How Is The Hong Kong Entrepreneur Visa Process Actually Experienced By The Typical Foreign National Visa Applicant?

Posted by The Visa Geeza / in 60 Second Snapshot, Investment Visas / 17 responses

The Hong Kong Entrepreneur Visa Process

Undertaking the Hong Kong Entrepreneur Visa process is one of the hardest single challenges when dealing with the Hong Kong Immigration Department.

The Hong Kong Entrepreneur Visa Process – Approvability Test

The approvability test of substantial contribution to the economy of Hong Kong is somewhat nebulous and the immigration Department’s website is not especially forthcoming as to what they are actually looking for in their requests for information and documentation.

It can all appear to be a bit of a black box when all is said and done.

However, the application process itself is fairly predictable so I thought there would be value for me to set out the type of experience you can expect as your investment visa application unfolds.

The Hong Kong Entrepreneur Visa Process – The Experience To Anticipate

Filing the Application:

• Once you have filed your application, you can expect to receive an official receipt with your file reference number within about 10 days of your first submission.

Receiving the First Request:

• Then you will wait for up to 3 to 4 weeks, typically, until ImmD comes back to you, usually by fax, but sometimes by email, with their first request for further and better particulars.
• This request often contains a ‘laundry list’ of requirements that the Immigration Department need to have material and information on so that they can give due and full effect to your application – and they typically give you 3 weeks in which to comply.

Requesting an Extension:

• If you need more than these 3 weeks, you can fax the Officer tasked with your file on the fax number included on their first request letter, and they are usually amenable to allowing up to a further 4 weeks to submit the documents and information they are seeking.

Responding to the Request:

• Once you have complied with their first request for further and better particulars you may or may not receive a second request, usually within the next 2-3 weeks.

If no further request is received in that time, you can assume that the Hong Kong Immigration Department have gone into the ‘4 weeks zone’, meaning that the four weeks they cite as being needed to give full consideration to your application, has now commenced and at some time during the course of the next month you can expect to receive the application outcome.

The Hong Kong Entrepreneur Visa Process – Once Approved

If you’re approved, arrangements have to be made to pay for the QR code approval letter prior to subsequent activation upon arrival.

If you’re denied, then you’re back to square one and you need to reconsider your plans for your new business in Hong Kong.

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Swapping From A Dependant Visa To An Employment Visa In Hong Kong | A Detailed Guide

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

 Are You A Foreign National In Hong Kong On A Dependant Visa And Considering A Change In Your Immigration Status?

This guide will walk you through the process of swapping from a dependant visa to an employment visa in Hong Kong. We’ll cover the eligibility criteria, documentary requirements, and the process of changing your visa status.

Will A Criminal Record For Shoplifting Compromise My Immediate And Long Term Plans For Residence In Hong Kong?

Posted by The Visa Geeza / in Employment Visas, Long Stay & PR, Your Question Answered / 7 responses

Criminal Record For Shoplifting – Declaration Now Needed

– Updated  October 18, 2023 –

In recent weeks, the government declared that various immigration programmes in Hong Kong would be modified, requiring applicants to declare their criminal record status before obtaining an entry visa (and not just those for employment).

Starting  June 19 2023, all applicants for these programs will now have to disclose any criminal convictions during their application. This rounded up the arrangements that came into force in February for just some of the visa types.

This change follows the controversy surrounding He Jiakui, a Chinese scientist who was granted a visa under the Top Talent Pass Scheme despite his previous criminal record.

Criminal Record For Shoplifting – Spent Convictions?

Of course, the million-dollar question right now is will the existence of a prior criminal conviction automatically disqualify an applicant? If not, what is the threshold? Will ‘spent’ convictions need to be disclosed?

The indiscretions of youth can come back and haunt you in later years and in this question, a criminal record for shoplifting quite some time ago is on the mind of an intending foreign national resident of Hong Kong …

QUESTION

I am very keen in settling down in Hong Kong in the long-term future. And I hope to start off by studying as a student in Hong Kong, then applying for work under the ‘Immigration Arrangement for Non-local Graduates‘ (IANG scheme).

However, I have a problem. I have a conviction for shoplifting, committed around 6 years ago. So I need to ask?

Will a Criminal Record for Shoplifting Compromise My Immediate and Long Term Plans for Residence in Hong Kong?

I hope to find out from you, if that would be a bar to obtaining a work visa under the ‘IANG’ scheme?

Even if I am allowed to come to HK under a study visa, I am concerned that the Hong Kong Immigration Dept would conduct a background check on me from my home country – will they do that? (My criminal conviction back home has since been rendered spent as I have not committed any more offences).

And will they request a Police Clearance Certificate from my home country for a work visa, like they require of applicants under the ‘Quality Migrant Admission Scheme‘?

 Lastly, I hope to be able to gain the right of abode after being in residence in Hong Kong for 7 years. At that point of applying for ‘right of abode’, do I have to disclose this past conviction – because I noticed that the application form for ‘right of abode’ does not question about past convictions?

And when applying for the ‘right of abode’, do I have to produce a certificate of police clearance from my home country too?

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Navigating Hong Kong Immigration Permits for Chinese Nationals: A Comprehensive Guide

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

One-Way Permit: For Permanent Settlement

One-Way Permits are issued to those Chinese nationals coming to Hong Kong for permanent settlement. These permits are a result of prolonged participation in a long-standing initiative subject to annual quotas. The wait for permit issuance can often span several years.

Exit-Entry Permit: For Short-Term Visits

Also known as the Two-Way Permit, the Exit-Entry Permit is issued by the Public Security Bureau to Chinese nationals wishing to visit Hong Kong in their private capacity. This can be for business, employment or related training, sightseeing, or visiting relatives. Since May 2023, these permits can be issued anywhere in China, not just in the location where the family household registration is kept.

The Exit-Entry Permit comes with various endorsements:

• Business Visit endorsement is usually issued for stays no longer than 7 days but can be granted on a single, double, or multiple entry basis.
• Stay D endorsement is usually issued for long-term employment or short-term training. The duration of stay is subject to the approved visa period from the Immigration Department in HKSAR with multiple entry basic.
• Sightseeing endorsement is usually issued to those Chinese nationals visiting Hong Kong for sightseeing. This endorsement empowers visits to Hong Kong via group tours operated by authorised travel enterprises or individual travel. The normal stay allowed in Hong Kong is between 3 and 7 days.
• Visiting Relative endorsement is usually issued for visiting direct family members. It’s single entry with a maximum 14 days duration of stay if visiting brother/sister, grandmother/grandfather or grandchild and multiple entry with a maximum 90 days duration of stay if visiting spouse, parent/parent-in-law or child/child’s spouse.

In Transit: For Chinese Passport Holders

Chinese passport holders in transit through Hong Kong en route to/from another country are granted a stay in Hong Kong of 7 days without the need to secure special entry permits prior to arrival. These ‘transit-entry’ permissions are granted by the Hong Kong Immigration Department on the basis that the Chinese national traveller is able to meet all the usual entry requirements such as confirmed onward bookings to the next or final destination.

PRC Nationals Resident Outside of China

PRC nationals resident outside of China are allowed to enter the HKSAR under multiple-journey visit entry permits valid for 24 months and good for a stay of 14 days upon each arrival. These have to be secured from the Chinese Consular or Diplomatic Mission in the country/territory where they are resident. The applicants must be permanent residents or have been ordinarily resident for not less than one year in the country/territory where their application is made, have no previous adverse record in Hong Kong, be able to demonstrate factors suggesting ‘return-ability’ to, and have a steady employment or place on a course of study in, their country/territory of current overseas residence.

PRC Talents Seeking To Work In Hong Kong

Hong Kong offers Chinese nationals various employment visa options under the Admission of Mainland Talents & Professionals Scheme (ASMTP). Successful applicants can bring their legal spouse and children under 18 as dependents. Eligibility for an ASMTP visa requires 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. Alternatively, good technical qualifications, proven professional abilities, and extensive relevant work experience may be accepted.

The applicant must possess special skills, knowledge, or experience valued in Hong Kong and not readily available locally. They should be of good character, and the compensation package for the job must be broadly commensurate with market rates. The employing enterprise must be a suitable and credible ASMTP visa sponsor, well established, with a properly set up office, and already employing Hong Kong locals.

Various documents are required for both the employer and employee in an ASMTP visa application. If the annual salary for the offered position is HK$2 million or above, or if the work nature is included in the Talent List published by the Hong Kong Immigration Department, the employer is not required to provide proof of difficulties in local recruitment before making the application.

The applicant must not be physically present in Hong Kong on the day the ASMTP application is formally submitted at the Immigration Department and if in Hong Kong subsequently as a visitor under no circumstances should the applicant begin their ASMTP duties until the visa application is approved.

Visas for dependents will be issued at the same time as the ASMTP 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.

To ensure a successful application, the applicant must satisfy the Approvability Test. This involves demonstrating that they possess 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.

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.

Consequently, obtaining an ASMTP visa in Hong Kong requires meeting specific criteria and presenting a strong case argument that demonstrates the applicant’s value and the need for their unique skills in Hong Kong. By carefully considering the applicant’s individual circumstances, the job offer context, and the proposed employer’s business needs, the applicant can maximize their chances of a successful application. Dependant visas for qualifying accompanying family members are issued as a matter of course. Please note upon approval all family members will need to have their Exit-Entry (HKSAR) Permits endorsed for residence by the Public Security Bureau in China.

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How to Gee Up A Hong Kong Visa Application That Is Taking A Long Time To Process

Posted by The Visa Geeza / in Family Visas, Your Question Answered / 6 responses

Hong Kong Visa Application That Is Taking A Long Time To Process – What Can You Realistically Do?

Updated July 2023

How to gee up a Hong Kong visa application that is taking a long time to process? Whilst this question (along with the answer provided) discusses a dependant visa application, it does set the scene nicely for me to share with you how to go about prompting a response from the Immigration Department in an effort to keep your Hong Kong visa or other immigration application moving along swiftly.

Hong Kong Visa Application That is Taking a Long Time to Process – The Answer You Need Follows Below …

QUESTION

“My husband and I submitted my application for a HK dependant visa back in August and received a confirmation of acceptance on the 25th of August.

We expected it to be processed within 3-4 weeks due to the straightforward nature of our case (in our mind) or within 6 weeks at the most, as per your website’s timelines. However, the status of the application is still “in progress”.

A little bit about our situation. My husband is a Canadian national working for a law firm in HK; he moved out there in January 2011 (before we were married; we met in July 2010) and works there on an employment visa, has his HK ID card etc.

I am a Ukrainian national residing and working in Canada. I recently received my PR in Canada and previously had a number of student, post-study work and high-value migrant type of visas.

My husband and I never shared a property in Canada (so we have no bills evidencing our prior cohabitation) and I have only been out to see him in HK once since he left. However, he comes and visits me for a week every two months in Vancouver.

We are in a loving committed relationship so we decided to get married in Canada in order for me to be able to come and live with him in HK, on a dependant’s visa.

We married on the 4th of July of this year and when he went back to HK and collected all the necessary documents (such as the rental agreement for the flat where he lives, an employer’s letter etc.)

He submitted the application (along with the necessary supporting documents posted from Canada including my part of the application form) in the second week of August.

Could you please advise what should be our next step in order to speed up the application process?”

The Process to Follow as Discussed in the PodCast Answer

1 – Call ImmD General Enquiry Hotline 2824 6111
2 – Follow the prompts to make an enquiry to speak to an officer.
3 – Quote your file reference number provided on your Official Receipt.
4 – They will then take your name and Hong Kong telephone number and connect with the Officer in charge of your case.
5 – Expect a call back from your case Officer (if you are in Hong Kong) within 48 hours.

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Work in Hong Kong for 5 Years – Leave for 2 – Then Return – Will I Lose My Continuous Residence for PR Purposes?

Posted by The Visa Geeza / in Employment Visas, Long Stay & PR, Your Question Answered / 3 responses

Will I Lose My Continuous Residence for PR Purposes?

Updated October 2023

Will I Lose My Continuous Residence for PR Purposes If I Leave To Work Elsewhere Then Return To Hong Kong?

It happens a lot. You stay and work in Hong Kong for 3, 4, 5 years and get over the hump en route to the magic 7 years needed for a Permanent Identity Card. Then you find yourself having to spend time away from Hong Kong to further your career, education or due to special circumstances. The issue is, however, will all this time spent in Hong Kong be lost and will you have to reset the clock once more when you eventually return after your temporary sojourn abroad?

QUESTION

“I will be leaving Hong Kong to study in Australia for the next two years. I have lived in HK for the last 5 years and would like to return after I have completed my studies.

Will I Lose My Continuous Residence for PR Purposes?

To this end, I am wondering if it is possible to maintain my residency in Hong Kong if I returned every 4 months.  I have a work visa here that is valid until next September but will be leaving for school in July. I am hoping to get my Permanent Residency here and would like to have the five years that I have lived here count towards that instead of having to start all over when I return.

Is this possible or will I lose my continuous residence for PR purposes in these circumstances?  

Thanks.”

Will I Lose My Continuous Residence for PR Purposes? Here Is The  Ordinary Residence Test For Approval

You need to have been continuously and ordinarily resident in Hong Kong for a period of not less than seven years where any 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 you need to have been in Hong Kong for a settled purpose. Your settled purpose is a function of the visa type that you hold.

“Will I Lose My Continuous Residence for PR Purposes” – Podcast Answer Below

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The Ultimate Guide to the Admission Scheme for Mainland Talents and Professionals: Key Requirements and Documentation Tips

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

Guide to the Admission Scheme for Mainland Talents and Professionals – All You Need To Know

Admission Scheme for Mainland Talents and Professionals: Documentation Essentials

When applying for an employment visa under the Admission Scheme for Mainland Talents and Professionals, it’s crucial to submit the necessary documentation to support your application. In this guide, we’ll cover the required documents, how to optimize your application, and tips for a successful submission.

Required Documents for Application

To apply for the Admission Scheme for Mainland Talents and Professionals, you must submit the following case-crucial documents:

1. Graduation certificates
2. Proof of other academic qualifications
3. Testimonials and references from previous employment

These documents will help validate the claims made in your CV and substantiate the special skills, knowledge, and experience needed for the overall approvability test.

Evaluating the Sponsoring Employer and Applicant

The Immigration Department will assess both the sponsoring employer’s merits and activities and the applicant’s special skills, knowledge, and experience, as well as how they will be applied to the job in question. To support your application, provide extensive and detailed information on the business, including its website, to establish its bona fides as a suitable and credible sponsor.

The Immigration Department will, you see, evaluate carefully both the sponsor and the applicant. If the applicant is replacing a previous employee, make a like-to-like argument, highlighting the role’s changes since the previous appointment and how the new candidate fits the position perfectly. Include additional documentary evidence to support these contentions.

The Cover Letter: A Key Document

When submitting your application, a cover letter addressed to the Director of Immigration is essential. This letter should outline how your case satisfies the provability test in its entirety. For guidance on structuring this letter, refer to the list of application templates provided.

Conclusion: The Importance of Attention to Detail

Applying for an employment visa under the Admission Scheme for Mainland Talents and Professionals requires careful attention to detail and a thorough understanding of the documentation needed to support your application. By providing clear and detailed information on both the sponsoring employer and the applicant, you can increase your chances of a successful outcome.

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Am I eligible for an extension to my Hong Kong Dependant visa if my PHKID holding spouse doesn’t actually live here right now?

How flexible is the Admission of Mainland Talents & Professionals Scheme in enabling Chinese nationals to come and work in Hong Kong?

What can be said to constitute ‘Ordinary Residence’ for the purposes of a Hong Kong Right of Abode application?

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