argument: When submitting an employment visa application, it is important to articulate a strong case argument that addresses key points such as educational background, genuine job vacancy, relevance of the job, need for expatriate staff, and a suitable remuneration package. Failing to provide a compelling case argument can result in a visa application being denied.

5. Lack of a suitable employment visa sponsor: The employing enterprise must be deemed a suitable and credible employment visa sponsor by the Immigration Department. If the company is not well established, does not have a properly set up office, or does not already employ Hong Kong locals, it can lead to a denial of the visa application.

It is important to note that each visa application is assessed on a case-by-case basis, and the reasons for denial may vary depending on the specific circumstances of the applicant.

8-Work Visa Hong Kong  – Trying Again

Applying for a Reconsideration in the event of a Refusal.

9-Work Visa Hong Kong – Using the Must-Have Resources

Found below but also linked it here.

Work Visa Hong Kong 2023 Updated

Case Argument

When articulating your case argument, it is important to address several key points:

1. Educational background: Highlight your qualifications and how they are relevant to the job.
2. Genuine job vacancy: Demonstrate that there is a genuine job vacancy and that the employer has confirmed the offer of employment.
3. Relevance of the job: Explain how the job is relevant to your qualifications or working experience.
4. Need for expatriate staff: Show that the job cannot be readily taken up by the local workforce and that your unique skills are necessary.
5. Remuneration package: Ensure that the remuneration package is broadly commensurate with the prevailing market level for Professionals in Hong Kong.

Documentation

Various documents are required for both the employer and employee in an employment visa application. These include:

Application forms ID990A (applicant/employee) and ID990B (employer/sponsor).
Marriage certificate (if applicable).
Birth certificate (for children).
Recent photographs (for all family members).
Copy of passport details page (for all family members).
Copy of up-to-date CV (applicant/employee).
Photocopy of all graduation certificates
Proof of academic qualifications (applicant/employee).
Copies of prior employment references and testimonials (applicant/employee).
Copy of the Letter of Engagement or Contract of Employment detailing information about the post, emolument, and term.
Various company-related documents for the employer.

Processing Time

Generally, it takes between four and six weeks for an employment visa application to be finalized by the Immigration Department. However, processing time can be longer in more complex cases.

Provisions for Dependents

If you successfully obtain an employment visa, you can bring your legal spouse and any children under the age of 18 as dependents. Visas for dependents will be issued at the same time as the employment visa, as long as the marriage or civil partnership is certified and the children are the biological or adopted offspring of at least one of the parents. Dependent visa holders are permitted to work, establish or join a business, or study without requiring further permissions from the Immigration Department.

Submission Process

The application can be submitted to the Immigration Department HQ either online or in person at the Receipt & Dispatch Unit or via the Entry Employment Visa section if you are already a Hong Kong resident and seeking to change your visa category or work visa Hong Kong sponsorship.

Approval Formalities

Once the application is approved, the Immigration Department will send a notice of the positive outcome and invite you to complete the approval formalities, which will differ depending on how the application was submitted.

Additional Considerations

It is rare for a case, unless it is an intra-company transferee type, to be approved without some dialogue with the Immigration Department.

They may raise questions and request further information, which should be submitted within 14 days.

Ensure that the Approvability Test is thoroughly addressed in the materials submitted in response to these requests.

High-quality scanned marriage and birth certificates need to be in English or Chinese or otherwise provided as official certified translations.

Stepchildren qualify for visas, but the consent of the second biological parent might be required in writing as part of the visa approval process.

For more detailed information and specific application forms, you can refer to the Hong Kong Visa Handbook, which provides comprehensive guidance on employment visas in Hong Kong.

Work Visa Hong Kong Animation Video

Work Visa Hong Kong Process Infographic

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Application For Employing Professionals In Hong Kong | Declaration As To Local Recruitment Efforts

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

Application For Employing Professionals In Hong Kong – How About The ‘Hire-Locals-First’ Policy?

(Original Change Due To Audit Commission Report)

Learn About The Need To Source Talent Locally …

As a result of the Audit Commission Report Number 66 when making an application for employing professionals in Hong Kong ImmD were forced to change one critical aspect of their processes regarding certain types of Hong Kong employment visas.

Declaration On Recruitment Efforts Mandatory

ImmD sponsorship form ID990B requires the employing company’s declaration to speak to local recruitment efforts when making an application for employing professionals in Hong Kong.

Visas Affected

This effectively means the ID990B needs to be filled and executed when making an application for employing professionals in Hong Kong under the following visa types:

1. GEP – Employment (Professional) Entry
2. ASMTP – Employment (Professional) Entry
3. ASMTP & GEP – Change of Sponsorship

Not Required For IANG Applications

The Declaration is not required for all IANG applications.

Therefore, when making an application for employing professionals in Hong Kong,  you will need to provide proof of local recruitment efforts:

Briefly describe the steps the company has taken to locate the candidates such as the number of job ads placed and the duration they were placed, the number of applications reviewed, the number of official interviews conducted, and the number of candidates shortlisted etc. Provide proof such as a copy of the job ad placed, resumes of the candidates interviewed with the personal details blocked or email responses from the candidates etc. If no local recruitment efforts have been made, you will need to provide a written explanation as to why not.

Not Applicable To Talent List & High Earners

With effect from 28 December 2022, employers are not required to provide proof of a local recruitment exercise if the post offered falls under the 13 professions where there is a shortage of local workers as listed in the Talent List or the vacancy commands an annual salary of HK$2 million or more.

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General Employment Policy vs Admission Scheme For Mainland Talents & Professionals (GEP vs ASMTP)

Posted by The Visa Geeza / in Employment Visas, Musing, Special Programmes / 12 responses

How Does The Admission Scheme For Mainland Talents and Professionals (ASMTP) Differ From GEP?

Over 10 years ago, on June 6th, 2013 I was interviewed by five law students from the Chinese University of Hong Kong about my experiences practicing immigration here over the last 20 years. More than 10 years on, in 2023 as I update this post, very little has changed …

Along with the ASMTP visa, we covered a great deal of other ground in the 90 minutes we spent together. The students were: Dickens Roy Ken Lam, Sunny Wong, Toby Yip, Margaret Wo and the lady who asked most of the questions and organised the session on behalf of the group, Jacqueline Cheng.

In this segment, the question posed was:

In real terms what is the difference between the General Employment Policy (GEP) and the Admission Scheme For Mainland Talents & Professionals (ASMTP)?

How To Qualify For An ASMTP Visa?

To obtain an ASMTP (Admission of Mainland Talents & Professionals Scheme) visa in Hong Kong, applicants must meet specific criteria and provide the necessary qualifications and documents. Here is a detailed explanation of the process and requirements:

ASMTP Eligibility Criteria

1. Applicants must be Chinese national professionals and talents as defined by the ASMTP scheme of the Hong Kong Immigration Department.
2. They should have a good educational background, typically a bachelor’s degree, and at least two years of post-graduation work experience in a managerial or supervisory role.
3. In certain cases, the Immigration Department may accept good technical qualifications, fully documented and proven professional abilities, and extensive relevant work experience instead of a formal university education.
4. The applicant must possess special skills, knowledge, or experience that are valued in Hong Kong and not readily available within the local workforce.
5. They should be of good character.
6. The compensation package for the job, including income, accommodation, medical, and other fringe benefits, must be broadly commensurate with market rates.
7. The employing enterprise must be deemed a suitable and credible ASMTP visa sponsor by the Immigration Department.

ASMTP Qualifications and Documents

Application forms ID990A (applicant/employee) and ID990B (employer/sponsor) are required. Other documents include marriage certificate, birth certificate for children, recent passport photographs for all family members, copy of Exit-Entry Permit for all family members, copy of up-to-date CV for the applicant/employee, photocopy of all graduation certificates/proof of academic qualifications, copies of prior employment references and testimonials, copy letter of endorsement from the applicant’s present working unit on the mainland, copy letter of engagement or contract of employment, copy of business registration certificate, copy of latest audited financial report and/or management accounts, copy of the most recent annual return filed with the Registrar of Companies, detailed letter introducing the company, its business and list of staff, company brochure, sales publications, press articles, and any similar promotional materials, general proofs of business such as trading documentation, shipping documents, invoices, contracts, agency and distribution agreements, office tenancy agreement copy, and more. High-quality scanned marriage and birth certificates need to be in English or Chinese or provided as official certified translations.

ASMTP Forms Are ID990A and ID990B

Form ID990A is for the applicant/employee, while form ID990B is for the employer/sponsor. These forms gather essential information about the applicant’s personal details, educational background, work experience, and the employer’s information.

ASMTP Approvability Test

1. The Approvability Test is a crucial part of the ASMTP visa application process.
2. It involves demonstrating that the applicant possesses special skills, knowledge, or experience of value to Hong Kong and that their employer can justify engaging the services of an expatriate Chinese staff member.
3. Applications generally fall into three categories: Chinese intra-company transferees, locally recruited Chinese expats, or Chinese talents specifically recruited from China for the role. Each category requires a different approach in presenting the case for an ASMTP visa approval:

(a) Intra-company transferee cases are usually administrative, with minimal need for substantive argument. 

(b) Locally recruited Chinese national talent or professional cases are mainly administrative if the applicant has resided in Hong Kong for more than a few years and is changing jobs within the same industry. Otherwise, a thorough argument is required. 

(c) Non-local Chinese national talents and professionals specifically recruited from China require meticulous preparation and presentation, especially if the hiring company is newly established or not particularly sizable.

Developing A Strong ASMTP Case Argument

1. To maximize the chances of approval, a strong case argument must be developed.
2. The argument should consider the applicant’s circumstances, the context of the job offer, and the specific needs of the proposed employer’s business.
3. The applicant’s unique skills must be interwoven throughout the argument.
4. Key factors to consider include the applicant’s educational background, the genuine job vacancy, the confirmed offer of employment, and the relevance of the job to their qualifications or working experience.
5. It is crucial to demonstrate that the job cannot be readily taken up by the local workforce and that the remuneration package is broadly commensurate with the prevailing market level for professionals in Hong Kong.

ASMTP Visa Submission and Consideration Process

1. The application can be submitted to the Immigration Department HQ either online or in person at the Receipt & Dispatch Unit or via the Quality Migrants and Mainland Residents Section if the applicant is already a Hong Kong resident and seeking to change their current ASMTP visa employer and sponsorship.
2. The processing time for an ASMTP visa application is usually between four and six weeks, but it can be longer in more complex cases.
3. It is rare for a case, unless it is an intra-company transferee type, to be approved without some dialogue with the Immigration Department.
4. The department may raise questions and request further information, which should be submitted within 14 days.
5. The Approvability Test should be thoroughly addressed in the materials submitted in response to these requests.
6. Once the application is approved, the Immigration Department will send a notice of the positive outcome and invite the applicant to complete the approval formalities.

Exit-Entry Permit Approval Formalities

Upon approval, all family members will need to have their Exit-Entry Permits endorsed for residence by the Public Security Bureau in their hometown in China.

Dependent Visas Under ASMTP

1. Dependent visas for qualifying accompanying family members under ASMTP are issued as a matter of course.
2. Marriage or civil partnership must be certified, and the children must be the biological or adopted offspring of at least one of the parents.
3. Dependent visa holders are permitted to work, establish or join a business, or study without requiring further permissions from the Immigration Department.

ASMTP Checklists & Videos

Hong Kong Visa Sherpa – ASMTP Application

Hong Kong Visa Sherpa – Checklist for ASMTP Application 

 Hong Kong Visa Sherpa – ASMTP Application with Family

Hong Kong Visa Sherpa – Checklist for ASMTP Application with Family

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How To Apply For A Hong Kong Identity Card | Updated November 2023 | Waiting Times Still Long

Posted by The Visa Geeza / in Employment Visas, Family Visas, Feature Article, Investment Visas, Musing, Special Programmes / No responses

How To Apply For A Hong Kong Identity Card

Average Time To A Booking c 45 Days

ImmD publish a useful series of video on their YouTube channel. The 2 videos that follow teach you how to go about applying for a Hong Kong Identity card. These links have now been updated as of November 2023.

The post today is topical as the Territory-Wide Smart ID Card Replacement Exercise came to an end earlier this month and it has been a nightmare for Residents to get timely appointments for new ID cards ever since. No walk-in appointment is allowed either.

No doubt this will get better soon but waiting times of more than one month are routine with all online booking slots taken up as soon as they become available.

How To Apply For A Hong Kong Identity Card

Features Of The Smart Identity Card

 

However, ImmD are doing their best:

The Immigration Department (ImmD) announced today (October 30) that a newly established Registration of Persons (ROP) – Kwun Tong (Temporary) Office will commence operation on November 1 to cope with the increasing service demand for identity card registration

 

GET STARTED ONLINE HERE

 
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Hong Kong | Enhanced Supplementary Labour Scheme | Synposis | November 2023

Posted by The Visa Geeza / in Musing, Special Programmes, VG Front Page / 3 responses

This short essay sets out the essential elements of the Supplementary Labour Scheme of Hong Kong as of March 2014

The Hong Kong Visa Handbook | Now Available in Good Book Stores Everywhere | Just Kidding

Posted by The Visa Geeza / in Employment Visas, Family Visas, Investment Visas, Long Stay & PR, Musing, Refusals & Appeals, Special Programmes, Visitor Visas / 6 responses

HONG KONG VISA HANDBOOK

This Has Done The Rounds Before …

Where to access the Hong Kong Visa Handbook? I am grateful to my sister ‘Detty’ Ellis for sending this picture to me which, I have since discovered, was taken in the early 90’s on Ma Tau Wei Road in To Kwa Wan. No doubt this fine book purveyor would be stocking every last word on the Hong Kong visa process and how to go about getting a Hong Kong immigration application approved.

However, if you are unable to get to Wong Fook in person, you can find the Hong Kong Visa Handbook here instead!

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