Change to Hong Kong Employment Visa from Visitor Visa – Looking for Work as a Tourist

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

If you’re considering coming to Hong Kong as a tourist with a visitor visa, finding a job, and then changing your status to an employment visa, this post will help you understand the process and the possibilities. I’ll discuss whether it’s possible to change your status to a Hong Kong employment visa from visitor visa status and the steps you need to take to see you getting it done successfully.

Can You Change to Hong Kong Employment Visa From Visitor Visa?

The short answer is yes, you can change to Hong Kong employment visa from visitor visa  status in Hong Kong. You are allowed to be physically in Hong Kong as a visitor when applying for an entry visa to take up employment, or you can apply from outside Hong Kong. The application consideration criteria are the same, regardless of your location.

Change to Hong Kong Employment Visa From Visitor Visa –  Looking for Employment as a Visitor …

It is permitted to be in Hong Kong as a visitor and look for employment, attend interviews, and secure job offers. However, you cannot take up any employment until you have secured an employment visa.

No exceptions!

Unless you are engaging in accredited short term work activities.

When entering Hong Kong, it’s essential to be cautious when explaining your purpose of visit to the examining Immigration Officer. Stating that you’re looking for employment may lead them to believe you’re at risk of breaching your conditions of stay by taking up unauthorized employment. If you have interviews scheduled, you can show them the details of those appointments.

It’s worth noting that around 70% of all employment visas are applied for on the basis of an adjustment in status from visitor to employment. By you need to exit Hong Kong and reenter again to activate the new employment visa once approved.

You can do this via Macau or the China land boundaries easily enough, saving you the cost of a flight.

Change to Hong Kong Employment Visa From Visitor Visa – Wider Implications

Please note that the fact of you being in Hong Kong as a visitor does not in any way enhance or detract from the consideration exercise in the grant of your employment and dependant visas if you applying with family members.

However, you are not permitted to work under any circumstances or configuration until and unless your new employment status has been approved.

Moreover, children are not permitted to attend school under their visitor permissions.

It normally takes ImmD 4-6 weeks to finalize employment and associated family visa applications and the mere fact of you being in Hong Kong while they are processing your application(s) doesn’t avail an automatic right to an extension of your present limit(s) of stay as a visitor. You will thus need to arrange a means to extend your visitor permission(s) if they are going to expire before your approval(s) comes through.

Do not be tempted to overstay under any circumstances.

You can apply at the Immigration Department directly for an extension but they generally do not encourage this as it involves a lot of time and resources for them to manually process an extension of stay.

Generally, they prefer that you exit and re-enter Hong Kong if you need to stay compliant. You can do this via same-day IN/OUT to Macau or Shenzhen easily enough (assuming you have a visa for China). Be sure to take proof of your employment visa application reference number with you if you undertake the Shenzhen Shuttle in this fashion. The ImmD Officer at the point of arrival back in Hong Kong might want to see this if you tell him the reason for your ‘double back’ is to secure a defacto extension to your visitor permissions until your main application(s) have been approved.

Ending Note

Obtaining an employment visa in Hong Kong requires meeting the General Employment Policy criteria and presenting a strong case argument that demonstrates the value and the need for your unique skills in Hong Kong. It doesn’t matter if you’re in Hong Kong as a visitor when you apply. But you’ll need to exit and reenter Hong Kong to activate the approved employment and any associated family dependant visas.

In very special circumstances an intending employee can be accredited for short term work for 14 days as a visitor; but that is a separate arrangement agreed with a qualified host QUANGO organization in Hong Kong and is not widely applicable.

Useful Resources

For more information on changing your status from a visitor to an employment visa holder in Hong Kong, check out the following resources:

• Change to Hong Kong Employment Visa From Visitor Visa Status

• Ensuring Foreign Nationals Are Lawfully Employable in Hong Kong

• Applying To Change to Hong Kong Employment Visa From Visitor Visa Status

• An Entry Employment Visa Process – Even If You’re In Hong Kong As A Visitor 

Other Stuff You Might Find Helpful Or Useful

Your Employer Must Help You Get Your Hong Kong Employment Visa

The 7 Things to Tell Your Employer About Hong Kong Employment Visa Sponsorship

My Employment Visa Expires Before My Change of Sponsorship Application Will Be Finalized – Help!

Hong Kong Employment Visa Self-Sponsorship – The Reality for Entrepreneurs Masquerading As Employees

Change to Hong Kong Employment Visa From Visitor Visa – 5 Key Factors For Eligibility

 

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Hong Kong Visa Application Denial – Overcoming Failure: Reconsideration, Appeals, and Strategies

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

A Hong Kong visa application denial is disappointing and can occur for numerous reasons. In this post,  I will explore several avenues to pursue following an application denial and provide actionable advice to maximize success in getting that denial overturned or positively reconsidered.

Reasons for Application Denial

An application can be denied for various reasons, ranging from being fatally flawed or poorly prepared to having a negative prior history or simply not taking the application process seriously.

Application Denial? Requesting Reconsideration from the Immigration Department

If your application is denied, the first step is to request Reconsideration from the Immigration Department. Be prepared for a challenge, as overturning a decision can be difficult. This process requires submitting new information that was not previously available to the Immigration Department at the time of the refusal decision. This is your best shot and 99.9% of all appeal cases end at this first level of appeal,

The following 2 appeal pathways exisit on paper but are rarer that hen’s teeth.

Appealing Under Section 53 of the Immigration Ordinance

If your Reconsideration request fails, you can appeal under Section 53 of the Immigration Ordinance, arguing that the Immigration Department was wrong in their decision. This process involves waiting for a response from the Immigration Department, which will come via the Secretary of Security’s office before it goes before the Chief Executive and Council. Beware, this take a long long time and you cannot remain in Hong Kong as a visitor while this application process plays itself out.

Direct Application to the Chief Executive

Another option for those with a significant matter of public interest is to make a direct application to the Chief Executive, asking them to intervene. This avenue is rare but can be effective in specific cases, such as when there are mistakes in the application process that have led to an erroneous decision.

Persistence and Determination

While overcoming an application denial can be challenging, persistence and determination are key. It’s crucial to provide comprehensive documentation and well-constructed arguments to bolster your case. Remember, when faced with a denial, do not give up easily. Explore all your options, gather the necessary information, and present a strong case. By doing so, you will maximize your chances of success and potentially overcome the obstacles standing between you and your desired outcome.

In appeal situation, you’re likely going to want to stick around in Hong Kong as a visitor to see out the appeal process. For an in-depth look at the challenges faced by long-stay visitors in Hong Kong, check out this guide on the Long Stay Visitors’ Awkward Predicament.

What to do next? Research each avenue of appeal, evaluate the best course of action, and gather the necessary information to present a robust case.

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I Know the Immigration Department Website is a Black Hole for Denied Hong Kong Visa Applicants So What Can I Do Now

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Hong Kong Employment Visa – The Newcomer’s Guide – At-A-Glance

Posted by The Visa Geeza / in Employment Visas, Infographic, VG Front Page / 10 responses

Hong Kong Employment Visa – Looking To Get One?

A Hong Kong employment visa can be had if you both qualify and know how to navigate the eligibility assessment and application process system itself. This info-graphic provides you all you need to know – at a glance. 

Hong Kong Employment Visa – What’s Involved?

Hong Kong Employment Visa are issued to foreign professionals under the General Employment Policy (GEP) of the Immigration Department.

If an applicant successfully obtains an employment visa, they can bring their legal spouse and any children under the age of 18 as dependents.

Hong Kong Employment Visa – Eligibility?

To be eligible for a Hong Kong employment visa, the applicant must meet several requirements.

They should have a good educational background, typically a bachelor’s degree and at least two years of post-graduation work experience in a managerial or supervisory role.

In certain cases, the Immigration Department may accept good technical qualifications, proven professional abilities, and extensive relevant work experience instead of a formal university education.

The applicant must also possess special skills, knowledge, or experience that are valued in Hong Kong and not readily available within the local workforce.

They should be of good character, and the compensation package for the job, including income, accommodation, medical, and other fringe benefits, must be broadly commensurate with market rates.

The employing enterprise must be deemed a suitable and credible employment visa sponsor by the Immigration Department. This means the company should be well established, have a properly set up office, and already employ Hong Kong locals.

Hong Kong Employment Visa –  Documents Normally Required?

Various documents are required for both the employer and employee in an employment 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.

Hong Kong Employment Visa –  Processing Time?

Generally, it takes between four and six weeks for an employment visa application to be finalized by the Immigration Department. Under no circumstances should the applicant begin their employment duties until the visa application is approved.

There are no exceptions to this rule.

Hong Kong Employment Visa – What About Your Family?

Visas for dependents will be issued at the same time as the employment visa, as long as the marriage or civil partnership is certified and the children are the biological or adopted offspring of at least one of the parents. Dependent visa holders are permitted to work, establish or join a business, or study without requiring further permissions from the Immigration Department.

More Stuff You May Find Interesting Or Useful

The Perils Of Contriving A Job Offer In Order To Qualify For a Hong Kongn Employment Visa

Is There Such An Animal As A ‘Flexible Working Visa’ For Hong Kong?

How To Get A Hong Kong Employment Visa Automatically With No Questions Asked!

Is It Ever OK To Work In Hong Kong On A Visitor Visa?

Can I Study Then Get Married All Whilst Holding An Hong Kong Employment Visa For A Company I No Longer Work For?

 

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The Hong Kong Training Visa Process: A Step-by-Step Guide for Foreign National Interns & Trainees

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

Hong Kong Training Visa? A Guide for Aspiring Foreign National Interns and Trainees

Are you eyeing Hong Kong as your next career destination? In this post, you’ll discover everything you need to know about the Hong Kong training visa: eligibility, application process, duration, and rules around additional employment. Moreover, I’ll highlight the benefits you can reap from your time in this dynamic city. 

How to Be Eligible for a Hong Kong Training Visa

Eligibility for the Hong Kong training visa depends on your chosen training program’s format and content. The Immigration Department will closely review your Internship or Training proposal and issue the training visa based on the agreed-to structure and duration. Typically, these visas span six months but may stretch up to 12 months in some cases.

The Application Process – 2 Things To Consider

Applying for a training visa can be a bit daunting. There are 3 mission critical elementss:

(a) A detailed training plan.

(b) The training content cannot be procured anywhere else outside of Hong Kong.

(c) The training employer is a well-established entity with the human resources in Hong Kong to enable a successful period of training.

To this end, be sure to submit all requisite documents to promulgate these propositions. Internships tend to be easier to secure a Hong Kong training visa for.

Hong Kong Training Visa Duration and Extensions

As mentioned earlier, training visas usually run for six months, although some do extend to 12 months. The expectation is that, once your training period wraps up, you’ll head back home, carrying your newfound skills and experiences with you. Seeking to adjust from a training visa to an employment visa at the end of the training period is fraught with difficulty.

Benefits of a Hong Kong Training Visa

Embarking on a Hong Kong training visa experience will allow you to gain new skills while being immersed in Hong Kong’s unique culture and business environment. Generally, it’s a good opportunity to expand your professional network and absorb fresh perspectives. In short, a Hong Kong training visa encompasses growth on both personal and professional levels.

It’s why they’re quite commonly found in our practice.

Side Employment: Is It Allowed?

While the idea of taking up extra employment during your training may feel tempting, Hong Kong’s training visa rules don’t support this. The Immigration Department typically doesn’t entertain applications for side employment, as the primary focus of your time in Hong Kong should be your training program, not work outside of it.

End Note

As long as the sponsor of your Hong Kong training visa is well-established, your training plan is comprehensively documented, the training content can only be procured in Hong Kong and you do not seek to use the training visa as a stepping-stone visa to a full employment visa subsequently, you can go into your application with a high level of confidence of approval.

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Hong Kong Working Visas – Is It Possible To Build A New Business Here Relying Solely On Highly Specialist Foreign National Skills And Talent?

Can A Hong Kong Training Visa Be Used As A Stepping Stone To Any Sort Of  Full Employment Visa Subsequently?

Is 7 Weeks A Long Time For The Hong Kong Immigration Department To Finalize A Training Visa Application?

Is It Ever Possible To Extend A Hong Kong Training Visa?

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Baby Born In Hong Kong To A Foreign National Temporary Resident | How To Complete the Dependant Visa Process

Posted by The Visa Geeza / in Family Visas, Feature Article, Musing / 3 responses

Arranging The Visa For A Baby Born In Hong Kong To A Foreign National Temporary Resident

How To Complete the Dependant Visa Process Once You Have Baby’s Passport

When a baby born in Hong Kong to a temporary (i.e. non-permanent) resident gets his passport, you need to consider finalising the immigration (dependant visa) formalities associated with the birth in the HKSAR.

For a baby born in Hong Kong, This is a straightforward process not otherwise detailed in the dependant visa section of the Hong Kong Visa Handbook – so here you go:

Firstly, ensure you register the baby’s birth in Hong Kong within 42 days. This short video teaches you how:

Documents Required

1– Copy of  the baby’s Hong Kong birth certificate
2– Copy of the baby’s passport
3– Copy of parents’ Marriage Certificate
4– Copy of father’s passport bio details and current visa label pages/QR code approval letters
5– Copy of mother’s passport bio details and current visa label pages/QR code approval letters
6– Copy of HKID card for both parents
7– Original ID235B (baby’s Permit to Remain – issued by ImmD at the time you registered the birth and secured the birth certificate) along with a copy
8– Completed Transfer of Endorsement form

Process

This takes place on the 5th floor of Immigration Tower in Wanchai. There is a walk-in quota each day which tends to fill up early. Better to make an advance appointment using the telephone booking service. Call 2824 6111 to learn how to do this.

Time to Complete

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Hong Kong Top Talent Pass | RTHK Radio 3 | Backchat | What’s The Situation Today?

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

The Hong Kong Top Talent Pass & Other Visas

Hong Kong Top Talent Pass – a 40 minutes discussion on RTHK Radio 3 Backchat on 25th September 2023

I Recently Contributed To A RTHK Radio 3 Backchat Discussion on the Hong Kong Top Talent Pass Scheme And The Immigration State Of Play In Attracting Foreign Talents To The HKSAR

 

LISTEN HERE

 

Understanding the Hong Kong Top Talent Pass Scheme

The Hong Kong Top Talent Pass Scheme (“TTPS”) is meticulously designed to facilitate eligible individuals in acquiring employment in Hong Kong. To be considered for the Hong Kong Top Talent Pass, applicants must fulfil the criteria of one of the following categories:

1. Category A: High-Income Earners

• Eligibility: Individuals with an annual income of at least HK$2.5 million (or its equivalent in foreign currency) in the year preceding the application.
• Income Types: Includes taxable employment or business income such as salary, allowances, stock options, and profits from self-owned companies. Personal investment income is excluded.

2. Category B: Experienced Graduates

• Eligibility: Degree holders from one of the world’s top 100 universities with a minimum of three years of work experience in the past five years prior to applying.

3. Category C: Recent Graduates

• Eligibility: Recent degree graduates from one of the world’s top 100 universities with less than three years of work experience.
• Note: This category has limited availability and operates on a first-come, first-served basis. It does not apply to non-local students who obtained their undergraduate qualification in a full-time, locally-accredited program in Hong Kong.

How to Apply

To embark on the journey to secure a Hong Kong Top Talent Pass, applicants must complete an online application and submit the necessary supporting documents. The outcome is communicated via email, ensuring a seamless and efficient process.

Documentation

• Category A: Proof of income, such as a salary tax assessment notice, proof of stock options, or financial statements.
• Categories B & C: Academic qualifications equivalent to a recognized Hong Kong bachelor’s degree from the world’s top 100 universities.

Benefits and Conditions

Individuals admitted under the Hong Kong Top Talent Pass Scheme enjoy a plethora of benefits, including an initial 24-month stay with no additional conditions and the freedom to change jobs without notifying the Immigration Department. They can also bring their dependents, provided they can support them financially and offer suitable accommodation.

Dependents

• You are allowed to work or study in Hong Kong.
• Extensions are granted on a 3-3-year pattern, with the possibility of a six-year extension under the top-tier employment stream for eligible TTPS individuals.

Points to Remember

• TTPS applicants can only receive an “initial stay” once.
• Current residents can apply for TTPS status and, if approved, obtain an entry Hong Kong Top Talent Pass Scheme visa by leaving and re-entering Hong Kong.

Last Words …

The Hong Kong Top Talent Pass Scheme is a wholly new programme, opening doors to opportunities for top-tier professionals and graduates from around the globe. By understanding the intricacies of the application process and eligibility criteria, aspiring applicants can navigate their way to a promising future in Hong Kong, the greatest city in the world! (I’m biased!).

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All About The HKID Smartcard | Features Overview | Still A Three Month Waiting List For A Booking

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

All About the HKID Smartcard | A Comprehensive Guide | What’s Involved

Although getting an appointment to change your ID card is still a long-winded palaver …

All You Need To Know

In this comprehensive guide, we will explore everything you need to know about the upgraded HKID Smartcard, from its features and benefits to the application process. By the end, you’ll have a clear understanding of this advanced identification document. Please note, however, that it’s still about a 3-month waiting period to get an appointment …

1. Understanding the HKID Smartcard:

   The new HKID Smartcard is an enhanced version of the traditional identity card, equipped with advanced features and technology. It addresses obsolescence issues, improves durability, and upgrades the chip technology of the previous card, ensuring a more secure and convenient identification experience.

2. Benefits and Functions of the HKID Smartcard:

   In addition to serving as a valid identification document, the Smart HKID Card offers numerous benefits and functions. It provides access to various public services, including public library services, leisure facility bookings, the online health record-sharing system, and subsidized e-health services. Moreover, the Smartcard streamlines immigration processes, both within Hong Kong and during international travel.

3. Application and Replacement Process:

   The application and replacement process for the Smart HKID Card followed a structured approach. The card replacement exercise commenced in the fourth quarter of 2018 and closed four years later. Individuals were called up for card replacement based on their year of birth, with priority given to specific groups like immigration staff, police officers, and government officials initially. Appointment booking, online application submission, and self-service registration and collection kiosks at designated centres ensured a smooth and efficient process for applicants UNTIL they shut it down earlier this year (just about the time 1 million COVID refugees who had missed their appointments by year of birth came back and started seeking to cover for their missed slots for processing).

4. Assisting the Elderly and Disabled:

   The Hong Kong Immigration Department recognizes the need for special assistance and support for the elderly and disabled individuals during the card replacement process. Immigration staff will residential care homes, providing on-site assistance to this group. Additionally, NGOs can organize group visits to designated centres to facilitate the process for those with limited mobility.

5. Tips for Photo Submission:

   When it’s time to have your photo taken for the HKID Smartcard, keep in mind that you can take multiple shots and select the best one for your document. Wearing eyeglasses is permitted, although it is recommended to wear non-reflective lenses. Rest well beforehand to appear fresh and lively in the photo.

6. The Technology Behind the Smartcard:

   The HKID Smartcard uses cutting-edge laser engraving technology to add the photo to a polycarbonate card. The decision to use black-and-white imaging instead of colour ensures better quality, security, and durability. This advanced technology guarantees the Smartcard’s longevity, designed to last up to 15 years.

Last Words …

The new HKID Smartcard brings numerous advancements, benefits, and convenience to residents of Hong Kong. It not only serves as a valid identification document but also provides access to a range of public services and simplifies immigration processes. Hopefully, the ID card appointment booking situation will get much better, sooner.

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