Hong Kong Visas Made Easy

Will Civil Or Non-Criminal Penalties Accruing To A Business Impact The Hong Kong PR Application Of One Of Its Directors?

Posted by The Visa Geeza / in Long Stay & PR, Your Question Answered / No responses

How is an application for Hong Kong PR (permanent residency or the right of abode) impacted as a result of non-criminal litigation and Court sanctions?

QUESTION

My partner and I run a company (LTD) in Hong Kong. We’ve been a bit behind on our bills and most likely the company will be taken to court to pay late fees and penalties.

My partner is due to receive his Right of Abode in July.

Would such court cases affect his Hong Kong PR status application?

ANSWER

Principally, the Immigration Department are looking to see that there is no security objection to a long stay foreign national resident of Hong Kong becoming a permanent resident and securing the Right of Abode in the process. Therefore, if there is a history of serious criminal activity, then you can expect the Immigration Department to look at that from the perspective of a security objection.

However, in the normal course of transacting and doing business in Hong Kong, if you find yourself on the wrong end of perhaps some government fines for non compliance with, say, company law or other licencing requirements, or you found yourself in a bit of hot water with possibly some other civil partner that you’re having some kind of civil dispute with, and that’s working its way through the judicial process.

None of those things would typically amount to a security objection, which would preclude your business partner from securing the rights of abode. So, unless what you are saying relates to something of quite significant weight, all things considered, because the details are not actually provided, my advice would be that it’s probably not going to have any impact on your partner’s permanent residency application whatsoever.

Okay. I hope you found that useful.

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The 7 Things Your Employer Needs To Know About The Immigration Process When Applying For A Hong Kong Employment Visa

Posted by The Visa Geeza / in Employment Visas, Musing / 6 responses

Applying for a Hong Kong Employment Visa?

You’ve been offered a job in Hong Kong and you need an employment visa.

But your new employer has no experience about the process, so what do you need to tell them?

1. Firstly, there’s the approvability test – namely – you need to possess special skills, knowledge or experience of value to and not readily available in Hong Kong AND your employer must be justified in engaging your services as opposed to those of a local employee.

2. Secondly, the minimum value of your total package should amount to no less than HKD260,000 per annum, give or take.

3. Their sponsorship of  your application is an absolute prerequisite – which means they must agree to fund the cost of your repatriation if your residence does wrong for any reason.

4. Your employer will have to disclose certain corporate and business information in support of your application and they may find this information to be confidential (such as financial information and details about current employees, their job titles and how much they get paid).

5. They need to understand that patience will be required until you can start your duties – it will take a minimum of 4 weeks to process your visa application AFTER all the documents the HKID need have been received in their hands AND it is illegal for you to start working, paid or unpaid, until your visa application has been approved.

6. You can start your application whether you are inside or outside of Hong Kong but the HKID will not likely grant you an extension to your visitor visa just because you’re in Hong Kong when your application was submitted.

7. And, finally, your employer has an obligation to notify the Director of Immigration as soon as your employment with them comes to an end.

As is most things in life, just because you want something it doesn’t automatically follow that you’re guaranteed to get it.

The immigration process is no different.

If you both take the situation seriously, meet the minimum criteria for visa approval at least and be forthright, respectful, earnest and honest in your dealings with the Immigration Department, it is not unreasonable to expect a positive outcome to your employment visa application.

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

Posted by The Visa Geeza / in Employment Visas, Investment Visas, Musing / 6 responses

There really is no such thing as visa self-sponsorship if you are an entrepreneur seeking permissions to join in your own business in Hong Kong. You either work for an independent third party employer, or you are working for yourself (or possibly in partnership with one or 2 others).

Let’s assume you make an application on the basis you’re an employee but really you’re an entrepreneur in disguise.

If your employer’s business has been established for less than 2 years and has not successfully sponsored a foreign national’s employment visa before, ImmD will apply 2 specific tests to your application.

First, and foremost, they will apply the employment visa approvability test looking at the employee-applicant seeking to understand if he or she possesses special skills, knowledge or experience of value to and not readily available in Hong Kong.

In a new company situation (less than 1 year old) they will also look to the bona fides of the proposed sponsoring employer and apply the essence of the business investment visa approvability test  too – namely, is this business in a position to make (or is actually making) a substantial contribution to the economy of Hong Kong?

You see, ImmD have to be satisfied that a proposed employer is actually a suitable sponsor: it is not sufficient that the company is properly incorporated and registered to carry on a business. They want to be satisfied that immigration policy is being properly implemented so with a new business situation, the Hong Kong ID will look into every nook and cranny to ensure that it is so the case.

It is for this reason that it is churlish to expect that newcomers to Hong Kong can simply incorporate a company and then seek to employ themselves in it. No matter how you disguise the actuality of your self-employment, the Immigration Department will always apply the much tougher investment visa approvability test. They do this in 2 ways:

(1)    When the company is newly established, as discussed above, and

(2)    When they see that you are a shareholder in the business (even though you have tried to mask it with nominees).

So, if you’re an entrepreneur, it’s the investment visa for you, not an employment visa. Dressing up as an employee will only make your application take longer to finalize, which means more uncertainly before case finalization and greater frustration as ImmD peel back the layers on the ‘employee-not-entrepreneur’ edifice you have tried to create.

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Can You Keep Your Hong Kong Employment Visa If You Are Being Transferred To Live & Work In China?

Posted by The Visa Geeza / in Employment Visas, Family Visas, Long Stay & PR, Musing / 2 responses

Can you live in China yet remain a HK resident with a valid Hong Kong employment visa?

QUESTION

We are a married couple with children and have lived in Hong Kong for 3.5 years. 

We are moving to Shanghai soon (my husband’s employer is moving us).   

We currently have a Hong Kong employment visa for my husband and dependent visas for myself and kids; these expire a couple months after we move. 

We still plan to visit Hong Kong reasonably frequently (every 3-4 months) after we leave. 

 Is there any way for us to maintain Hong Kong residence after we move, (i.e. renew and maintain our existing visas)? 

 In case it’s relevant, while we have been living in Hong Kong, almost all of my husband’s work has actually been conducted in mainland China (he travels there all the time) we just live here.

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Lame Excuses Won’t Cut It If You’re Caught Working In Hong Kong Without An Employment Visa

Posted by The Visa Geeza / in Employment Visas, Feature Article, Investment Visas, Musing, Refusals & Appeals, Special Programmes, Visitor Visas / 2 responses

Caught Working in Hong Kong Without an Employment Visa?

If you’re working in Hong Kong  (paid, unpaid or temporarily transferred in) but do not have an employment visa sponsored by your current employer you are breaking the law and could be subject to 3 years imprisonment and/or up to a HKD350,000 fine.

The law is very clear in this regard.

However, I also hear all kinds of likely ‘get out of jail free’ stories bounded about if ImmD or an officer of the Labour Department discovers an illegal worker during a routine or other workplace inspection.

What is not so commonly understood is the way the law is crafted here.

If you are found working in the premises or workplace of an employer and you do not have the permission of the Director of Immigration to take up employment with that employer, the law imputes an employment relationship and so your goose is cooked – automatically.

Section 17N of the Immigration Ordinance reads as follows:

So, there’s no way of  talking your way out of it!

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Hong Kong Immigration Department Increase Service User Fees MASSIVELY TODAY

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

Hong Kong Immigration Department Increase Service User Fees

New Visa Fee Structure for Visa Applications Effective from 26 February 2025 (TODAY)

Starting from 11 a.m. on 26 February 2025 (the “commencement time”), applicants submitting an application under any of the visa types listed below, will be required to pay an application fee and a visa issuance fee upon approval, based on a two-tiered fee structure.

Applicable Visa Types

The new fee structure applies to the following visas type:

• Top Talent Pass Scheme
• General Employment Policy
• Admission Scheme for Mainland Talents and Professionals
• Quality Migrant Admission Scheme
• Immigration Arrangements for Non-local Graduates
• Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents
• New Capital Investment Entrant Scheme (excluding applications for unconditional stay or visit visas)
• Capital Investment Entrant Scheme (excluding applications for unconditional stay or visit visas)
• Technology Talent Admission Scheme
• Vocational Professionals Admission Scheme

New Fee Structure

Upon submitting an application under one of the listed visa types, the applicant (principal or dependant) must pay an application fee.

If approved, the corresponding visa issuance fee must be paid according to the two-tiered fee structure before collecting the visa.

Type of Applicant	Item	(HK$)
Principal Applicant / Dependant	Application Fee Per Applicant (non-refundable)	600
	Visa Issuance Fee (for a stay of more than 180 days)	1,300
	Visa Issuance Fee (for a stay of 180 days or less)	600

Calculation of “Relevant Period”

The “relevant period” under the new visa fees schedule is determined as follows:

Ordinary Visa / Entry Permit

The relevant period is the fixed limit of stay stated on the visa/permit.

Example: If the stated period is 36 months, 24 months, 2 weeks, or 7 days, that period applies.

If the stated period is 6 months or more, the visa issuance fee is HK$1,300.

Last Date Under Limit of Stay

Relevant period = Last date under the limit of stay – Date of visa issuance fee payment.

Example: If the last date under the limit of stay is 31 March 2025, and the payment date is 1 March 2025, the relevant period is 30 days.

Extension of Stay (No Change in Condition of Stay)

Relevant period = Last date under new limit of stay – Last date under original limit of stay.

Example: If the last date under the new limit of stay is 31 March 2025, and the original limit ended on 1 March 2025, the relevant period is 30 days.

Change of Condition of Stay (e.g., Change of Employment)

With no change to the limit of stay: Relevant period = Last date under the limit of stay – Date of visa issuance fee payment.

With extension of the limit of stay: Relevant period = Last date under new limit of stay – Date of visa issuance fee payment.

FAQs

1. Do I need to pay the new visa issuance fee if my application was submitted before the commencement time but approved after?

No. Applications submitted before the commencement time will be charged based on the original fee structure.

2. If my application was submitted and approved before the commencement time but I collect my “e-Visa” afterward, do I need to pay the new visa issuance fee?

No. The original fee structure applies to applications submitted before the commencement time.

3. Will the application fee be refunded if my application is refused or cancelled?

No. The application fee is non-refundable in any circumstance.

4. Will the application fee be refunded if I withdraw my application?

No. The fee is non-refundable, and paying the fee does not guarantee approval.

5. What electronic payment methods are accepted for fee payment?

The online payment service will accept:

• Credit Cards (VISA, Mastercard, UnionPay, JCB)
• Payment by Phone Service (PPS)
• Faster Payment System (FPS)
• Mainland China Digital Wallets (Alipay, WeChat Pay, UnionPay App)

6. Is there a deadline to pay the visa issuance fee after approval?

Yes. The time limit for payment is specified in the application result notification.

For more details on other visa application fees, please refer to the official Fee Tables provided by the Immigration Department.

Hong Kong Immigration Department Increase Service User Fees

I Was Convicted Of A Crime And Removed From Hong Kong – How Do My Visa Options Look Now?

Posted by The Visa Geeza / in Employment Visas, Refusals & Appeals, Visitor Visas, Your Question Answered / 21 responses

This post deals with the available visa options after being convicted and removed from Hong Kong

Life in Hong Kong can throw up many challenges, none too much greater than the following:

QUESTION

Hello, and thank you for the opportunity to ask my question! I have questions, but I will frame my situation first.

In June of this year, I made a big mistake and got in an altercation with another woman and ended up hurting her. In September, I was convicted of the crime of Wounding and sentenced to a prison term of 14 days in Hong Kong.

I had been working in Hong Kong for 2 years.

Prior to the conviction, I stopped working and remained in Hong Kong on a Visitor Visa while awaiting trial. My Visitor Visa was set to expire before the trial so I visited Immigration and requested an extension of 90 days. My extension was not granted and I was told to come back to Immigration following my court case. As I stated earlier I was then sentenced to a prison term, so I was unable to come to Immigration and my Visitor Visa expired whilst I was incarcerated.

Consequently, following the completion of my sentence, I was transferred to the Castle Peak Bay Immigration Centre and made subject to a removal order. I chose the option of voluntary repatriation and took a flight home to New Zealand three days later.

Prior to departure, my HKID card was confiscated by the Immigration Department. I asked my case officer at Immigration (and several other officers), as well as the Enquiry section on the Immigration website, and they all gave me the same response about my potential to return to Hong Kong on either a Visitor Visa or Employment Visa: “Please be rest assured that the entry of every visitor to the Hong Kong Special Administrative Region would be considered fairly and reasonably in accordance with the law”.

 Question #1

I am now in New Zealand, but I would like to return to Hong Kong in January 2013. I would like to return on a tourist visa and take care of many responsibilities and possessions I have left in Hong Kong. I just fear arriving in Hong Kong, being detained at the border and then being sent back to New Zealand.

Question #2

I have a job offer in Hong Kong and I would like to accept it. However, I also don’t know how Immigration is going to view my employment visa application. It would be embarrassing and damaging to accept the job offer and then have my employment visa rejected. Also, would Immigration inform my potential employer of the reason for the employment visa rejection?

Thank you very much for your time!

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