Hong Kong Investment Visa Wrongly Applied For | Clearing Up the Confusion & Getting the Correct Employment Visa Instead

Posted by The Visa Geeza / in Case Study, Employment Visas, Feature Article, Investment Visas, VG Front Page / 7 responses

Hong Kong Investment Visa Wrongly Applied For

This case study looks at the problems which arise when an applicant for a Hong Kong employment visa mistakenly applies for an investment visa in light of the fact he is an intercompany transferee establishing his employer’s business operations in Hong Kong from scratch

1. Hong Kong Investment Visa?

The applicant, a 14-day Visitor visa national from Ukraine, found himself (and also his family) in a whole array of grief before we were able to sort out the resulting confusion, going on to get their residence visas approved after we received our instructions very late in the day.

In this case study, the client mistakenly applied for an investment visa instead of an employment visa. The client is actually an intercompany transferee who is establishing his employer’s business operations in Hong Kong from scratch.

This situation can lead to several problems and complications.

Here are some key points to consider:

2. Two Different Visa Categories

The applicant mistakenly applied for an investment visa instead of an employment visa. It is important to understand the differences between these two visa categories:

– Employment visa: This visa is for individuals who have a job offer from a Hong Kong employer. It allows them to work and reside in Hong Kong.

– Entrepreneur (Business Investment) visa: This visa is for individuals who wish to invest in or establish a business in Hong Kong. It is not suitable for intercompany transferees who are establishing their employer’s business operations.

3. Eligibility Requirements

Each visa category has its own eligibility requirements. In the case of an employment visa, the applicant needs to meet certain criteria, such as having a job offer from a Hong Kong employer, possessing the necessary skills and qualifications, and demonstrating that there are no suitable local candidates for the position and the sponsoring business entity in Hong Kong be ‘well established. On the other hand, an investment visa requires the applicant to personally make a substantial contribution to the economy of Hong Kong.

4. Consequences of Mistaken Application

Applying for the wrong visa category can have several consequences:

– Delay in visa processing: The Immigration Department may need to review the application again, causing delays in the visa processing timeline.

– Possible rejection: If the applicant does not meet the eligibility requirements for the visa category they applied for, their application may be rejected.

– Legal implications: Misrepresentation or providing false information in the visa application can have legal consequences and may affect future visa applications.

5. Hong Kong Visa Application Roadmap

In case of doubt, you may find the Hong Kong Visa Application Roadmap helpful for information on intercompany transferee visas and establishing business operations in Hong Kong.

This resource provides a step-by-step guide to the visa application process in Hong Kong. It covers various visa categories, including intercompany transferee visas.

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What Do Both Hong Kong Employment And Investment Visas Have In Common?

Statistically, What Are The Chances Of Your Hong Kong Investment Visa Application Being Approved?

The Industry Secret Most Hong Kong Immigration Consultants Don’t Want You To Discover

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The Perils of Contriving a Job Offer Just for the Purposes of a Hong Kong Employment Visa Application

Posted by The Visa Geeza / in Employment Visas, Hadley Says… / 17 responses

Pretending You Have A Job Offer To Get A Hong Kong Employment Visa?

Updated August 22, 2023

What are the consequences of providing false information to an Immigration Officer in Hong Kong? Is it worth the risk to pretend you have a job offer for a Hong Kong employment visa? 

Is It Worth The Risk?

Need a Hong Kong employment visa? Sometimes foreign nationals in Hong Kong take the view that it is acceptable to collaborate in the conjuring up of a job offer just for the purposes of helping a friend or professional colleague secure a Hong Kong employment visa.

However, this is fraught with danger and should not be seriously considered as an acceptable way forward in pursuit of a residence visa here.

Immigration Department policy is, and always has been, that the job offer underpinning an application for an employment visa  must be for a genuine vacancy.

Moreover, it is a criminal offence to tell lies to an Immigration Officer.

So, if you are party to an employment visa application where the job is in fact not a genuine one, then you are at considerable risk of:

Criminal Prosecution

For making false representations to an Immigration Officer.

A Negative Prior Immigration Record

For both the applicant and the alleged employment visa sponsor.

Discovery of the Contrivance

When the limit of stay comes up for renewal at the time of employment visa extension.

At the time of an application for the Right of Abode after 7 years.

During the currency of any genuine third-party application for an employment visa by the sponsor subsequently.

Hong Kong Employment Visas Require A Genuine Job Offer

Just because the Hong Kong Immigration Department deploy a flexible, non-bureaucratic employment visa application consideration process, it is churlish to expect that they do not have control mechanisms in place for fishing out suspicious applications – especially those where the job offer is not a genuine one.

So please, no matter how much you are tempted, do NOT contrive a job offer just for Hong Kong employment visa purposes.

The risks to the ersatz employer and the visa applicant him or herself are very great indeed.

Hong Kong Employment Visa Risk Of Criminal Prosecution

Making a misrepresentation to a Hong Kong immigration officer is not a good idea due to severe legal consequences. ImmD take immigration matters very seriously and lying to an Immigration Officer is considered a serious offence under the Immigration Ordinance.

Providing false information to an Immigration Officer may lead to detention, prosecution, and potential imprisonment..

Furthermore, providing inaccurate information to an Immigration Officer may damage an individual’s credibility, and ultimately jeopardize their chances of entering or remaining in Hong Kong.

Misrepresenting oneself is widely regarded as unscrupulous, unprofessional and disrespectful behaviour towards the authorities, advocating dishonesty in an official immigration process that aims to promote transparency, legality, and compliance with immigration law.

Consequently, it is important to ensure that all relevant information provided to an Immigration Officer is correct and truthful to avoid any legal issues.

What are the consequences of providing false information to an Immigration Officer in Hong Kong? Is it worth the risk to pretend you have a job offer for a Hong Kong employment visa? Are there any alternatives to contriving a job offer?The Hong Kong immigration system has strict regulations and requirements, and any breaches of these can lead to negative consequences that extend beyond an individual’s immigration status.

So, please don’t be tempted to pretend you have a job offer just to solve a Hong Kong employment visa problem.

It’s one of the oldest tricks in the book!

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Freelance Visa Hong Kong | Can You Get Immigration Permissions For A Hong Kong Freelance Job?

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

Can You Get A Visa For A Hong Kong Freelance Job?

First Published April 22, 2012 – Updated August 2023

Visas for one-man consulting businesses figure constantly in our enquiry Inbox. This post will attempt to put to bed this question once and for all, namely …

Is It Possible To Get Visa For A Hong Kong Freelance Job?

QUESTION

“I am currently working as a consultant for a South African company and I am doing consulting for a large international conglomerate in Hong Kong. My current role involves project management and functional consulting.

Given my expertise and experience, I am interested to change my current position and do freelance consulting in Hong Kong – which will require me to have an investment visa, right?

Do you believe this is possible?

Thanks a lot in advance for your feedback.”

Can You Get A Visa For A Hong Kong Freelance Job? Quite Possibly – But ‘It Depends’ …

ANSWER

Many thanks for your enquiry about possible immigration status for a Hong Kong freelnace job as a foreign national resdient here.

Yes, you are right. If you intend to start a business for yourself you will require a business investment visa as an entrepreneur.

Every case is unique and has to be taken on its own merits.

One man consulting business underpinning a Hong Kong freelance job DO get approved by the Hong Kong Immigration Department, but it is important that the right conditions be present in the proposed new business situation and also that the story is told in a favourable way to promote an argument which serves to satisfy the investment visa approvability test of being able to show that you will be in a position to make a substantial contribution to the economy of Hong Kong.

I am including below some information resources on this topic that you may not have seen. I trust they help to guide you in your thinking in order that you can make an informed decision about your next move en route to a Hong Kong freelance job in due course.

One-Man Businesses – What’s Required

One-Man Business – Case Studies

One-Man Businesses – Business Review After Approval

Of course, complete information on the investment visa is contained in the Hong Kong Visa Handbook. You can access all of these resources via this PDF and then click on the icons to take you to the extended detail.

You might also wish to pursue the Top Talent Pass and Quality Migrant Admission Schemes too. Each of these visas will enable you undertake consulting work as you plan, although both have them have their very own exacting requirements and  approvability challenges.

You’re South African and so a Working Holiday Visa is not available to you but can be a useful immigration status for certain qualifying nationalities.

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Hong Kong Entrepreneur Visa – 3 Case Study Examples

Hong Kong Business Investment (Entrepreneur) Visa Approved Where The Funding Was Running Out

What Do Hong Kong Employment And Investment Visas Both Share In Common?

Why Do The Hong Kong Immigration Department Prefer To See A Limited Liability Company Underpinnig An Investment (Entrepreneur) Visa Application?

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Does A Hong Kong Entrepreneur Visa Need An Extensive Business Plan?

Posted by The Visa Geeza / in 60 Second Snapshot, Investment Visas / 6 responses

Hong Kong Entrepreneur Visa Need An Extensive Business Plan – Say 60 Pages Long?

Not massively so. In fact you can get away without one altogether if writing such a document doesn’t fall readily within your existing skill set. There are other ways to skin this particular cat …

Does A Hong Kong Entrepreneur Visa Need An Extensive Business Plan – Not Really!

The Hong Kong Entrepreneur Visa application process can feel daunting, especially when it comes to preparing a business plan. Many entrepreneurs are under the assumption that a lengthy, 60-page business plan is a strict requirement for a successful visa application.

Does A Hong Kong Entrepreneur Visa Need An Extensive Business Plan – The Visa Geeza Says No!

The Hong Kong Visa Geeza blog speaks widely to this not really being the case. In fact, it is possible to meet the requirements of the Business Investment (Entrepreneur) Visa approvability test without having to submit an extensive business plan. In this essay, we will delve into the details of the visa requirements and analyze why a shorter business plan can be just as effective.

A Hong Kong Entrepreneur Visa Can Include Extensive Business Plan Elements In The Argument

The Hong Kong Entrepreneur Visa is designed to attract foreign entrepreneurs who can contribute to the local economy. The approvability test focuses on three main areas: the personal, business, and benefit factors. The personal factor assesses the experience, skills, and qualifications of the applicant. The business factor looks at the viability and potential of the proposed business. Lastly, the benefit factor evaluates the potential economic or social benefits that the business will bring to Hong Kong.

To satisfy the approvability test, an applicant needs to provide a comprehensive argument that addresses all the relevant requirements. This argument should highlight how the applicant meets the personal, business, and benefit factors. While a traditional 60-page business plan may seem like the ideal way to present this information, it is not the only option.

Focusing on substance rather than length is key. A shorter business plan for the business that covers all the necessary aspects in a concise and compelling manner can be just as effective. The goal is to clearly articulate how the proposed business aligns with Hong Kong’s economic needs and how it will contribute to the local community.

In lieu of a lengthy business plan, applicants can consider crafting the argument to included the business plan elements. You might also wish to include a well-crafted executive summary, a presentation deck, or a series of impactful documents that address each requirement in a succinct and convincing manner.

The emphasis should be on quality rather than quantity.

Get Entrepreneur Visa Argument Right And There Goes The Need For An Extensive Business Plan

It is important to note that although a shorter business plan can be sufficient, it does not mean that an applicant should overlook crucial details. The argument presented must be comprehensive and leave no room for ambiguity. Each requirement of the approvability test must be thoroughly addressed, providing evidence and supporting documentation where necessary.

Another advantage of a shorter business plan is the ease with which it can be updated and modified. As the business evolves, entrepreneurs can adapt their argument accordingly, highlighting new developments and achievements. This flexibility allows applicants to present the most up-to-date and relevant information to immigration authorities.

Ultimately, the success of a Hong Kong Entrepreneur Visa application rests on the strength of the argument presented. A 60-page business plan is not a strict requirement if all the necessary elements of the approvability test are adequately covered. By focusing on substance, clarity, and relevancy, entrepreneurs can construct a compelling case for their visa application, without the need for excessive length.

Does A Hong Kong Entrepreneur Visa Need An Extensive Business Plan? Last Words …

The notion that a 60-page business plan is strictly necessary for a Hong Kong Entrepreneur Visa application is not accurate. Through a well-crafted, concise, and comprehensive argument that addresses all the requirements of the approvability test, entrepreneurs can effectively present their case. The importance of substance over length is key. By understanding the expectations of ImmD and presenting a compelling argument for approval, aspiring entrepreneurs can increase their chances of success in obtaining the much coveted Hong Kong Entrepreneur Visa.

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What Do Both Hong Kong Employment And Investment Visas Have In Common?

Statistically, What Are The Chances Of Your Hong Kong Investment Visa Application Being Approved?

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Hong Kong Entrepreneur Visa Case Study – 3 Examples Which Would Not Get Approved

Posted by The Visa Geeza / in Case Study, Investment Visas / 13 responses

Hong Kong Entrepreneur Visa Case Study Examples

The Hong Kong entrepreneur visa approvability test is extremely onerous when compared to other Hong Kong visa categories.

Hong Kong Entrepreneur Visa Case Study Examples Shed Some Light …

Brand new businesses which do pass the test and end up supporting the business investment (entrepreneur) visa application of the entrepreneur-owner are often really ‘slam dunk’ cases.

This tends to mean that, so long as the investor has a solid plan for the business, a half decent sum of capital to deploy, is clearly going to be creating local jobs, has a good track record and enjoys the support of a local Hong Kong contact or a network in place, then the entrepreneur visa application consideration process for such an applicant might be said to be akin to a box-ticking exercise and the application will be quickly approved without very much ado.

Therefore, it’s the marginal investor who usually has to work hard for an approval.

This post sets out in brief, three case examples by way of general guidance which serve to illustrate the type of investment visa applications that will typically struggle to approval.

Hong Kong Entrepreneur Visa Case Study 1

The first involved a French lady in her early 30s.

She determined that she would like to apply for an investment visa to support her trading fancy good products between France and China.

A Hong Kong limited liability company was established with the typical and standard share capital of 10,000 Hong Kong dollars which she owns 100% outright.

She conducts her trading business from her apartment in Wanchai and was turning over approximately 300,000 Hong Kong dollars a month.  She had no local staff working for her nor did her business plan anticipate that any would be needed.

She had secured the rights to a French fashion product for Northeast Asia but that product itself is from a relatively small company and did not, on the face of it, appear to be a particularly compelling commercial proposition, although the potential was always there.

In this situation, the nature of the business and the way the one-person operation was to be run along with the simple intrepot trading nature of the enterprise that the Hong Kong Immigration Department concluded that this lady would not be able to make a substantial contribution to the economy of Hong Kong.

Hong Kong Entrepreneur Visa Case Study 2

The second general example involves a German man who is a very talented linguist.

He spoke seven languages and saw the potential to establish a simultaneous interpretation service in Hong Kong.

The growth for the business involved marketing and business promotion activities principally via the internet and personal referral.

As the business was to only operate from home and relied exclusively on the personal service capability dealing with himself, this investment visa would never be approved as there as little, if any, investment per se and the contribution to Hong Kong would only be marginal and not substantial.

The business had no potential for scalability and the only party that will really benefit from the business would be the applicant himself.

Hong Kong Entrepreneur Visa Case Study 3

The third, and final, example refers to a current Hong Kong resident who is here on an Employment Visa sponsored by his UK employer who transferred him to the UK three years ago.

Six months prior, he resigned from his job in order to begin a website development company.

He did the right thing by submitting his application to the Immigration Department right at the outset of his plans and so they were on side with him and from the get-go.

The business is well funded and each of the four cornerstones to the business investment approval was present from the outset.

As the processing time for Business Investment Visa is 4 to 6 months, by the time the Immigration Department came around to give him the decision of his application, the business had not actually materialized in the manner envisaged and in fact was struggling to get clients and make sales.

Five months into the venture, he was running out of cash and his reserves were at a complete stretch.

So, whilst at the outset the business looked was promising, by the time the decision came down it become more than obvious to both him and the Immigration Department that it was not going to work out.

For this reason, his investment visa was denied.

As it happened, this client closed down his business and found a job locally in Hong Kong.  He was able to secure an Employment Visa based on his new job offer and was not in any way negatively impacted by the prior refusal of his investment visa application.

How about you? Have you had an investment visa refused? Please let us know how you managed the situation in the wake of this disappointing outcome? Did you finagle an acceptable result in the end? Have your say below!

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How To Apply For A Hong Kong Entrepreneur Visa – 10 Must-Have Resources

Posted by The Visa Geeza / in Investment Visas, Musing, Resource, VG Front Page / 101 responses

How To Apply For A Hong Kong Entrepreneur Visa

If you are intending to make an application for a Hong Kong entrepreneur visa, you’re going to need a variety of resources to manifest your intentions properly with the Immigration Department en route to your all-important visa approval.

10 All-You-Need Resources For A 100% Free Hong Kong Entrepreneur Visa Application

Turning to the Hong Kong enterpreneur visa today, I have collected the following 10 resources from elsewhere across our websites and made available  all-in one place. If you intend to apply for a business investment (entrepreneur) visa, you’ll find them all really helpful so check them out and review them closely.

All of the resources are aimed at making your application process smoother and more efficient. Each resource has been chosen for its effectiveness and relevance, and collectively, they provide valuable insight into the entire project of securing a Hong Kong entrepreneur visa. From these resources, you can expect to gain a deeper understanding of what it takes – without paying for any profesisonal help.

Three Decades Of Expertise In The Hong Kong Entrepreneur Visa Application Process

Additionally, you will find tips and advice that will help you navigate through our websites with ease. By dedicating some time to reviewing and familiarizing yourself with these resources, you will be better equipped to engage with our websites productively and confidently.

Of course, with more than 200 different pieces of free investment visa information, know-how and tools available across both the Hong Kong Visa Handbook and also the Visa Geeza Blog, but the ten included on this page are the starting point for putting your application together.

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 artifical intelligence large language model available in Hong Kong 100% for free. It contains 8 months of dedicated training and programming and predicated on 30 years of the professional practive of Hong Kong immigration.

Here Are the 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 Entreprenuer 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!

 

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Making A Hong Kong Entrepreneur Visa Application – What’s Involved?

Posted by The Visa Geeza / in Investment Visas, Musing / 9 responses

How To Get A Hong Kong Entrepreneur Visa

Making ready for a Hong Kong entrepreneur visa (aka business investment visa) application? Read on.

The Hong Kong Entrepreneur Visa – Many Aspire Yet Very Few Apply

Guess what?

You might be surprised to learn that, for an entrepreneurial driven economy such as ours, there are only comparatively few Hong Kong entrepreneur visas granted annually.

The 200-300 approvals recorded are very modest matched against the 25,000 work visas issued yearly and indeed, the 1,300 capital investment (CIES) visas which were typically granted in the years prior to Covid.

The CIES visa was cancelled in 2015 (yet is slated for re-introduction this year – 2023) and this reduced the number of visas issued on the basis of investment into Hong Kong.

The Number of Hong Kong Entrepreneur Visas Is Very Much Set To Rise

As the HKID don’t provide statistics on the amount of applications received, it does appear safe to say that the low number of entrepreneur visa approvals is less a suggestion of the interest of foreign nationals who want to create or join in a business in thus part of China but more a reflection of the reality that getting an investment visa approved is among the most challenging of all the HKSAR visa processes.

Even in spite of this, foreign nationals arrive in droves to take part in the wonderful business opportunities which the city has to offer and, naturally enough, the Director of Immigration doesn’t deter applications from folks to start up new, or join in existing, firms in the HKSAR.

The most significant difference between the 2 sorts of visa (CIES – coming again soon – vs Entrepreneur) lies in the character of the approvability tests and the basic issue of whether the candidate has got value at risk in the firm wanting to deploy his work in their business operations.

Some Applicants Try To Fudge The Entrepreneur vs Employment Visa Policy Delineation

Hence ImmD look closely at the shareholding structure of the company that applicant will be engaged in and, as a general guide, anything greater than a 10-15% stock holding position in the hands of the visa applicant will steer the case toward the applying of the more burdensome business investment visa approvability test rather than the work visa approvability test.

Covering up the shareholding to attempt to find a way around this general rule is laden with difficulty as the Immigration Department will peer under each nook and cranny in an attempt to completely understand the business ownership arrangements.

Consequently, the utilisation of nominees solely for immigration purposes isn’t advised. If the company is a totally new start up, a fully fledged plan for the business is mission-critical to visa approval.

Hong Kong Entrepreneur Visas Take Many Weeks To Process – Typically

Hong Kong entrepreneur visas often take between four and six months for formal approval to eventuate (compared with the maximum 6-8 weeks for out and out work visas) and the explanation for this is to permit the new business to produce early commercial results and avail the chance for ImmD to appraise if the business plan is a practical one as measured by new ‘facts on the ground’ ensuing right from the tangible implementation of business activities.

Real New Facts On The Ground Are Integral To Hong Kong Entrepreneur Visa Approval

Only very few Hong Kong entrepreneurs tend to be granted based merely on a paper plan; indeed such approvals are customarily limited to very well resourced organisation extending their operations into Hong Kong from overseas.

However,  where the business investment (entrepreneur) visa-applicant is in-country, sometimes as a visitor, though occasionally intending to change visa status from employment, the HKID expect to see the business moving forward before they will authorize a business investment visa.

The Catch 22 Facing the Hong Kong Entrepreneur Visa Applicant

This creates a Catch 22 situation: you can’t join in a business till the approval of ImmD is secured. You cannot secure the agreement of ImmD without showing contribution to Hong Kong. You cant show contribution to Hong Kong without joining in a business!

The Immigration Department is extremely well informed about this conundrum and are practical in their work -around.

Fundamentally, if you have already made an application for a business investment (entrepreneur) visa, they’ll close their eyes to the technical breach of conditions of stay implicit in running a brand new business before having had your visa application approved.

The danger lies in not having an application in the system.

Apply For Your Hong Kong Entrepreneur Visa Аs Soon As Your Intention To Reside Has Crystalized

So to provide yourself with protection from the danger of prosecution, you want to empower ImmD to take an early view of your activities and sign up for your Hong Kong entrepreneur visa right at the outset of your commercial endeavours not later on, after ‘its all moving forward’.

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