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

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

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

Posted by The Visa Geeza / 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.

More Stuff  You May Find Useful Or Interesting

100% Hong Kong Visa Application Success Rate – Take It All With A Pinch Of Salt

Paying For Visa Help? The Who’s Who Of The Hong Kong Immigration Services Industry

Why Internet Forums Are A Cr@P Source Of Hong Kong Visa And Immigration Advice

Sometimes Large Employers Also Experience Hong Kong Visa Refusals Too – Why Might This Be So?

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

 

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

Posted by The Visa Geeza / 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

 

 

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:

• What Can Be Said To Constitute Ordinary Residence For The Purposes Of A Hong Kong Right of Abode Application?

• 10 Must-Have Resources For A Successful Hong Kong Permanent Residency Application

• Hong Kong Visa Handbook: Right of Abode – Everything Need To Ensure Approval

• How To Apply for the Right of Abode in Hong Kong – American Club Talk (It’s All In Here)

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.

More Stuff You May Find Interesting or Useful

Strategy On How To Craft An Argument To Appeal A Refused Hong Kong Right Of Abode Application

Will The 2 Years I Spent Studying In China Break My Continuous Residence For Hong Kong Right Of Abode?

Hong Kong Right Of Abode – When Does The Clock Start Ticking?

I Have Lived In Hong Kong For 5 Years – Can I Extend My Work Visa For 2 Years, Quit My job, Study Full Time Then Apply For The Right Of Abode?

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Hong Kong Work Visa Rejection Reasons – How An Application Can Go Completely Wrong If You Don’t Know What You’re Doing

Posted by The Visa Geeza / in Case Study, Employment Visas, Refusals & Appeals / 21 responses

Hong Kong Work Visa Rejection Reasons – How An Application Can Go Completely Wrong

How a Hong Kong employment visa application can go completely wrong! Last week, a very good client of ours asked if I would be prepared to take a look at the file of an applicant who had been denied an employment visa a few weeks previously.

 

Updated July 2023

 

Hong Kong Work Visa Rejection Reasons – Asked To Advise

Assessing a Hong Kong work visa rejection reasons.

This applicant was not associated with our client’s company in any way. Rather he had worked for the business of one of our client’s friends.

Our client was asked by his friend, namely, the spurred employment visa sponsor, if I would be willing to take a look at the case file and advise if there was any merit in making a Reconsideration or a second application for this candidate (based upon what I might discover had gone wrong by a review of the paperwork).

So I did.

Hong Kong Work Visa Rejection Reasons – Any Chance Of A Reconsideration?

As you will read below, in actual fact, we were unable to help in this case after all.

However, the mistakes that were made by both the employer and the refused applicant offer a salutary lesson on how Hong Kong employment visa applications can fail by not being armed with essential knowledge of what the Immigration Department are looking for in order to grant an approval.

It also testifies to the need to know immigration law before you approach the HKID with your story.

The advice that I gave as a favour to our client is set out below.

Just enough details have been changed to protect the identity of the parties concerned, but the facts and advice is 100% original.

Hong Kong Work Visa Rejection Reasons –  A Sorry Saga …

Dear …

Here are the problems with DENIED APPLICANT’s immigration situation (in descending order of concern):

1 – Admission that he breached his conditions of stay while working for COMPANY X as a Working Holiday Visa holder.

Unfortunately, in your covering representations, you advise the HKID that he worked for you from January to July 2012. This period of six months was a breach of his conditions as stay for, as a German national, he was allowed to work for a maximum single stint of 3 months for any one employer in Hong Kong. Unfortunately, this inadvertent breach of immigration law also reflects poorly on COMPANY X as an immigration sponsor of his subsequent employment visa application.

2 – DENIED APPLICANT’s qualifications & experience.

As DENIED APPLICANT is not a graduate (possessing vocational qualifications only) in order to overcome this shortfall in his education, he must be able to show that he has significant prior employment experience in a managerial capacity. Alas, his CV shows him carrying a Manager title in his career to date of just 15 months. This is not sufficient to overcome the lack of qualifications to graduate level.

3 – His proposed title denotes him as a Manager of a role only.

Under the General Employment Policy, admission of ‘Professionals’ calls for the candidate to have supervisory responsibilities over other employees. However, your representations state at best that DENIED APPLICANT would be responsible for ‘directing delivery staff’ without elaborating how this was to involve day to day oversight of their work. Consequently, the role appears not to require direct supervision of the body of work of a junior/juniors and reads as though principally he would be working alone.

4 – In part of your argument supporting the need for his employment, you admit that if he were to be employed, then this would obviate “the need to contract …… additional part time delivery staff.”

This ‘justification’ whilst making good commercial sense, is never what the HKID wish to hear in allocating employment visa permissions to a foreign national. Conversely, they prefer to hear that the employment of the foreign candidate will create increased employment opportunities for local people.

5 – Admission that you at least suspect that the job can be filled locally by the fact of looking for a local replacement in the wake of DENIED APPLICANT’s departure from COMPANY X as a Working Holiday Visa holder.

This can be a double edged sword for, if they had not refused his application predicated on (1 = need to have a good immigration record) and (2 = his lack of suitable qualifications and experience) you might have expected the HKID to come back and ask for proof of the recruitment exercise along with copies of CVs from the locals who responded. This type of engagement by the HKID never typically ends positively for the proposed employer and should be avoided if at all possible.

Hong Kong Work Visa Rejection Reasons – My Opinion

DENIED APPLICANT will not get an employment visa under the sponsorship of COMPANY X or for any other employer in Hong Kong, until he has at least 5 years experience in a managerial capacity to make up for lack of a degree.

If you do end up finding a suitably qualified foreign national to take up this role, it is imperative you address the shortcomings in the argument as essayed above.

I also believe it would be good practice to write to the HKID and apologize for the oversight on your part of engaging DENIED APPLICANT previously for more than the three months he was entitled to work for you as a Working Holiday Visa holder. As his employer, COMPANY X had a duty to ascertain his lawful employability status and understand any conditions which were attached to his ability to take up employment in Hong Kong.

At the moment, in this regard, COMPANY X has a negative record which can be addressed by a formal acknowledgment of the mistake, an express apology and an undertaking that this kind of thing will not happen again at any stage in the future.

More Stuff You Might Useful or Interesting

Why Do Hong Kong Visas Get Denied?

The Merits Of Applying For A Reconsideration Of A Refused Hong Kong Visa Application

How To Go About Applying For The Reconsideration Of A Refused Hong Kong Visa Application?

I Know The Immigration Department Website Is A Black Hole For Denied Hong Kong Visa Applicants So What Can I Do Now?

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

 

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Hong Kong Employment Visa Leaving Your Job – What Happens To Your Immigration Status?

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

Hong Kong employment visa leaving your job – discover the implications of leaving your job on your Hong Kong employment visa, and learn how to reinstate your work privileges and navigate the visa sponsorship changes.

 

QUESTION

Hong Kong Employment Visa Leaving Your Job: Will my Hong Kong employment visa be compromised if I leave my job due to intolerable working conditions? I hate my boss, I hate the work and I hate the people. I have never been so miserable but I’m really worried about my visa. Please help me understand what I can do and can’t do it my situation. Thank you so much.

ANSWER

1. Your Hong Kong Employment Visa & Leaving Your Job

Having a valid Hong Kong employment visas is essential to working legally in the HKSAR. However, it’s crucial to understand the consequences of leaving a job on your visa status. In this post, I’ll set out the privileges associated with Hong Kong employment visas, the impact of leaving your job on these privileges, and the steps to take to reinstate your work privileges.

2. Privileges Which Come With A Hong Kong Employment Visa

A Hong Kong employment visa grants you two fundamental privileges under Hong Kong immigration law:

The Privilege to Work

This privilege allows you to work legally in Hong Kong for the employer sponsoring your visa.

The Privilege to Reside

This privilege enables you to reside in Hong Kong for the duration of your visa’s limit of stay.

3. Impact of Leaving a Job on Your Hong Kong Employment Visa Privileges

When you stop working for the employer sponsoring your Hong Kong employment visa, your privilege to work ends. However, your privilege to reside continues until your visa’s limit of stay expires. Upon the expiry of your visa, you are expected to leave Hong Kong.

4. Reinstating Work Privileges For Your Hong Kong Employment Visa After Leaving Your Job

After leaving your employer, you can reinstate your privilege to work before your visa expires by making an application to change your employment visa sponsorship once you have a new job offer. This process ensures that you maintain your legal working status in Hong Kong.

5. Limitations of Work Visa Sponsorship Generally

Your privilege to work extends only to the work you do for your sponsoring employer and no other party, including yourself, paid or unpaid, part-time, some time, or full time. This means you can only work for your work visa sponsor and no other party.

6. Ending Note

Hong Kong Employment Visa Leaving Your Job: Understanding the implications of leaving a job on your Hong Kong employment visa is crucial to maintaining your legal working and residing status in the city. Ensure you’re aware of the privileges and limitations associated with your visa and seek professional advice if necessary.

More Stuff You Might Find Useful or Interesting

Will My Hong Kong Employment Visa Be Compromised If I Leave My Job Due to Intolerable Working Conditions?

All About Kong Employment Visa Sponsorship

Leaving Your Job: Impact on Your Hong Kong Employment Visa

Hong Kong Visa Sherpa: A Guide To Changing Your Employer & Associated Employment Visa Sponsorship

I’ve Lost My Job, Will I get Kicked Out of Hong Kong?

 

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Paying for Visa Help? The Who’s-Who of the Hong Kong Immigration Services Profession

Posted by The Visa Geeza / in Employment Visas, Family Visas, Infographic, Investment Visas, Long Stay & PR, Refusals & Appeals, Special Programmes, Visitor Visas / 30 responses

Hong Kong Immigration Services – Who’s Who?

Hong Kong immigration services attract a large collection of professional service practitioners – and the quality can be massively variable. It seems a bit ‘blow-your-own-trumpet-like’ to say this, but are able to monitor and track who uses our websites and a lof of those folks who sell a professional immigration service refer to our online resources for the most up to date know-how. Which begs the question, of course, do you wish to instruct the monkey or the organ grinder in your all important Hong Kong visa application?

Updated July 2023

Hong Kong Immigration Services – What Does The Landscape Look Like in 2023?

After  30 years of providing Hong Kong immigration services and extensive advice and assistance in my market here, I am in the uniquely fortunate position to really understand how the sector works – and the choices that clients have when looking for professional assistance with their Hong Kong Immigration applications.

Hong Kong Immigration Services – Corporate & Individual Market Sectors

My time working at the highest levels in the ‘International 2’, who together provide the overwhelming majority of services to corporate clients in Hong Kong, has also armed me with significant insight not otherwise readily found within the cadre of immigration practitioners in the HKSAR.

Consequently, I have been able to craft this infographic which, I hope, will shed some light for you on the visa and immigration service options in Hong Kong and how they fare generally.

Hong Kong Immigration Services – You Pay Your Money & Take Your Choice

Please note, I have tried to be as objective as I can in presenting this information and have deliberately kept my own firm (the Hong Kong Visa Centre) out of the classifications.

As a business with an entirely novel internet service delivery model, we simply don’t fit into any of the typical moulds but if you wish to learn more about my firm please watch Part Three of My Story.

Of course, as in every aspect of life and commerce, not all immigration service providers are born equal, with some manifestly superior to others and some offering specialisations unique to their particular skill sets.

In the final analysis its up to you to do your homework, have some meetings, shake some hands and find a provider that’s perfect for your needs, budget, problem or particular case challenge.

For, as the saying goes, you pay your money and you take your choice!

Hong Kong Immigration Services – And Remember – There’s Always Someone Who Will Do It Cheaper …

See what happened here, for example. And this historical figure was right out of luck too!

More Stuff You May Find Useful Or Interesting

10 Must Have Resources for a Trouble-Free Hong Kong Employment Visa Application

10 Must Have Resources for a Successful Hong Kong Permanent Residency Application

10 Must Have Resources for any Hong Kong Investment Visa Application

The Hong Kong Visa D-I-Y Kit – Get Yours Today!

 

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Hong Kong Investment Visa For Freelancers with Overseas Income – What’s Needed?

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

Hong Kong investment visa for freelancers with overseas income? Are you a freelancer living in the HKSAR? You might be wondering whether you need to obtain a Hong Kong investment visa, especially if all your income is sourced overseas … 

Hong Kong Investment Visa For Freelancers – Do You Actually Need One?

Hong Kong investment visa for freelancers with overseas income? Do you need to obtain a Hong Kong investment visa, if all your income is sourced overseas? If you’re in Hong Kong as a visitor and you establish or join a business, irrespective of where the source of the income derives, then you need to have the permission of the immigration department by applying for an investment visa (also known as an entrepreneur visa). Operating a business as a visitor is a breach of conditions of stay and a criminal offence.

What Are the Requirements of a Hong Kong Investment Visa For Freelancers?

Securing  a business investment (entrepreneur) visa means you must satisfy the Immigration Department that you can contribute substantially to the economy of Hong Kong. One-man, solo-preneur, digital nomad, and freelancer type businesses generally are not acceptable for the Immigration Department to approve an entrepreneur visa application.

6 Key Steps in Obtaining a Hong Kong Investment Visa

Follow these steps to improve your chances of obtaining a business investment visa in Hong Kong:

1. Understand the Requirements

Familiarize yourself with the visa requirements and focus on demonstrating your ability to make a substantial contribution to Hong Kong’s economy. Present a well-prepared business plan that outlines your objectives, market analysis, financial projections, and operational strategies.

2. Showcase Your Business Plan

Provide evidence and documentation to demonstrate your commitment and potential for success, including a track record of entrepreneurship, financial forecasts, and relevant qualifications or experience.

3. Seek Professional Assistance

Consider seeking professional help to guide you through the visa application process and improve your chances of approval.

4. Secure a Strong Sponsor

Engage a bonafide Hong Kong resident as a sponsor, preferably a permanent Hong Kong identity card holder, to provide invaluable connections, resources, and industry knowledge.

5. Choose an Appropriate Business Structure

Set up a limited liability company to demonstrate commitment and enhance your application’s chances of approval.

6. Be Patient and Persistent

If it were easy, anyone could get a Hong Kong investment visa. Stay committed, seek professional assistance when needed, and maintain a positive outlook throughout the 4-6 month application process. By following these steps, you can maximize your chances of obtaining a business investment visa as an entrepreneur in Hong Kong.

Relevant Resources for Freelancers in Hong Kong

Do You Need an Investment Visa If You Freelance in Hong Kong with Overseas Income?

The Challenge of Visa Approvability for Freelance Writers and Reporters in Hong Kong

Are There Any Advantages To Being An Existing Resident Of Hong Kong When You Make An Application For An Investment Visa?

Hong Kong Business Investment Visa Overview – Everything You Need to Know

Is There Any Special Visa Type for Foreign National Media Professionals Seeking to Live Freelance in Hong Kong?

Ending Note

In conclusion, if you’re a freelancer in Hong Kong with overseas income, it’s essential to understand the requirements and implications of working without proper visa permissions. Make sure to apply for an investment visa if you’re establishing or joining a business in Hong Kong, even if your income is sourced overseas.

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