Caught Working in Hong Kong Without an Employment Visa?
If you’re working in Hong Kong (paid, unpaid or temporarily transferred in) but do not have an employment visa sponsored by your current employer you are breaking the law and could be subject to 3 years imprisonment and/or up to a HKD350,000 fine.
The law is very clear in this regard.
However, I also hear all kinds of likely ‘get out of jail free’ stories bounded about if ImmD or an officer of the Labour Department discovers an illegal worker during a routine or other workplace inspection.
What is not so commonly understood is the way the law is crafted here.
If you are found working in the premises or workplace of an employer and you do not have the permission of the Director of Immigration to take up employment with that employer, the law imputes an employment relationship and so your goose is cooked – automatically.
This post on how to apply for a Hong Kong investement visa without paying for professional help deals with the differences between work visa vs investment visa.
I have given this talk around town for the last couple of years now and so pleased to finally add it to our coverage of the Hong Kong investment visa, specifically discussing the distinction between an employment visa and an entrepreneur visa (Work Visavs Investment Visa).
The talk was graciously hosted at WYND Co-working Space, ran by a group of great people for whom I have a great deal of time.
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.
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:
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.
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:
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.
Approvability Test: Fresh graduates must provide proof of graduation within the six-month limit.
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.
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:
Submitting Your Application: Returning graduates can also submit their application online through the ImmD’s online portal.
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.
Consideration Process: The consideration process for returning graduates is similar to fresh graduates, with a processing time of four to six weeks.
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 visitImmD’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.
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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Is There Any Special Visa Type For Foreign National Media Professionals Seeking To Live & Freelance In Hong Kong?
Independent media professionals often occupy a round-pegs-in-square-holes situation when it comes to being able to practice their trade in Hong Kong and this question discusses how they might go about being able to do so.
QUESTION
Hi!
My partner and I are media professionals from Canada. We have 10 years experience each in our respective fields. I am a journalist and my partner is a producer and cameraman.
We are really keen to explore employment opportunities in Hong Kong, but jobs in our field are very rarely advertised. Is it possible to acquire a visa to allow us to work as freelancers until we secure a job offer?
Thanks.
ANSWER
There is no such animal as an ‘interim’ or ‘specialist freelance’ visa in Hong Kong: only a sponsored employment visa based upon a job offer or an investment visa where you have to ‘invest’ and demonstrate that you can make a ‘substantial contribution to the economy of Hong Kong’.
In your situation, therefore, it appears as you’d need to apply and qualify for an investment visa.
This is visa type that some people are prepared to use to ‘buy time’ until a job offer materializes but, frankly speaking, it’s quite a challenging exercise which you might find too burdensome just to ‘buy time’.
Moreover, if you do get an investment visa approved, it will effectively legitimize a ‘freelance status’ that you may, in the end, find more conducive to your objectives for your time in the HKSAR that working for a single employer.
What Pathways To An Employment Visa Exist For A Fresh, Foreign University Graduate Arriving In Hong Kong Seeking Career Opportunities Here?
Whilst the Immigration Arrangements for Non-local Graduates afford a clean pathway to working permission for foreign nationals freshly graduating from Hong Kong universities, the situation is very different if your degree is from overseas and you’re seeking to work in the HKSAR straight after university.
QUESTION
Hi Stephen,
I would like to ask, I’m a fresh grad student in interior design from Australia. I am seeking an opportunity in Hong Kong.
I had a few companies that are willing to hire me here in Hong Kong, but the problem is that the employment visa / working permit is an issue for them.
I would like to tap your expertise in this situation.
What other alternatives exist to manage this immigration issue?
ANSWER
Naturally in Hong Kong like any other jurisdiction that cares for its younger population and wants to ford the best possible opportunities for their graduates as they can, it is the position of the Immigration Department to not approve applications for employment visas from completely fresh graduates of foreign universities that come to Hong Kong looking for opportunities here.
And it’s hardly surprising because you know the vast majority of countries as I said would also implement the same policy to protect jobs for their new graduates too. So if you do have a very strong commitment to pursuing a career opportunity in Hong Kong you need to in a sense stop anticipating that there’s a simple solution available to you and start considering that you’re going to have to start making an investment in relation to Hong Kong in a way that you might not have anticipated until now. So just blue-skying this and thinking about the way to bring about a possible positive outcome for you.
One opportunity that might exist is if you find yourself a job offer from a company in Hong Kong that has an office in Australia where perhaps you could spend six months in Hong Kong on a training visa with the expectation that at the end of those six months you would then be sent back to the Australian arm of the group of companies where you would spend two years in Australia working on the ground for the same organization and then at some stage after you have qualified as a professional for the purposes of the general employment policy under Hong Kong immigration rules, then be transferred back to Hong Kong to work for the Hong Kong arm of that business as a full-time employee.
So in those circumstances, you would qualify as a professional because you’d be a graduate and you would have at least two years relevant working experience in your field assuming of course that you have undertaken duties of a supervisory and managerial nature during all of that time. So that’s one way to think about it.
Another way to think about it is well, why not further your education in Hong Kong and go on to get a master’s degree – spend one year studying in Hong Kong. You won’t be allowed to work during that time. But spend one year studying and get yourself an advanced degree. And then immediately take advantage of the immigration arrangements for non-local graduates, which will effectively see you move straight into lawful employability without the need to have a particular job offer, at the point of converting your student visa into the one year fresh non-local graduate arrangements under the immigration arrangement for non-local graduates.
So that’s another key way that you could get in. If you come from a background of commerce and you can master up the requisite finance and you’ve got a half-decent business plan and the sufficient business acumen to think about going into business for yourself. Quite a risky strategy gave that you freshly out of university but if you’ve got all those resources collected around you, you might think about starting a business in Hong Kong and securing the consent of the Immigration Department to join in that business.
There you’d have to show that you’re in a position to make a substantial contribution to the economy of Hong Kong. So that’s the business investment visa and then finally if you come from a particularly well-heeled family and you can show that you’ve owned assets in your own name for at least two years to the tune of a minimum of 10 million Hong Kong dollars you could make an application under the capital investment entrance scheme which would take six to eight months to finalize but at the end of that process, you would find yourself being lawfully employable in Hong Kong without any further questions asked. So that would represent an expensive albeit quite realistic chance of securing the outcome that you’re what you’re looking for so that you can be in Hong Kong to carry on your career here.
So those are the options in a nutshell from 39,000 feet and I hope you found this useful.
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I Was Convicted Of A Crime And Removed From Hong Kong – How Do My Visa Options Look Now?
First Published November 6, 2018 – Still of Interest Today
Life in Hong Kong can throw up many challenges, none too much greater than the following:
QUESTION
Hello, and thank you for the opportunity to ask my question! I have questions, but I will frame my situation first.
In June of this year, I made a big mistake and got in an altercation with another woman and ended up hurting her. In September, I was convicted of the crime of Wounding and sentenced to a prison term of 14 days in Hong Kong.
I had been working in Hong Kong for 2 years.
Prior to the conviction, I stopped working and remained in Hong Kong on a Visitor Visa while awaiting trial. My Visitor Visa was set to expire before the trial so I visited Immigration and requested an extension of 90 days. My extension was not granted and I was told to come back to Immigration following my court case. As I stated earlier I was then sentenced to a prison term, so I was unable to come to Immigration and my Visitor Visa expired whilst I was incarcerated.
Consequently, following the completion of my sentence, I was transferred to the Castle Peak Bay Immigration Centre and made subject to a removal order. I chose the option of voluntary repatriation and took a flight home to New Zealand three days later.
Prior to departure, my HKID card was confiscated by the Immigration Department. I asked my case officer at Immigration (and several other officers), as well as the Enquiry section on the Immigration website, and they all gave me the same response about my potential to return to Hong Kong on either a Visitor Visa or Employment Visa: “Please be rest assured that the entry of every visitor to the Hong Kong Special Administrative Region would be considered fairly and reasonably in accordance with the law”.
Question #1
I am now in New Zealand, but I would like to return to Hong Kong in January 2013. I would like to return on a tourist visa and take care of many responsibilities and possessions I have left in Hong Kong. I just fear arriving in Hong Kong, being detained at the border and then being sent back to New Zealand.
Question #2
I have a job offer in Hong Kong and I would like to accept it. However, I also don’t know how Immigration is going to view my employment visa application. It would be embarrassing and damaging to accept the job offer and then have my employment visa rejected. Also, would Immigration inform my potential employer of the reason for the employment visa rejection?
Thank you very much for your time!
ANSWER
I feel really bad for you because it seems to me as though you’re in a situation where you could be getting punished twice for the same mistake that you made and that’s not good.
But anyway, firstly, dealing with the questions. I understand that you want to come back to Hong Kong after you sort out your affairs, after having had your time in Hong Kong so briskly snatched away from you. I think your fear about being turned away at the border is valid and justifiable. My advice to you would be to make an application for a Visitor Visa in advance. And whilst there’s still no guarantee that if you possess a Visitor Visa the Officer at the border will let you in because they do still have discretion to admit or to refuse entry and you being removed from Hong Kong. At least you’ll be able to test the temperature of the Immigration Department in advance of coming to Hong Kong by making that application and seeing what they make of it. So yes, that would be my advice in relation to question one.
In relation to question two, like all things, if the Immigration Department determine that for security reasons they don’t want to admit you, then they will basically stop you from coming. Whilst they may be ready to give you a Visitor Visa to come and sort your affairs out, they may be less receptive to the idea that you can be a long stay Foreign National Resident again. Until you make your application you’re never going to know what sort of response you’re going to receive from the Department. I can say that essentially it’s an uphill struggle as you probably concluded for yourself. But in so far as being rejected for your Employment Visa, if you’re able to make that application, The Immigration Department will not advise your proposed employer as to the reason for that refusal so you don’t need to be concerned about that.
In the final analysis, it’s the department having a good look at you, what your track record has been, what the circumstances were surrounding your conviction and the comments of the Magistrates will be important too and their deliberations. And if you don’t make the application you’re never going to know. And in so far as the representations that were made to you prior to your departure by the Immigration Officers and what you heard or picked up from the Immigration Department website, effectively what they’re saying is just a restatement of the law and they will say that they are going to consider it fairly, and of course they will consider it fairly, but that doesn’t give any clear indication as to what sort of reception your applications might make.
I think the thing to bear in mind too is that when these representations were made to you, they were made to you while you were incarcerated so I wouldn’t read too much into what they have said. The key thing is to get your applications in and then see what the Immigration Department make of it. If you get a positive reception to your requests for a Visitor Visa prior to arrival then you may receive this, initially a positive response to your application for the Employment Visa. But at the point of them agreeing to you taking up that employment then you will have to show that you possess special skills, knowledge, and experiences that are not readily available in Hong Kong and that the Employer is justified in engaging your services as opposed to those of a local person. Do bear in mind that Mike Tyson, who was convicted for a considerably greater crime of rape, was granted an Employment Visa in the past, although it was only for one day. But it does give you an indication what the Immigration Department make of these circumstances and how they go about applying as you have been told the Application, the policy, being considered fairly and reasonable in accordance with the law.
VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier
