Hong Kong Visas Made Easy

01

Nov 2023

Postgraduate Students In Hong Kong Allowed 20-Hour Weekly Work Limit

Posted by / in Musing, Special Programmes / No responses

Postgraduate Students Can Now Work Freely 20 Hours Weekly in Hong Kong

Postgraduate Students in Hong Kong

Postgraduate Students in Hong Kong – Good News

On October 26, a significant announcement was made by the Hong Kong Government concerning international students in Hong Kong.

Postgraduate Students in Hong Kong – Now Free To Work

Effective from November 1 (today), there will be a provisional exemption for full-time non-local postgraduate students from the constraints associated with part-time employment.

This provision is set to be on a pilot basis, spanning a duration of two years.

Postgraduate Students in Hong Kong – Previously Constrained

Prior to this policy adjustment, foreign students granted permission to undertake full-time postgraduate studies at locally accredited institutions in Hong Kong were furnished with a “No Objection Letter” (NOL) by the Immigration Department (ImmD).

This permitted them to engage in part-time work on their respective campuses, limited to 20 hours weekly. They were also entitled to participate in curriculum-related internships and secure summer employment opportunities.

Postgraduate Students in Hong Kong – Free To Work 20 Hours Per Week

This recent pivot, as highlighted in the Chief Executive’s 2023 Policy Address, entails a two-year hiatus from these pre-existing limitations, commencing today.

The aim is to offer international students a broader horizon to explore employment opportunities during their academic tenure in Hong Kong.

It’s envisioned that this will not only enrich their professional experiences but also potentially entice them to consider Hong Kong as a long-term career destination after their academic pursuits.

ImmD is set to organize informational sessions for educational institutions to avail the relevant details of this new provision.

Postgraduate Students in Hong Kong – Updated NOL Letters

Students who are beneficiaries of this initiative will receive the updated NOLs via their institutions.

It appears there’s no onus on eligible students to undergo a separate application process to avail of this concession and those post-grad students who get their visas or entry permits from today onwards will receive revised NOLs in alignment with the new provisions.

Easy peasy …

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31

Oct 2023

Profectional Business Immigration To Hong Kong | 2023 | Resources For Delegates

Posted by / in Musing, Schooling the Lawyers / No responses

CPD | Business Immigration To Hong Kong | 2023 | Resources For Delegates

 

Business Immigration To Hong Kong

October 31, 2023

 

October 25, 2023 Policy Adjustments

October 31, 2023 Presentation Slides


Business Immigration To Hong Kong

CPD Programme Actionable Content Links

 

This material contains all the content on Business Immigration To Hong Kong for the CPD programme delivered to solicitors in Q3, 2023 and is generally made available to our website users here.

 

1 – Visitor Visa – 2023

2 – Visitor Visa Extension – 2023

3 – Travel Pass – 2023

4 – Indian Nationals PAR 2023

5A – Employment Visa -Entry Visa – 2023

5B – Employment Visa – ICT – 2023

5C – Employment Visa – Change of Employer – 2023

6A – Mainland Talents & Professionals – Entry Visa – 2023

6B -Mainland Talents & Professionals – Change of Employer – 2023

7A – Training Visa – Entry Visa – 2023

7B- Training Visa – Change of Status – 2023

7C – Training Visa – Change of Category – 2023

8A – IANG – Fresh Graduate Converting From A Student Visa – 2023

8B – IANG – Fresh Graduate Converting From A Visitor Visa – 2023

8C – IANG – Non-Resident Returning Graduate – 2023

8D – IANG – Visitor Returning Graduate – 2023

9A – Business Investment Visa – Entry Visa – 2023

9B – Business Investment Visa – Visiting To Start A Business – 2023

9C – Business Investment Visa – Entry Visa Relocate An Existing Business From Overseas – 2023

9D – Business Investment Visa – Visiting To Relocate An Existing Business From Overseas – 2023

9E – Business Investment Visa – Change of Category – 2023

10 – CIES – No Current Resources

11A – QMAS – Entry Visa – 2023

11B – QMAS – Change of Status – 2023

11C – QMAS – Change of Category – 2023

12A – TTPS – Entry Visa – 2023

12B – TTPS – Change of Status – 2023

12C – TTPS – Change of Category – 2023

13A – Legal Dependants – Entry Visa – 2023

13B – Legal Dependants – Change of Status – 2023

13C – Legal Dependants – Elderly Parents – Entry Visa – 2023

13D – Legal Dependants – Elderly Parents – Change of Status – 2023

14A – Defacto Spouse – Entry Visa – 2023

14B – Defacto Spouse – Change of Status – 2023

15A – ESLS – 2023

15B – Labour Department – ESLS – 2023

15C – ESLS – List of Exclusions

16A – ASSG – 2023

16B – ImmD Guide Book ASSG – 2023

17 – TechTAS – 2023

18A – Working Holiday Visa – Entry Visa – 2023

18B – Working Holiday Visa – Change of Status – 2023

19 – Right of Abode – 7 Year Resident Intending To Live Here Permanently – 2023

20 – UCS – 7 Year Resident Not Planning To Live Here Permanently – 2023

21 – Reconsideration – 2023

22 – Final Appeal – 2023

 

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29

Oct 2023

Hong Kong Dependent Visa Sponsorship | Can You Apply Twice?

Posted by / in Family Visas, Musing, VG Front Page / No responses

Navigating the complexities of immigration law can be challenging, particularly when it comes to dependent visas in Hong Kong. One question that often arises is whether a person can get Hong Kong dependent visa sponsorship more than once, with different spouses. The answer, according to Hong Kong’s administrative rules, is yes, provided certain conditions are met.

 

The Role of Marriage Cessation Evidence

The first requirement is to provide evidence of the cessation of your legal marriage to your previous sponsor. This means you must be legally divorced from your previous spouse and have entered into a genuine marriage with your current spouse. The Immigration Department of Hong Kong requires proof of these changes in your marital status to ensure the legitimacy of your new dependent visa application.

Sponsorship Criteria for the New Spouse

Your new spouse, who will be your sponsor for the dependent visa, must demonstrate the ability to provide for your basic needs. This includes food and housing, which are standard criteria for qualifying for this type of visa. If you have previously held a dependent visa, you would be familiar with these requirements.

The Impact of Previous Dependent Visa Experience

Having held a dependent visa with your previous spouse, from whom you are now divorced, does not preclude you from being sponsored for a dependent visa by your new spouse. As long as you have remarried and your new spouse can meet the sponsorship requirements, you are eligible to apply for a dependent visa. The fact that you have been through the process before does not affect your eligibility.

Conclusion: Second-Time Sponsorship is Possible

In conclusion, immigration law in Hong Kong does not prevent you from being sponsored for a dependent visa a second time, with a new spouse. As long as you can provide evidence of the end of your previous marriage and the legitimacy of your new one, and your new spouse can meet the sponsorship criteria, there’s no reason why you can’t be successful in this application.

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27

Oct 2023

Hong Kong Entrepreneur Visa Application Guide | What You Need To Know | At-A-Glance | In A Nutshell

Posted by / in Investment Visas, Musing / No responses

The Hong Kong Entrepreneur Visa Grab & Go Guide

What you need to know in a nutshell and all in one place

Hong Kong Entrepreneur Visa Application Guide

PRACTICE UPDATE: How to read in light of current ImmD policy:

This summary guide’s traditional assertion that “there is no explicit financial commitment required” and that founders need only capitalize the first two quarters of operations is completely obsolete under the upgraded regime. Applicants can no longer treat capitalization as open-ended or rely on nominal share capital and deferred shareholder injections; the department now operates against the fiscal baseline benchmarked by TTPS Category A, expecting HKD 1.5M to HKD 2.0M in fully realized, deployed liquidity. Additionally, the checklist item requiring a basic “two-year business strategy plan” and flexible premises must now be read as demanding an integrated three-year domestic expansion plan, signed local client/vendor contracts within the domestic ecosystem, and an exclusive, physically demarcated commercial tenancy rather than virtual or co-working arrangements

The Entrepreneur Visa Application Guide

This Hong Kong Entrepreneur Visa Application Guide in a nutshell provides all your need to know about Hong Kong’s specific visa initiative for international business founders looking to establish and run a venture in the HKSAR.

Known as the Entrepreneur (Business Investment) Entry Visa, this specialized visa essentially functions as an for-specific-purpose employment authorization, granted to the business owner who also serves as an employee in their Hong Kong-based company.

The primary factor for the issuance of the Hong Kong Entrepreneur Visa is the applicant’s requirement to demonstrate that the business will substantially benefit Hong Kong’s economy. This visa also permits the inclusion of one’s spouse and dependent children under the age of 18 years.

Additionally, the visa holder is qualified to apply for permanent residency after 7 years. Initially issued for a one-year duration, the visa can be extended as long as the business continues to be sustainable, usually in 2 or 3-year increments, business performance depending.

This post aims to nutshell-outline the qualification requirements, application steps, required paperwork, and other pertinent details for those interested in applying for the Hong Kong Entrepreneur Visa.

For more information on other visa options in Hong Kong, consult the Hong Kong Visa Handbook.

Hong Kong Entrepreneur Visa Application Guide Video

Watch the entire series of videos here.

Hong Kong Entrepreneur Visa Application Guide Elements

Investment Parameters
Qualifying Requirements
Necessary Documentation
Business Strategy
Submission Protocol and Timeline
Refusal
Accompanying Family Visas
Expert Help
Visa Extensions
Permanent Residency

Investment Parameters

Although there’s no explicit financial commitment required to apply for this specialized visa, ImmD scrutinize your business blueprint during the application process. It’s crucial to allocate adequate resources to cover both the launch and at least the first 2 quarters of business operations.

Qualifying Requirements

Applicants must be free from criminal history and not pose any security risks.

Sufficient professional skills, prior entrepreneurial accomplishments and practical experience are generally expected.

Applicants must establish that their business will have a meaningful economic impact on Hong Kong, such as employment generation, local sourcing, and market penetration.

Formal company registration within Hong Kong is generally required before filing for this visa – certain offshore structures are also permissible (but get expert help in this instance).

To apply for the Hong Kong Entrepreneur Visa, applicants need a local sponsor, either a business or individual, responsible for repatriation if needed.

The following paperwork is essential:

Applicant Documents

Apply online, or via …

Completed application Form ID999A

Photocopy of the identification section of your passport, plus any recent entry/extension visa label slips if already in Hong Kong

Copy of any Hong Kong ID, if applicable

Academic and professional credentials

Prior entrepreneurship credentials

An employment contract entered into with your own Hong Kong entity

Two-year business strategy plan, elaborating on planned operations, capital investment, local employment creation, and any physical office establishment plans

Company structure registration details from the Hong Kong Companies Registrar

Business Registration Certification from the Hong Kong Inland Revenue Department

The business registration certificate is a document issued by the Hong Kong Business Registration Office. The certificate includes the details of the company. You can apply for a business registration certificate during company incorporation. A service provider, such as a company secretary, lawyer, or advisory firm, can apply for the certificate on your behalf. The required documents for business registration include:
  • The company’s name
  • The company’s registered address
  • A description of the company’s activities
  • The company’s directors’ details

Sponsor Documents

For business sponsors:
Completed Sponsorship Form ID999B
Business registration certification from the Hong Kong Inland Revenue Department

For individual sponsors:
Completed Sponsorship Form ID999B
Hong Kong ID photocopy

All submitted documentation must be either in English or Chinese or professionally translated into one of these languages. The Immigration Department will undoubtedly request additional paperwork as needed.

Business Strategy

A well-thought-out two-year plan for your business is imperative for the approval of your Entrepreneur Visa application. ImmD requires convincing evidence that your venture is a ‘welcome investment’ that will positively impact Hong Kong’s economic landscape.

Specific factors scrutinized during the application assessment include:

  1. Strategic Plan: A detailed blueprint outlining your business concept, product offerings, market potential, operational framework, and the managerial team is crucial.
  2. Financial Commitment: Proof of adequate financial reserves to support the venture is needed; though no minimum investment is mandated HKD1 million is needed for a non-resident applicant and HKD500,000 for any present resident seeking to acquire this immigration status from another type of visa. Documents such as bank account statements that speak to your liquid cash net worth to fund the business will be required.
  3. Corporate Structure: Your choice of business entity can affect the outcome. Generally, limited liability companies registered in Hong Kong garner more credibility than sole proprietorships or partnerships at will.
  4. Business Accommodation: ImmD will evaluate if you have a properly set up office or otherwise plans for suitable business premises out of which to operate your enterprise. Your kitchen table or spare bedroom generally do not cut the mustard in this regard. What’s ‘suitable’? For example, an export-import business would need adequate storage space. Including a lease agreement and photos of the premises once established will be called for.

To bolster your application, ensure meticulous attention to the above. Whilst ImmD no more wants to read a 60-page business plan than you might want to write one, a superficial plan for your business that barely meets requirements stands a higher risk of rejection compared to a robust proposal reflecting genuine commitment.

Submission Protocol and Timeline

Your completed application, with all requisite documents, must be submitted to the Hong Kong Immigration Department (Receipt & Dispatch Unit if you’re in Hong Kong as a visitor or via the Residents Section if you’re an existing resident applicant). Online submissions are preferred by ImmD but the upload process is a bit clunky. The electronic submission method merely provides the platform for the exchange of documents and evidence of the fact of application commencement through the issue of a receipt and reference number. Expect the substantive consideration process to be ‘trying’. Applications usually take between 3 to 5 months to process. If successful, a Visa/Entry Permit QR code approval letter is issued, which must be paid for and downloaded from the ImmD website.

Refusal

While rejection is unlikely if you meet all criteria, an appeal option exists in case of denial. You can apply for a Reconsideration.

Accompanying Family Visas

Under the Entrepreneur Visa programme, you can bring your spouse and children under 18 years of age to Hong Kong with you. Each family member would need a separate Dependant Visa which is provided for in the ID999A application form, the validity of which is tied to the primary applicant’s visa. Dependants can engage in employment or education without restriction.

For more on this, consult our Expert Guide.

Expert Help

Employing a specialized firm for your visa application is usually beneficial for several reasons:

Experience: Specialized firms generally possess a wealth of experience, enabling them to guide you efficiently.
Expertise: Such firms can help tailor your business plan to meet Immigration Department expectations.
Local Sponsorship: The firm can act as your local sponsor, fulfilling this mandatory application requirement.
Administrative Ease: Expert firms manage the application submission and necessary follow-ups, saving you valuable time.

Visa Extensions

If your Entrepreneur Visa is approved, you can continue residing in Hong Kong under employment conditions to run and work in your own business (only). Extensions can be applied for at least four weeks before your current visa expires and will only be approved if you continue to meet eligibility requirements. The extension usually follows a 2-3-3 years pattern.

Permanent Residency

After living in Hong Kong for an uninterrupted seven years, you become eligible to apply for Permanent Residency, often known as the “Right of Abode” in Hong Kong.

All Your Hong Kong Entrepreneur Visa Questions Answered Personally – Gratis

And, as always, if ever you get stuck and need to ask me a question, please do so here. I guarantee you a personalised PodCast Answer within 48 hours – completely free of charge!

Hong Kong Entrepreneur Visa Information From VisaGeeza.Ai

Query the only dedicated Hong Kong visa and immigration artificial intelligence large language model available in Hong Kong 100% for free. It contains 8 months of dedicated training and programming and is predicated on 30 years of professional practice of Hong Kong immigration.

10 Must-Have Hong Kong Entrepreneur Visa Resources

1. INFOGRAPHIC – One-Man Investment Visa for Hong Kong

2. PDF – Information on the Hong Kong Business Investment (Entrepreneur) Visa

3. PLAN – The Hong Kong Visa Application Roadmap

4. CASE STUDY – Hong Kong Entrepreneur Visa Case Study Examples That Would Not Get Approved

5. TEMPLATES – Business Investment (Entrepreneur) Visa Application Argument & Other Supporting Documents

VIDEO – 60-Page Business Plan Needed for a Business Investment Visa?

VIDEO – Advantages of Being An Existing Resident When You Make an Application for a Business Investment Visa

PODCAST – Freelancers in Hong Kong – Can You Get a Visa?

TEMPLATE – Business Plan for a Hong Kong Enterprise

TEMPLATE – Hong Kong Employment Contract

ps – there are 12 resources actually (including the presentation above and the BONUS RESOURCE below), but hey, who’s counting!

BONUS RESOURCE – 3-Year Financial Projections Template (Excel)

PRESENTATION DOWNLOAD – How to Apply for a Hong Kong Investment Visa Without Paying for Professional Help!

VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier

Hong Kong Entrepreneur Visa Application Guide

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25

Oct 2023

New Visa Policy Initiatives For Hong Kong | Boosting Our Economy | Attracting Foreign Talent | Promoting Inward Investment

Posted by / in Feature Article, Musing, Top Talent Pass, VG Front Page / No responses

New Visa Policy Initiatives For Hong Kong | Expand the Top Talent Pass Scheme | Relax Certain Visa Requirements | Reintroduce the Capital Investment Entrant Scheme

According to the Policy Address by the Chief Executive of Hong Kong delivered on October 25, 2023, the government is introducing a series of new visa policy initiatives aimed at revitalizing the economy and attracting foreign talent.

New Visa Policy

PRACTICE UPDATE: October 2026

Historical Context: Expansionary Policy Announcements and Open-Door Enthusiasm

Historically, as published by the Hong Kong Visa Geeza in New Visa Policy Initiatives | Boosting Hong Kong’s Economy | Attracting Foreign Talent | Promoting Inward Investment, this analysis reviewed the Policy Address initiatives introduced to revitalize the post-pandemic economy. The centerpiece of the administration’s talent drive was the aggressive expansion of the Top Talent Pass Scheme (TTPS), which broadened the eligible top-university list to 184 institutions alongside reinstated passive investor routes under the Capital Investment Entrant Scheme (CIES). In that rollout era, policy discourse focused almost exclusively on headline attraction metrics, ease of entry, and lowering barriers for global human capital. Qualified degree holders and high earners were welcomed with open, unencumbered 24-month visas granted on time limitation only, free from the traditional requirement to secure an upfront job offer or establish a commercial footprint before arrival. The prevailing message across public channels celebrated frictionless access, framing Hong Kong as an open, welcoming regional base where inbound talent could explore opportunities without immediate administrative pressure.

Modern Reality: From Talent Attraction to the Inflexible Extension Hardware Audit

As detailed by the Hong Kong Visa Geeza in Practice Update: Hong Kong’s Top Talent Pass Scheme (TTPS) Moves From Talent Attraction to Economic Contribution, the macro-policy priority has pivoted from head-count recruitment to a rigorous, contribution-focused compliance audit. The celebratory rhetoric surrounding expanded qualifying university lists has given way to an uncompromising hard-to-stay enforcement reality at the extension milestone. The Immigration Department (ImmD) evaluates renewal applications through a strict hardware audit across both operational tracks:

On the employment track, ImmD conducts an exacting review of candidate remuneration and employer substance. Filings must be supported by market-rate compensation packages appropriate for degree-holding talent, assessable Salaries Tax records, and active Mandatory Provident Fund (MPF) contribution histories. Contrived arrangements, token directorships, and shell sponsorships designed merely to maintain immigration status are systematically exposed and rejected.

On the business establishment track, ImmD applies a corporate hardware audit benchmarked against TTPS Category A operational substance. Talents seeking extensions as business founders must provide verified evidence of enterprise-scale operations deployed on day one: audited financial accounts, verifiable commercial turnover, dedicated corporate liquidity in a local Hong Kong corporate bank account, an executed commercial tenancy for exclusive premises (four walls, strictly disqualifying virtual addresses, shared desks, and serviced co-working suites), and active MPF payroll records for full-time local Hong Kong permanent resident employees.

Strategic Baseline: The Policy Address Illusion vs. The Renewal Precipice

Consequently, relying on the welcoming tone of government policy announcements while treating TTPS as a casual, multi-year holding pattern represents an acute administrative hazard. While the front door of the TTPS remains open to eligible graduates and high earners, the exit door at the end of the initial 24-month stay is guarded by an unyielding economic contribution test. ImmD policy strictly enforces the one-shot rule: an applicant who fails to secure an extension cannot simply file a fresh TTPS application to reset their clock. Furthermore, case officers grant no discretionary grace for passive job hunts, non-trading shell companies, or prolonged unemployment. A summary refusal at the extension milestone instantly terminates lawful stay, requires the principal and all dependent family members to depart the HKSAR, and permanently breaks the continuity of ordinary residence required to achieve Right of Abode under the statutory seven-year rule. Modern entrants admitted under expanded TTPS lists must recognize that admission is merely an entry ticket; long-term residence depends entirely on deploying genuine, enterprise-grade economic hardware well before the extension deadline.

Expanding the Top Talent Pass Scheme

As part of the government’s strategy to promote trade and position Hong Kong as a global business hub, the coverage of universities under the Top Talent Pass Scheme will be expanded. Currently, the scheme grants qualified high earners and graduates from top universities a two-year visa to work or establish businesses in Hong Kong. This new visa policy initiative will increase the number of institutions covered to 184, providing more opportunities for foreign nationals to contribute to the local economy.

Relaxing Visa Requirements for Foreign Nationals

To further facilitate the entry of foreign nationals, the government has announced relaxed visa requirements for certain nationalities. Previously ineligible for Employment, Training, and study visas, Vietnamese, Laotian, and Nepalese nationals will now have the opportunity to access these visas to pursue their professional and academic goals in Hong Kong. This new visa policy initiative’s aim is to attract more talent and help to alleviate the current tight labour market.

Reinstating the Passive Investor Visa Program

The government is reinstating the Capital Investment Entrant Scheme in a major move to attract foreign investment. Eligible foreign investors who invest a minimum of HKD 30 million in stocks, funds, or bonds (excluding real estate) will have the opportunity to apply for entry into Hong Kong. This new visa policy initiative will help stimulate economic growth, showcase Hong Kong as an attractive investment destination, and create new business opportunities.

Introducing a Vocational Professionals Admission Scheme

Recognizing the importance of skilled trade professionals, the government is launching the Vocational Professionals Admission Scheme. This (completely new) ‘study-then-work’ pilot program will allow foreign students from specific vocational schools in Hong Kong to stay an additional year after graduation to find employment in their respective fields. By addressing skills shortages, this scheme aims to create a dynamic and well-equipped workforce to support the growth of Hong Kong’s various industries. This appears to be a boon for the F&B sector (in my view).

Easier Business Travel to Mainland China for Foreign Employees

To facilitate business operations and strengthen ties between Hong Kong and Mainland China, foreign employees of companies registered in Hong Kong will now have the opportunity to apply for a two-year or more multiple-entry Chinese business visa. This change allows for expedited China visa processing via the China Visa Application Service Center, simplifying travel arrangements and promoting seamless business connections between the two regions.

Focus on Economic Growth and Competitiveness

These new visa policy initiatives form part of the government’s broader national plan to improve the economy and enhance Hong Kong’s competitiveness in the global market. In addition to attracting foreign talent and encouraging foreign investment, the government plans to develop key sectors such as industrial, research and development, and information technology. It also aims to foster trade cooperation with Mainland China, attract foreign enterprises to establish headquarters or corporate divisions in Hong Kong, and promote the development of the digital economy.

A Positive Impact

These new visa policy initiatives are set to positively impact businesses seeking to hire and/or deploy foreign nationals to Hong Kong. The focus on streamlining immigration processes, relaxing visa requirements, and promoting economic growth demonstrates our ambition to become a leading global business destination.

More To Come …

I will continue to closely monitor the implementation details of these programs as provided by the Hong Kong Immigration Department. Presently, details are sparse but once available, will publish them here and also update the visageeza.ai large language model to include them in our body of Hong Kong immigration know-how on demand.

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New Visa Policy

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23

Oct 2023

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

Posted by / 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.

PRACTICE UPDATE: How the content must now be read in light of current ImmD policy:

Historically, this experiential breakdown mapped out the psychological and practical journey of the typical foreign founder navigating an investment visa application. The Geeza described the process as an intensive, protracted dialogue with ImmD: a back-and-forth paper dance lasting four to six months characterized by rounds of Requests for Information (RFIs). While emotionally taxing and bureaucratic, the traditional experience was ultimately an iterative negotiation. An applicant who started with an imperfect setup—operating from a serviced desk, holding modest seed funds, and projecting future local recruitment—could patiently answer case officers’ questions, refine their narrative, provide letters of intent, and gradually coach the department into granting an approval based on commercial plausibility and good faith.

The game has changed from an iterative administrative conversation into an uncompromising, binary corporate audit. Today, the typical applicant no longer experiences a patient exchange of prospective plans and clarifying correspondence; instead, they face an unforgiving institutional gauntlet aligned with TTPS Category A operational substance (~HKD 2.5M enterprise scale). ImmD no longer uses RFIs to help under-resourced founders flesh out an aspirational story. If the initial submission cannot immediately prove HKD 1.5M–2.0M in deployed corporate bank liquidity, an executed commercial lease for exclusive physical premises (“four walls”), and active MPF payroll for 2–3 local permanent residents, the experience is not one of lengthy dialogue—it is a swift, clinical refusal. Without having this heavy corporate infrastructure already live on day one, or holding admission into an accredited government incubator, the modern applicant’s journey ends before it even begins.

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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20

Oct 2023

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

Posted by / 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.

Dependant Visa to an Employment Visa in Hong Kong

Eligibility for Employment Visa

To secure an employment visa, you must meet several requirements. Firstly, you must be sufficiently well-educated or experienced to do the job on offer. This normally means at least a bachelor’s degree with a minimum of two years post-graduation working experience in a managerial or supervisory capacity. However, sometimes the Hong Kong Immigration Department will accept good technical qualifications, proven professional abilities, and extensive working experience instead of a formal university education.

Skills and Experience

In addition to formal education, you will need to prove that you possess special skills and knowledge or experience that are valuable to and not readily available in Hong Kong. However, when losing dependant status through a change of personal circumstances, these conditions for approval are often relaxed by the Immigration Department.

Compensation and Local Recruitment Efforts

The compensation for the job must be broadly commensurate with market rates in Hong Kong. This means you cannot be hired at a lower salary than a local person would receive for the same job. Your employer must show a local recruitment effort for the role in question. If there has been no local recruitment exercise, an official declaration must be made on the sponsorship form ID 990B, stating the reasons why no local recruitment was carried out in this instance. If you’re the long-term incumbent in the role, generally ImmD will not second guess a local for the job you’ve already been doing for some time.

The Role of the Employer

Your employer must be deemed a suitable and credible employment visa sponsor by the Hong Kong Immigration Department. In other words, your employer must be well-established, have a properly set up office, and already be an employer of Hong Kong locals.

Documentary Requirements for Employment Visa

Many types of documents are needed for both the employer and employee in an employment visa application. However, if your employer has previously had an employment visa approved by the Immigration Department within the last 24 months, the documentation needed from the employer is significantly reduced.

The Approval Process

It usually takes between four and six weeks for a change of visa category application like this to be finalized by the Immigration Department. In the meantime, if your dependant visa has expired, under no circumstances should you begin your new employment duties until the application has been approved. There are no exceptions to this rule. This means your employer should apply for the employment visa at least eight weeks before your dependant visa is due to expire. This will allow you to continue working through the time it takes for the Hong Kong Immigration Department to consider the change of category dependant to employment visa application.

Conclusion

Swapping from a dependant visa to an employment visa in Hong Kong involves fulfilling specific eligibility criteria and navigating a detailed application process. Applicants must demonstrate their educational background, relevant work experience, and the value they bring to Hong Kong’s workforce. The employing company’s credibility and the local availability of the required skills also play crucial roles in the application process. Just because you’re already doing the job doesn’t mean it is an automatic shoe-in but generally, ImmD can be expected to approve you all other things being equal.

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