Hong Kong Visas Made Easy

26

Jul 2023

Hong Kong Visas Vietnamese Nationals – RTHK Backchat

Posted by / in Musing, Special Programmes / No responses

 Hong Kong Visas Vietnamese Nationals

– a 40 minutes discussion on RTHK Radio 3 Backchat on 25th July 2023 –

Hong Kong Visa Requirements for Vietnamese Nationals

I Recently Contributed to a RTHK Radio 3 Backchat Discussion on Hong Kong Visas Vietnamese Nationals.

Due to legacy issues since the 1970s the present immigration policy as regards Hong Kong visas Vietnamese nationals is somewhat of a dog’s breakfast.

Present Policy Towards  Hong Kong Visas Vietnamese Nationals?

  1. Visitor visa before arrival needed (takes 6 weeks, valid 7 days, extendable for 7 more) – usually single entry
  2. APEC Business Travel Card holders get 60 days business visit each arrival – card valid 5 years.
  3. Not eligible for employment, training or business investment (entrepreneur) visas.
  4. Student visas only for full fees paying undergraduate or post graduate degree programmes.
  5. Talent Admission Schemes – not eligible
  6. Gradutes from Hong Kong universities can work under IANG.
  7. Dependant visas are available.

Change In The Offing?

The Secretary for Security Chris Tang is set to visit Vietnam next month and change could very well be in the offing.

With a population of more than 97 million Hong Kong could very well be missing a trick through it’s presently very stringent policy towards Hong Kong Visas Vietnamese Nationals.

LISTEN HERE

 

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Hong Kong Visas Vietnamese Nationals

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22

Jul 2023

Please Don’t Ask Me To Advise You On How To Break Hong Kong Immigration Law!

Posted by / in Employment Visas, Feature Article, Musing, Your Question Answered / No responses

First Published Years &  Years Ago!

How To Break Hong Kong Immigration Law – I’m Not Going To Help You!

I get loads of great questions to answer and it’s my genuine pleasure to help.

How To Break Hong Kong Immigration Law – Innocent Requests Are Often Unlawful In Their Execution

Sometimes, though, people don’t appreciate what it is they are actually asking me to be a party to when they seek my advice via our websites.

It is incredibly important to follow the immigration laws of any country, including Hong Kong. The consequences of breaking immigration law can be severe and long-lasting. Seeking to break Hong Kong immigration law when it comes to employment, investment, dependant or fdh visas can have serious consequences that can impact your future in numerous ways.

How To Break Hong Kong Immigration Law – Why It Is A VERY Bad Idea

Firstly, breaking immigration law can result in a criminal record, which can have lifelong implications. A criminal record can affect future employment opportunities, making it challenging to secure jobs in various fields. Additionally, a criminal record can limit travel opportunities as some countries have strict rules on allowing individuals with criminal records to enter their borders.

Secondly, breaking immigration law is a serious offence and may lead to you being imprisoned then deported. Deportation means that you will be forced to leave Hong Kong and be removed from Hong Kong permanently. Once deported, it may be difficult to return to Hong Kong and can impact your relationships with friends, family, and colleagues who are still living here.

Moreover, if caught breaking Hong Kong’s immigration law, you may face financial penalties that can be costly and detrimental to your financial health. Financial penalties can result in the loss of your job and negatively impact your ability to live and work in Hong Kong it can also damage your credit score and financial reputation.

Finally, breaking immigration could also put a strain on the relationships between Hong Kong and your home country. This could lead to difficulties in securing future visas or legal status in Hong Kong.

Breaking Hong Kong immigration law when it comes to employment, investment, dependant or fdh visas is never a good idea. The consequences can be severe, resulting in a criminal record, deportation and financial penalties. It’s essential to understand and follow the immigration laws of any country you are living in not least Hong Kong.

How To Break Hong Kong Immigration Law – Please Don’t Ask Me – A Refusal Often Offends!

So please don’t ask me to advise you on how to break Hong Kong immigration law!

How To Break Hong Kong Immigration Law

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18

Jul 2023

The Double-Edged Blade of a Hong Kong Investment Visa Approval Business Review

Posted by / in Hadley Says…, Investment Visas / 2 responses

Hong Kong Investment Visa Approval Business Review – A Sword Of Damocles

If your Hong Kong investment visa approval has been granted subject to Business Review it could make for some sleepless nights over the course of your first 12 months in Hong Kong.

Hong Kong Investment Visa Approval Business Review Awaits

You see, in this case, the Hong Kong Immigration Department will once again look very closely at your business to make sure that it is contributing substantially to the economy of Hong Kong.

– At the time of your extension you’ll have to supply:

Your business accounts

Details of your employees

Information about your offices premises, and

General information about your business activities.

Hopefully, you’ll be OK. But better to be ready!

Hong Kong Investment Visa Approval Business Review – Getting An Extension

For a business investment visa extension of stay in Hong Kong, entrepreneurs need to go through a Business Review process. This review is conducted by the Hong Kong Immigration Department to assess the performance of the business and the entrepreneur’s ongoing contribution to the economy of the HKSAR.

The Business Review process involves a thorough examination of the entrepreneur’s business operations, financial statements, compliance with local laws and regulations, employment of local staff, and overall contribution to the Hong Kong economy. ImmD will evaluate factors such as the sustainability of the business, job creation, revenue generation, and the entrepreneur’s ability to manage and grow the business effectively.

Hong Kong Investment Visa Approval Business Review – Documents Needed

Entrepreneurs are typically required to submit relevant financial documents, such as audited financial statements, bank statements, tax records, and business activity reports. It is important to provide comprehensive and accurate information to demonstrate the continued success and viability of the business.

The Business Review process aims to ensure that the business investment visa holders are genuinely contributing to the Hong Kong economy and are actively involved in the ongoing operation of their businesses. Successful completion of the review process will result in an extension of a visa, allowing the entrepreneur to continue their business activities in Hong Kong.This could be for one further year, but, if you’ve actively created local jobs, they could remove the Business Review track and put you on the 3-3 year extension pattern.

Hong Kong Investment Visa Approval Business Review – The Last Word

It is important to note that the specific requirements and procedures for the Business Review process may vary, and it is recommended to consult widely on this website for the most accurate and up-to-date information.

Or give us a call!

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17

Jul 2023

Can I Employ Myself Via A Hong Kong Business Investment Visa (Or Any Other Way)?

Posted by / in Employment Visas, Investment Visas, Your Question Answered / 13 responses

Can I Employ Myself?

Can I Employ Myself

Updated July 2023

Can I employ mself? This is a typical question about what is really a Hong Kong business investment (entrepreneur) visa application – but most often people don’t know, understandably enough, how to couch it…

Can I Employ Myself? – QUESTION

“Hello,

I’m interested in getting HK residence permit (working visa). Please advise what’s the easiest, fastest and cheapest way to do it.

My idea is to register Hong Kong based company and who will hire myself as a director.

Am I able to be self-employed expat in HK or it’s wise to use nominee shareholder services?

What are the minimal salary criteria in my case?

How long will it take?”

Can I Employ Myself? – ANSWER

I’m afraid there is no easy, fast or cheap way to secure Hong Kong residency on the basis you are mooting. Please find the following collection of resources covering this subject:

One man businesses

http://pinterest.com/hongkongvisas/visitor-seeking-a-hong-kong-investment-visa/

Idea of self-sponsorship and use of nominees.

http://www.youtube.com/watch?v=3-smyooE8kk&feature=relmfu

Newcomer’s guide to employment visas in Hong Kong

http://pinterest.com/pin/115967759124916639/

Please also see the Investment Visa Information sheet on the Hong Kong Visa Handbook.

And this Case Study which speaks to one businesses and how we eventually got their visas approved.

Can I Employ Myself? – FOLLOW UP QUESTION

“Many thanks for your prompt reply, useful links and awesome infographics. It’s getting much more clear now.

Well, I’m definitely not planning to invest HK$10M in the next some yeas to get an Investments visa. Because I’m just not able to do this.

You’re saying that it’s not a good idea to use nominee shareholders because HK immigration authorities might discover this fact and it will take a lot of efforts to approve this new company as a valid sponsor.

So for now it seems (please correct me if I’m not right) that cheapest and easiest way to get HK RP for me is to:

– find a local sponsor, private person, or

– get a job in an existing company

Regarding sponsor, I have a friend in HK who is probably able to be my sponsor (using my own funds).

But getting a job seems to be an easiest solution so far.

I believe there are some companies known to the HKID that you might also know who are stable enough and can hire me as employee and start paying me salary (using my own funds). I hope that you can recommend me this kind of company, probably one of your customers can help me.

I’m well known in my industry (internet technology) as a noted professional (proper references from worldwide known companies could be provided) so I assume that there is a chance for me to be be admitted as qualified migrant.

As an example, my Italian residence permit is based on ‘high skilled migrants’ immigration program, so most of the documents confirming my skills are ok and we can try use them in future in HK.

Please let me know if I understand everything in a proper way and we can proceed somehow.”

Can I Employ Myself? – FOLLOW UP ANSWER

Unless you have a pre-existing consulting business overseas which you intend to ‘relocate’ to Hong Kong and support that relocation with resources to pass the investment visa approvability test (as detailed on the Visa Information PDF I sent you previously) the only option will be for you to secure a genuine job  offer in Hong Kong from an independent third party employer and in the context of that job offer pass the employment visa approvability test as detailed here.

There is no option of having a Hong Kong resident,  in his private capacity, of sponsoring you for residence permissions in Hong Kong unless you are legal family.

You can find information on the Quality Migrant Scheme here. In my experience, unless you have at least 125 points, you’re unlikely to get in the running for an eventual approval – but you will never know if you don’t try.

Since early 2023, you can also consider the Top Talent Pass visa.

Can I Employ Myself  As A “Talent” Via The Top Talent Pass Visa?

The Hong Kong Top Talent Pass visa is a type of visa ecompassess the spirit of the Talent List, which refers to a list of in-demand professions and skills that the Hong Kong government aims to attract from around the world to support its economic development. The Talent List is used to determine eligibility under various admission schemes, including the Quality Migrant Admission Scheme (QMAS), the General Employment Policy (GEP), the Admission Scheme for Mainland Talents and Professionals (ASMTP), and the Top Talent Pass Scheme. By targeting these specific professions, Hong Kong aims to attract high-skilled foreign nationals who can contribute to the region’s economic growth and competitiveness.

To pursue acquiring a Hong Kong Top Talent Pass visa, you can follow a step-by-step process outlined in the Hong Kong Visa Application Roadmap. This roadmap is a comprehensive guide for making any Hong Kong immigration application and covers various aspects such as assessing circumstances, current immigration status, visa type, sponsorship, and application methods. It works hand-in-hand with the Hong Kong Visa Handbook, which provides detailed information and guidance on the visa application process.

To learn more about the Top Talent Pass visa and the application process, you can refer to the following resources:

1. [Talent List](https://www.talentlist.gov.hk/): This website provides information about the Talent List and the in-demand professions and skills targeted by the Hong Kong government. It offers insights into the eligibility criteria and requirements for different admission schemes, including the Top Talent Pass Scheme.

2. [Hong Kong Visa Geeza](https://hongkongvisageeza.com/is-there-such-a-thing-as-an-occupations-in-demand-list-for-a-hong-kong-qmas-application/): This includes information about the occupations in demand list for a Hong Kong QMAS application. While it specifically mentions the QMAS application, it provides insights into the Talent List and its relevance to various admission schemes, including the Top Talent Pass Scheme.

By referring to these resources, you can gain a comprehensive understanding of the Top Talent Pass visa, its eligibility criteria, and the step-by-step process to secure this visa. It is important to carefully assess your circumstances and fully understand the requirements before proceeding with your visa application.

Remember, the Hong Kong Visa Application Roadmap and the Hong Kong Visa Handbook are valuable resources that can provide detailed guidance and answer any specific questions you may have regarding the Top Talent Pass visa application process.

Can I Employ Myself – One Final Point …

What you are proposing in our QnA above about using your own funds to contrive an employment would involve you making misrepresentations to the Hong Kong Immigration Department on the part of the ‘employer’, yourself and my firm.

This is illegal and neither my firm nor I will play any part in such a scheme and I urge you to readjust your expectations as to how to go about becoming a lawful Hong Kong resident.

As I have stated, there is no easy, fast or cheap way to secure residence in the HKSAR. There only the legal way.

I trust this advice guides you accordingly.

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16

Jul 2023

Ensuring Your Staff Are Lawfully Employable in Hong Kong: How To Check & See

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

What steps should an employer take to ensure a job seeker is lawfully employable in Hong Kong?  What documents should an employer inspect for job seekers who do not hold a Hong Kong permanent identity card and what are the consequences for an employer who fails to check if a job seeker is lawfully employable in Hong Kong?

Ensuring Your Staff Are Lawfully Employable in Hong Kong:  How To Check & See

Understanding the Legal Requirements

As an employer in Hong Kong, it’s your legal responsibility to ensure that any potential employee is lawfully employable. This involves taking practical steps such as inspecting the job seeker’s valid travel document if they do not hold a Hong Kong Permanent Identity Card.

Recognizing the Types of Identity Cards

All holders of Hong Kong Permanent Identity Cards are lawfully employable. These cards contain the statement “The holder of this card has the right of abode in Hong Kong” at the back. However, not all holders of non-Hong Kong permanent identity cards are lawfully employable.

Checking Travel Documents

To employ non-Hong Kong permanent identity card holders, you must inspect the job seekers’ valid travel documents. This is to ensure they can take up employment in Hong Kong without the Director of Immigration’s prior permission and have not breached any condition of stay.

Understanding the Restrictions

Employing a person permitted to remain on visitor, student, employment condition, or a person whose travel document or “e-Visa” is endorsed with a condition of stay that “Employment is not permitted” requires prior approval from the Director of Immigration. Imported workers under the Importation of Labour Schemes and foreign domestic helpers are common examples of non-Hong Kong permanent identity card holders not free to take up employment in Hong Kong.

Recognizing the Penalties

Employing a person not lawfully employable can result in severe penalties, including a maximum fine of $500,000 and ten years’ imprisonment. Failing to inspect the job seeker’s identity card and valid travel document, if applicable, may result in a maximum fine of $150,000 and one year imprisonment.

Seeking Assistance

If you have doubts that a job seeker is lawfully employable in Hong Kong, you should check out the Immigration Department website here.  The immigration offence reporting email address is anti_crime@immd.gov.hk.

Conclusion

Before entering into a contract of employment, you must inspect the job seeker’s Hong Kong identity card and valid travel document if they do not hold a Hong Kong Permanent Identity Card. This is to ensure the job seeker is lawfully employable and to avoid any legal complications.

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15

Jul 2023

How To Engage The Hong Kong Visa Centre If Your Application Has Been Refused By The Immigration Department

Posted by / in 60 Second Snapshot, Feature Article, Refusals & Appeals / 7 responses

Your Application Has Been Refused By The Immigration Department?

It is a terrible feeling to have your Hong Kong visa application rejected by the Immigration Department and you may by now, be wishing that perhaps you would have been better off seeking professional help from the outset after all.

Your Application Has Been Refused By The Immigration Department – What Now?

Your application has been refused by the Immigration Department … sigh.

Nevertheless – it is what it is – and if you’re thinking it’s now time to get some help, you’ll no doubt  wondering how to go about doing so.

At the Hong Kong Visa Centre we have a standard process which applies in considering the reasons for a refusal and also advising if we think we can help by way of a Reconsideration.

Firstly, you need to prepare a complete bundle of the documentation (every piece of paper which made up your application) and email it to us or drop it off in our offices.

It is vitally important that every piece of paper which the Immigration Department has on file is available for review as partially complete paperwork compromises our ability to advise you properly

Your Application Has Been Refused By The Immigration Department – Cost To Get Started

Our fee for this is a one hour consultation priced at 4000 Hong Kong dollars which you pay in advance of our undertaking the documentation review.

After we have reviewed the file, we will give you an opinion and let you know if we think we can help.

At that time, if we think we can help, we will quote you a service fee to take on the work, discounting the HKD4000 that you paid for the initial review.

Before seeing the papers, we have no idea if we can actually help or not. It all depends on what is contained in the file.

Your Application Has Been Refused By The Immigration Department – This Is What We Can Do

The Hong Kong Visa Centre offers assistance to individuals whose Hong Kong visa applications have been refused. When facing a visa refusal, it can be a stressful and challenging situation, but the Hong Kong Visa Centre provides support to help navigate through the process.

Here are some wayswe can assist:

  1. Assessment and Analysis: The Hong Kong Visa Centre will review the reasons for the visa refusal and assess the strengths and weaknesses of the application. They will analyze the refusal reasons and provide expert guidance on the best course of action.
  2. Reconsideration Application: In some cases, a Reconsideration application can be submitted to the Hong Kong Immigration Department. We can assist in prepareing a thorough and compelling application that addresses the reasons for refusal.
  3. Expert Advice and Representation: The Hong Kong Visa Centre has experienced immigration consultants who are well-versed in Hong Kong regulations and policies. We will provide expert advice and representation throughout the process, advocating for the individual’s interests and seeking a positive outcome.
  4. Alternative Options: If the visa refusal cannot be overturned, we can explore alternative visa options suitable for the individual’s circumstances. We can provide advice on alternative paths to stay or work legally in Hong Kong.

It is important to note that the process and success of visa appeals or reconsideration applications may vary depending on individual circumstances and the specific reasons for the initial refusal. Seeking professional assistance from the Hong Kong Visa Centre can provide valuable support and guidance to increase the chances of a successful resolution.

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14

Jul 2023

How to Obtain Hong Kong Permanent Residency After 7 Years of Ordinary Residence: A Comprehensive Guide

Posted by / in Feature Article, Long Stay & PR, Musing, VG Front Page / No responses

Learn how to qualify for Hong Kong Permanent Residency after 7 years of living in the HKSAR continuously. Find out the requirements, challenges, and resources available to help you navigate a right of abode application

 

How to Obtain Hong Kong Permanent Residency

 

1. Hong Kong Permanent Residency – A Gold Medal In The Hong Kong Immigration Olympics

Hong Kong Permanent Residency also known as the Right of Abode, is a coveted status for foreign nationals who have made Hong Kong their permanent home. This comprehensive guide will help you understand the requirements for obtaining the Right of Abode after living in Hong Kong for 7 years and provide you with valuable resources to navigate the PR application process.

2. Hong Kong Permanent Residency – The Test For Approval

You need to have been continuously and ordinarily resident in Hong Kong for a period of not less than seven years where any absences from Hong Kong in that time – be they of long or short duration – are of a merely temporary nature as evidenced by what you leave behind in Hong Kong to return back to at the end of each temporary stay abroad. You need to have held back-to-back residence visas throughout the seven years claimed as ordinary residence in Hong Kong; must be no security objection to being granted the Right of Abode; must be no outstanding taxation liabilities in your hands in Hong Kong at the time that you’re applying for Right of Abode. And you need to have been in Hong Kong for a settled purpose. Your settled purpose is a function of the visa type that you hold

3. Hong Kong Permanent Residency – Can You Qualify?

  1. Residing continuously and ordinarily for at least 7 years: You must have been a continuous and ordinary resident in Hong Kong for no less than seven years. Any absences from Hong Kong during this period, regardless of their duration, should be temporary in nature. This can be demonstrated by the evidence of your connections in Hong Kong, which you return to after each temporary stay abroad.
  2. Consecutive residence visas: Throughout the seven years claimed, you must maintain consecutive residence visas without any gaps while holding a visitor visa during your ordinary residence in Hong Kong.
  3. No security concerns: There should be no security concerns preventing you from being granted the Right of Abode.
  4. No unresolved tax liabilities: At the time of applying for the Right of Abode, you must not have any outstanding tax liabilities in Hong Kong.
  5. Settled purpose in Hong Kong: Your stay in Hong Kong must be for an established purpose, which is determined by the type of visa you hold.

4. Demonstrating Continuous Residence and Temporary Absences

To prove your continuous residence in Hong Kong, you need to provide evidence of what you leave behind in the city during your temporary absences. Examples of acceptable documentation include:

  1. Habitual place of residence
  2. MPF contributions
  3. Children in school
  4. Employment records
  5. Carrying on a business
  6. Etc

5. Settled Purpose and Visa Types

Your settled purpose in Hong Kong is determined by the type of visa you hold. Different visa types have varying implications for your eligibility for HKPR. For example, employment visas, investment visas, and dependent visas will all contribute to your settled purpose and eligibility for HKPR assuming that continous ordinary residence for the full 7 years can be made out.

6. Challenges and Resources for Navigating the Hong Kong Permanent Residency Application Process

Applying for HKPR can be challenging, but there are numerous resources available to help you navigate the process:

7. End Note

Understanding the requirements and challenges associated with obtaining Hong Kong Permanent Residency (aka right of abode) after 7 years of continuous living is essential for a successful application. By leveraging the resources provided and seeking professional advice when needed, you can increase your chances of achieving your goal of becoming a permanent resident in Hong Kong.

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