Hong Kong Visas Made Easy

27

Feb 2024

The Twists And Turns Of An Unusual Hong Kong Permanent Residency Application

Posted by / in Case Study, Investment Visas, Long Stay & PR / 10 responses

Although this case study is based on a situation I was asked to provide guidance to many years ago, its content is still relevant today.

 Hong Kong Permanent Residency

Our client was a French national with a wife and 5 year old daughter – all of them, French citizens.

He had first arrived in Hong Kong in 2004 as a student to undertake an MBA programme at the University of Hong Kong.

Upon graduation in 2006, he joined a European investment bank where he worked continuously until 2010 when he was made redundant as part of the banking challenges associated with the GFC.

At the time he instructed us, he had an employment visa sponsored by his ex-employing investment bank with a 2 year period of stay endorsed inside his passport, taking him up just short of the complete 7 year time frame for the purposes of an application for the Right of Abode.

In 2010, with the chances of him gaining further employment in the investment banking game unlikely in the near term, our client decided to start a French wine importing business – but did not apply for an adjustment in his immigration status to allow him to be able to do this. He really needed an investment visa but had never bothered to get one.

As the period of stay availed by the investment bank expired 6 weeks before he would have been continuously resident for the 7 years needed for a Right of Abode application, he decided that he would take him family out of Hong Kong at the time his employment visa expired and bring them all back in as visitors, gaining a 90 day period of stay when they entered, waited six weeks, then submitted an application for the Right of Abode.

This was in 2011, 2 weeks before he asked for our help.

At the time of his application, he didn’t realise that you can’t apply for the Right of Abode if you have a visitor visa.

You need to be ‘resident’ at the time you apply. Instead he and his family were ‘visiting’.

The Hong Kong Immigration Department knocked back his application for permanent residency on this ground and so he found his way to us.

The key issues in this application were:

1 – the fact of his visitor visa status at the time he applied for the Right of Abode.

2 – the 11 months he had been working his French wine import business, unapproved by the Hong Kong Immigration authorities.

3 – as a prior student from HKU he could take advantage as a ‘returning graduate‘ and be afforded ‘positive consideration’ for any application that he might make in order to take up a new job in Hong Kong (for which he’d need an offer of employment from a suitably qualified sponsor).

Coincidentally, just after our client approached us for advice, an ex-colleague of his from the investment bank where he had worked for four years previously, asked him to come and consult on an energy project in the Philippines.

This ex-colleague had, three years prior, provided consulting services through his own, newly established one-man company and had turned over HKD10 million in consulting fees in the first 18 months. However, the project had come to a temporary halt, as these things often do, as certain government approvals processes played themselves out.

The project has been in a temporary hiatus but had, just recently, been reactivated in light of the Philippines government providing whatever consents had been necessary for it to progress to the next phase.

Consequently, and somewhat out of the blue, our client received an offer of employment from his ex-colleague for him to assist him in the next phase of the energy project.

This was good news on the one hand, but on the other, the employing business was still very much a ‘brass plaque’ consulting concern which had been effectively dormant for the last 18 months.

On the plus side, it had a strong balance sheet and also had a receipt from the Hong Kong Inland Revenue for more than HKD1 million it had paid in profits tax the year before. It also had a formal notification from its sole client that the energy project was now recommencing and thus was manifestly ready to re-engage in providing services once more.

We advised our client that this could be a heaven sent opportunity for us to secure an employment visa for him (with dependent visas for his wife and daughter) relying on the relaxed application consideration criteria which the Hong Kong Immigration Department afford to non local graduates of Hong Kong Universities.

We did, on the other hand, counsel that as the sponsoring employer was pretty much still a shell of an operation, there would be some tussling with the Immigration Department to persuade them of its bona fides as a quality employment visa sponsor.

As expected, we locked horns with the Department about the quality of the sponsor and had several exchanges with them each time providing them with more information, proof of the good prospects for the business and the critical role our client was going to be playing in its operations.

Finally, we suggested to the HKID that they approve our client’s employment visa subject to Business Review at the end of 12 months, a not unusual proposition, but suitable in the circumstances. The Hong Kong Immigration Department agreed and our client and his family’s applications were duly approved subject to this condition.

As the strategy all along had been to provide our client with a residence visa for the purposes of his Right of Abode application, the fact of this Business Review was ultimately unimportant because it would only come into play if our client applied for an extension to his new employment visa 12 months down the road.

In fact, two months after this, their Right of Abode applications were approved and so Business Review was never an issue. The really good news is that this client is now providing consulting services to the energy project AND running his French wine importing business quite lawfully as a permanent resident.

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26

Feb 2024

Losing Hong Kong Unconditional Stay Status Due To Studies Abroad – A Family’s Dilemma

Posted by / in Long Stay & PR, Refusals & Appeals, Your Question Answered / 5 responses

Hong Kong Unconditional Stay Status

One of the more upsetting parts of being a Hong Kong immigration consultant is learning that one family member alone, due to an unfortunate combination of circumstances, finds herself the odd one out by not having been able to correctly manage her visa status here – and all, essentially, through no fault of her own.

QUESTION

“Hi, My mother married a Hong Kong-Chinese national (step father) and sponsored my stay in Hong Kong to study when I was a child. I stayed and grew up in Hong Kong for more than six years and was holding unconditional stay status. My parents opted to send me to Malaysia to finish my secondary school up to tertiary school. I was not able to come back within one year of leaving Hong Kong. Before I reached 18, my mother reapplied me for sponsorship, the immigration delayed the response for my application and when I ultimately reached my 18th birthday, then they informed me I was too old. I came back to Hong Kong four years after my departure and I was forced to be a Visitor.

I have heard some people with the same case as mine (departing Hong Kong for an extended amount of time for studies) and where able to keep their residence status because they were STUDYING when away. I really want to be reunified with my family even though it was more than ten years when I first left Hong Kong. Among my mother, father and two siblings I am the only one not holding a valid I.D. card because of this.

Any thoughts?”

ANSWER

This is a particularly vexing issue for the person who’s lost her unconditional stay status because unfortunately it has meant the de facto segregation of her from the rest of her family members which is a great shame in actual fact, and I really feel for her.

The issue really boils down on to the fact that once you get unconditional stay status, effectively you have to meet the single condition of that stay which is that you have to make a physical entry into Hong Kong on at least one occasion in any given twelve-month period of stay, and if you don’t make that single entry into Hong Kong in those twelve months the status of unconditional stay is relinquished by operation of law, and that’s effectively what has happened to cause this problem in the first place. Moreover, as we can read also, the problem is further compounded by the fact that this lady was approaching her 18th birthday, although it’s not exactly clear how far in advance of her 18th birthday the application was made, but her mother made an application for a dependent visa for her, and it would appear that by the time the dependent visa application was finalised by the Immigration Department, she’d crossed the 18th year and she was no longer eligible for dependent visa. Consequently, the only immigration status that she has available to her is a visitor visa. That must feel terrible each time you come back to Hong Kong and know that all of your family members are complete residents and you are just here as a mere visitor.

As I say, the problem stands from the fact that unconditional stay is a simple, hard and fast rule – one entry every twelve months, as is the dependent visa. Once you get to the age of 18, irrespective of the circumstances that surrounded the actual application itself, you’re no longer eligible for a dependent visa. That’s kind of in a sense, the bad news. I do have a little bit of good news which, I’ll share with you subsequently, but for the moment I’d just like to address the issue about these other circumstances that you’ve heard of where people who have departed Hong Kong for an extended period of time in order to study but have kept their residence status as a result of them studying. I suspect that what you have heard here is a slightly different situation. It would relate to those people, particularly of a younger age, who have had residence visas endorsed in their passports and they’ve then subsequently gone on to make an application for a permanent identity card, and even though they’ve spent a great deal of time outside of Hong Kong whilst they were holding residence visas, the fact that they were studying abroad didn’t actually break their continuity of residence for the purposes of getting approved under the Right of Abode which requires continuous ordinary residence for a period of not less than seven years. Because any time that they would have spent outside of Hong Kong studying would have been done on the basis that each time they made an exit to go continue their studies overseas, they were departing on a merely temporary basis only, and consequently they subsequently returned to Hong Kong and had their residence status still valid inside the passports, reflecting the fact that they did have the continuing connection to Hong Kong even though they were temporarily studying overseas. Thus, I suspect that you can probably differentiate those cases from your particular circumstances, which, as I say, is really driven by the fact that you lost unconditional stay and you’d end in qualify for a dependent visa because of timing issues.

Sad said of, but all’s not lost. My experience suggests that the Hong Kong Immigration Department will take your personal circumstances very much into account. If you can get a job offer and then make an application for an employment visa, which would be in a sense, your new rationale for remaining in Hong Kong because presently the Immigration Department don’t have any circumstances that will allow them to apply existing immigration rules and regulations to your circumstances to give you the opportunity to be together with your family. That is, there’s only the visitor visa that’s out there for you. However, if you can procure a job offer and get a sponsored employment moving in your favour, I think you’ll find that the Immigration Department will take the extenuating circumstances of your family situation into account. And so long as you’ve got an employment visa sponsor in hand, you stand a really good chance of being approved for an employment visa under liberalised consideration criteria.

So I would suggest that you get yourself a job offer, make an employment visa application to the Immigration Department and, as part of your application, reveal everything that you revealed to us in your question today, and I’m 99.99% confident that the Immigration Department will grant you a visa as a result of your personal circumstances.

All the very best.

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Hong Kong Unconditional Stay Status

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25

Feb 2024

Hong Kong Right Of Abode Application – Arguing Away Missing Periods Of Residence

Posted by / in Hadley Says…, Long Stay & PR / 38 responses

This article presents solutions to missing periods of residence when it comes about a Hong Kong Right of Abode Application

The essential approvability test for a Hong Kong Right of Abode application is that you have been continuously and ordinarily resident in the HKSAR for a period of not less than 7 years AND that you have taken concrete steps towards making Hong Kong your ONLY place of permanent residence.

“Continuously”, for the purposes of the test, effectively means that any absences from Hong Kong during that time were temporary and lasted less than 6 months.

Moreover, at the time you departed it must have been your intention to be absent temporarily only – as evidenced by what you leave behind in Hong Kong to return back to at the end of your temporary sojourn abroad.

The application form ROP 145 specifically asks for details, with reasons, in respect of any absences of more than 6 months, otherwise the Hong Kong Immigration Department do not expressly raise the issue – unless it is obvious, that you have indeed spent a great deal of time continuously outside of Hong Kong during the requisite 7 years.

And the collection of documents you submit in support of your application should effectively envelope any missing periods of residence and should consist of Hong Kong tax returns, proof of accommodation, official bills, employment confirmations and, ideally, your Statement of Travel Records for the entire time you have lived in Hong Kong.

Oh, and you need to ensure that you have no outstanding taxation liabilities here as well – otherwise, your case will simply not be approved!

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24

Feb 2024

Hong Kong IANG Work Visa For Non-Local Graduates: The Ultimate Guide

Posted by / in Employment Visas, Musing / No responses

IANG Work Visa for Non-Local Graduates

If you’re a non-local graduate looking to kickstart your career in Hong Kong, you will be eligible to apply for the Immigration Arrangements for Non-local Graduates (IANG) work visa.

IANG Work Visa

The IANG work visa was established in 2008 to attract and retain highly skilled professionals, contributing to Hong Kong’s competitive edge as an international business hub. In this comprehensive guide, we will walk you through the eligibility criteria, application process, and the benefits of obtaining an IANG work visa.

IANG Work Visa – Who is Eligible?

Under the IANG, non-local graduates can apply for an employment visa under a liberalized approvability test. The eligibility depends on the time elapsed since the applicant’s graduation:

  1. Fresh Graduates: Non-local graduates who submit applications within six months of their graduation date are classified as “fresh graduates.” They are not required to secure a job offer as part of their application, and the approval is almost guaranteed, provided they meet the necessary criteria.
  2. Returning Graduates: Non-local graduates who submit applications after six months of their graduation date are classified as “returning graduates.” They must secure a job offer in Hong Kong to obtain an employment visa. The applications are favorably considered as long as the job is suitable and the remuneration package is set at market levels.

Application Process for the IANG Work Visa

For Fresh Graduates:

  1. Submitting Your Application: The application for an employment visa under IANG can be submitted online through the Immigration Department’s (ImmD) online application submission portal.
  2. Approvability Test: Fresh graduates must provide proof of graduation within the six-month limit.
  3. Consideration Process: The consideration process primarily occurs through email and/or fax. The processing time typically ranges between four to six weeks. Once approved, the ImmD will send a notice informing the applicant and provide an Approval Letter.
  4. Visa Duration: Upon approval, the initial period of stay under the employment visa granted through IANG is 24 months. The visa can be extended for three years, following the 2-3-3 year pattern, as long as the applicant continues to meet the necessary criteria.

For Returning Graduates:

  1. Submitting Your Application: Returning graduates can also submit their application online through the ImmD’s online portal.
  2. Approvability Test: Returning graduates must provide proof of graduation with no time limit and an offer of employment in Hong Kong that is commensurate with their education level and offers a remuneration package set at market levels.
  3. Consideration Process: The consideration process for returning graduates is similar to fresh graduates, with a processing time of four to six weeks.
  4. Visa Duration: The initial period of stay under the employment visa for returning graduates is also 24 months, extendable following the 2-3-3 year pattern.

Benefits of Obtaining an IANG Work Visa

One of the key advantages of the IANG work visa is the flexibility it offers. Holders of employment visas issued under IANG can change employers without needing prior approval from ImmD. This flexibility allows visa holders to explore different career opportunities and contribute to Hong Kong’s diverse workforce.

IANG Work Visa – Refusal & Appeal Process

In the event of an application denial, applicants can start the appeal process with a formal request for Reconsideration. Necessary documents such as recent photographs, passport details, graduation certificates, and proof of academic qualifications/transcripts need to be provided for the appeal.

How to Apply for an IANG Work Visa

To apply for an IANG work visa, visit the Immigration Department’s online application submission portal. Make sure to carefully follow the instructions and provide all the required documents, including proof of graduation and job offer, depending on whether you are a fresh or returning graduate.

For detailed information and guidance on the application process, you can visit ImmD’s official website.

IANG Work Visa – The Last Word

Obtaining an IANG work visa opens up exciting career opportunities for non-local graduates in Hong Kong. With a streamlined application process and attractive benefits like flexibility in changing employers and bringing dependents, the IANG work visa is an excellent immigration mechanums.

To ensure a smooth application process for a non-local graduate visa in Hong Kong, it’s important to consult the Hong Kong Visa Handbook website. This valuable resource contains two essential documents that you should download and review: the Hong Kong Non-Local Graduates Visa Information and the Hong Kong Non-Local Graduates Checklist.

Additionally, the Handbook offers Non-Local Graduate Visa Application Templates specifically designed for non-local graduates and useful insights into What the Immigration Department Look for When Establishing the ‘Bones Fides’ of a Hong Kong Employer as a Suitable Credible Sponsor Under the Immigration Arrangements for Non-Local Graduates.

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23

Feb 2024

QOTW: Dependancy? Visas For Mainland Spouses Of Hong Kong Permanent Residents

Posted by / in Family Visas, Long Stay & PR, Your Question Answered / No responses

The vexed question of dependant visas for mainland spouses of Hong Kong permanent residents

QUESTION  OF  THE  WEEK

I am a Hong Kong  PR (Canadian, been in Hong Kong for 9 years now working as a CPA) and recently married a PRC resident, who is a senior manager in a bank in Shanghai. What kind of visa can I get for my wife that would enable her to live with me in Hong Kong without stay limit, get a HKID card and seek employment.  I note that the published information indicates the dependant spouse approach is not applicable to PRC residents. She does not want to give up her PRC resident status.

ANSWER

Normally, when a foreign national resident of Hong Kong is seeking to secure dependent visa permission for his Chinese spouse, an application for dependent visa is made in the normal way; however, this anticipates that the applicant spouse sponsor is a temporary resident of Hong Kong not a permanent resident, because under a wider immigration policy that restricts certain classes of people to come to Hong Kong from China, essentially spouses of permanent residents of Hong Kong who are mainland Chinese can’t get dependent visas; instead, they have to apply for one-way permit which means that they go on a waiting list of many years standing and it isn’t a particular practical way for families to be reunited. So this actual rule applies to foreign national permanent residents of Hong Kong and a lonely Chinese permanent residence of Hong Kong and so wherever you have a situation that you have a permanent resident of Hong Kong who is married to a PRC spouse, the dependent visa is unavailable; therefore, you’ve got to look to other possible solutions of being able to reside in Hong Kong together, notwithstanding the fact that you cannot get a dependent visa.

One way to do this is to become a student particularly if there is a master’s degree program that’s suitable for an existing bachelor degree holder spouse, because they could participate in that program for just one year, graduate from that Hong Kong University, and they would then be able to get an automatic no-questions-asked working visa for at least 12 months thereafter under the immigration arrangements for non-local graduates (IANG), and that gives you a very simple and straightforward pathway to be able to secure a residence status through the study route.

Another way to do it is to secure a job offer from a Hong Kong company that is well- established and then make an application for employment visa under the admission of mainland talents and professional scheme and essentially in that instance the spouse would have to be very well qualified, have a good educational background, and posses special skills, knowledge and experience of value to and not readily available in Hong Kong and in those circumstances immigration would approve that application and then you’d be able to live together in Hong Kong with your spouse having an employment visa instead of a dependent visa in this instance.

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22

Feb 2024

If I Get A Hong Kong Investment Visa Can I Consult To A Single Client Only As A Pseudo-Employee?

Posted by / in Employment Visas, Investment Visas, Your Question Answered / No responses

Just how ‘flexible is the Hong Kong investment visa?

QUESTION 

I’m Swedish and currently in the process of applying for a Hong Kong investment visa.

In addition, I have an interview for a consulting position with another organization. They will not support me with an employment visa and have asked me if I can also work with an investment visa.

The answer I got from immigration was that I cannot take up a full-time position when holding only an investment visa and that I should instead apply for a work visa. I was wondering if there is any possibility or workaround?

The consulting position is related to my start-up, so I thought about asking the organization to contract my company as a consultant.

I would appreciate your advice on my case.

ANSWER

When you get an Investment Visa for Hong Kong, you essentially have persuaded the Immigration Department that you’re in a position to substantially contribute to the economy of Hong Kong; on the other hand, if you take an Employment Visa from the Immigration Department, you’ve satisfied them that you possess a special set of skills, knowledge, or experience of value to and not readily available in Hong Kong.

Therefore, the question that begs to be answered is: if you secure an investment visa and then the circumstances in your business change to the extent that you now have an opportunity to work for a single client providing Consulting Services, is it lawful to engage in that kind of activity given that you’ve got an investment Visa predicated on a much wider array of anticipated commercial objectives and activities that you’ve engaged in?

The short answer to this questions is no, you can’t get an investment visa and then go into a Consulting Arrangement one to one which is for all practical purposes a pseudo-employment. In other words, if you get an investment visa and your plans change after your approval it’s okay to pivot your business if you’re moving on to perhaps do other things or pursue objectives that are slightly different or at least adjacent to those which were originally covered in your approval for your Investment Visa, but it’s different if after approval all of a sudden you want to use your Investment Visa as a mean to join in what is reality is a one-man-business providing Consulting Services to a single employer (client) in this instance.

So, the short answer is no, you can’t use the investment visa to work for a single employer on a Consulting Basis.

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21

Feb 2024

10 Must Have Resources For A Hong Kong Legal Dependant Visa

Posted by / in Family Visas, Musing, Resource / 10 responses

10 Must Have Resources For A Hong Kong Legal Dependant Visa

First Published July 1, 2013 and updated December 15, 2023 – But The Advice Holds Good Today

Continuing our series of 10 Must Have Resources, I have put together this list of materials from our various websites which is designed to help steer you through the process of acquiring a dependant visa for Hong Kong. Remember, for temporary residents this means visas for spouse and unmarried dependant children under the age of 18 or otherwise in full time education.  For permanent and other long stay residents, you can add dependant parents over the age of 60 to those who are eligible.

SAME SEX PARTNER UPDATE – New Law From 2018

PLAN – Getting Started On Your Hong Kong Dependant Visa Application

CHECKLIST – The Documents You Need For Your Hong Kong Dependant Visa Application

OFFICIAL FORMS – The Forms Used To Apply For And Secure A Dependant Visa For Hong Kong

MOVIE – What Your Spouse Can Expect During The Dependant Visa Application Process

MAINLAND SPOUSE – Can You Get A Hong Kong Dependant Visa For Him Or Her – Will They Qualify?

NOT MARRIED YET? – But Thinking About It For The Purposes Of A Getting A Hong Kong Dependant Visa?

MARRIAGE  BROKEN DOWN? – What To Do If  You Can No Longer Maintain Your Dependant Visa Due To Relationship Break Up

CASE STUDY – The Visa Situation For A Non Traditional, Blended Family Situation In Hong Kong

D-I-Y VISA KIT – Everything You Need To Apply For A Secure Hong Kong Dependant Visa

EXTENSION – Extending Your Hong Kong Dependent Visa When It Is Coming Up For Renewal

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