Hong Kong Work Visas-Criminal Record Declaration Now Needed

Posted by The Visa Geeza / in Employment Visas, Feature Article, Investment Visas, Refusals & Appeals, Sherpa, Special Programmes, VG Front Page / No responses

Hong Kong Work Visas-Criminal Record Declaration

Applicable to New CIES Visas Too

Wider Applicability

Starting in February last year, the government announced that various immigration programmes in Hong Kong would be modified, requiring applicants to declare their criminal record status before obtaining an entry visa to come and live in the HKSAR (and not just those arriving for employment). With the recent launch of the New Capital Investment Entrant Scheme, this requirement has been extended to that programme too.

Updated March 5, 2024

Hong Kong Work Visas-Criminal Record Declaration A Must

A Hong Kong work visas-criminal record declaration is now needed as the Immigration Department confirmed last week that changes would also be made to talent admission schemes, the General Employment Policy and basically every other soul seeking to come and live in Hong Kong for any reason!

In addition to Employment, Training and Entrepreneur visas, specific programmes impacted are:

• Top Talent Pass Scheme.
• Admission Scheme for Mainland Talents and Professionals.
• Technology Talent Admission Scheme.
• Immigration Arrangements for Non-local Graduates.
• Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents.
• Student Visas
• Working Holiday Visas
• Foreign Domestic Helpers
• Dependant Visas
• New Capital Investment Entrant Scheme

Starting  June 19, 2023 all applicants for these programs will now have to disclose any criminal convictions during their application. This rounded up the arrangements which came into force in February for just some of the visa types.

This change follows the controversy surrounding He Jiakui, a Chinese scientist who was granted a visa under the Top Talent Pass Scheme despite his previous criminal record.

Hong Kong Work Visas-Criminal Record Declaration – Spent Convictions?

Of course, the million dollar question right now is will the existence of a prior criminal conviction automatically disqualify an applicant? If not, what is the threshold? Will ‘spent’ convictions need to be disclosed?

Will spent convictions ‘clear the decks’?

I recently appeared on RTHK Radi0 3 Backchat to discuss this. You can listen here.

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Ai Is Coming To The Hong Kong Visa Geeza Website Very Soon

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

It probably won’t come as a surprise to you but we’re actively and quickly moving ahead with the introduction of Ai to our immigration practice, the Hong Kong Visa Centre.

Ai Is Coming To The Hong Kong Visa Geeza Website Very Soon

Last year I established a group on LinkedIn called – Innovation In Immigration.

I posted this video along with a few others of the same ilk encouraging my colleagues globally to think on their feet with the coming onslaught of Ai in the professional practice of immigration.

It has never ceased to amaze me how, having applied and proven the Intelligent Content Marketing business model, in the immigration profession over a decade at least – and shared the knowledge and know-how 100% for free throughout all of this time – just how the overwhelming majority of colleagues have simply ignored it.

The business model I cut my teeth on 30 years ago is still used by 99.99% of all immigration practitioners globally today.

Namely, the Industrial Economy professional services business model with smart phones thrown in.

Unreal.

So, when you break down the psychographical elements of an immigration practitioner in respect of innovation in my profession, it’s a case of:

·       What do they believe?
·       What do they do?
·       What do they want?

Believe?

It’s hard to find new clients at scale. There has to be a better way to monetize their expertise. No?

Do?

They rely on word-of-mouth marketing and advertising in all its forms and flounder amongst all the technology noise going on around them (especially those with gray hair). They feel that tech is just running away with them.

Want?

A proven process that works and with it, scale and growth. A proven, risk-free, ideally very low-cost follow-the-arrows formula to adopt and apply.

But unless it comes in the form of a silver bullet, it’s just business as usual.

But now comes along Ai and the game has changed.

Immigration practitioners traditionally have 3 heads of value:

1 – Expert knowledge & know-how
2 – The ability to apply (1) in real life
3 – Accountability for (2)

The Ai machine will usurp (1) leaving only (2) and (3) for monetization. The Industrial Economy business model based on scarcity is dead. The modern immigration practice must focus on (2) and (3) and win the online battle to be found for (1).

Interesting times ahead – watch this space!

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

Posted by The Visa Geeza / in Employment Visas, Your Question Answered / 8 responses

Should you be worried that your employment visa status in Hong Kong might be undermined if you choose to leave the employ of an unsavoury employer?

QUESTION

Hello, my current employer and visa sponsor is a small business, and my working conditions are intolerable – twice the amount of hours than stated on the contract, poor pay, fines for sick days off and unexplained additional fines deducted from my salary without notice nor explanation, plus late payment of salary.

I have been with them for seven months and paid to get here myself.

They have also asked me to lie to the inland revenue to say my contract started two months after it did – because it took me two months to get a free day to go to Macau and activate my visa.

It’s all very shabby.

Three other similar staff have ‘left in the night’ because there is a HK$25,000 fee to leave the contract (plus work two months unpaid, and pay another undisclosed fee for leaving without serving two months notice).

I have another company who will sponsor me and I would like to know if I can release my sponsorship with my present employer myself, or do they have the power to refuse the release and transfer of my visa to another company?

Can they stop me working anywhere else if I walk?

I can not continue working in these conditions, but I do not want to leave Hong Kong and I have other employers waiting.

Am I trapped please?

Thank you very much in advance for any advice you can give. 

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If I Hold an IANG Visa and Leave Hong Kong to Work Overseas Before My 7 Years Are Up, Will I Still Qualify for PR Here?

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

Re-Published 25 February, 2023 – Still Valid Advice

QUESTION

I’m a Chinese National and now working in HK on IANG Visa. 

I have been living in Hong Kong continuously for 6 years (I came here in August 2013, then 1 year study and 5 year work). 

My current IANG visa is valid until July 2022 (all visas are back to back). 

Theoretically I can get my PR if I continue working in HK until Aug 2020, but now there is a very good opportunity for me in the US. 

I read many of your posts and most of them are moving out of HK due to company deployment etc., but for me, I’m going to work abroad on my own will, and not for an HK company. 

What do you think about the probability to apply for a PR next Aug if I came back to HK every two to three months, and keep my MPF, bank account, credit card, etc?

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Updated Pilot Scheme For Visitors To Hong Kong Who Can Work (February 2023)

Posted by The Visa Geeza / in Employment Visas, Visitor Visas / No responses

Updated Pilot Scheme For Visitors To Hong Kong Who Can Work (February 2023)

Hong Kong Government Expands the Pilot Scheme on Immigration Facilitation for Visitors Participating in Short-term Activities in Designated Sectors 

After the Enhancement Measures implemented by the Hong Kong Government (GovHK) starting with December 2022, GovHK) has recently announced the Expansion of Pilot Scheme on Immigration Facilitation for Visitors Participating in Short-term Activities in Designated Sectors.

Following this review and with effect from February 1, 2023, the Pilot Scheme has been expanded to 50 authorised host organisations to cover 12 designated sectors (two new sectors having been added), reaching to a larger list detailed as below:

• Medical and healthcare
• Higher education
• Arts and culture
• Sports
• Heritage
• Creative industries
• Innovation and technology
• The Hong Kong Laureate Forum
• Aviation
• International/mega events
• Finance* 
• Development and Construction*

* Additional sectors with effect from 1 February 2023. 

The list of authorised host organisations and scope of facilitation under the Scheme can be found here, and may be subject to change from time to time.

As a reminder, under the Pilot Scheme, eligible visitors do not need to apply for an employment visa/entry permit to undertake specified short-term activities in Hong Kong. The duration of participation in these specified short-term activities is up to 14 consecutive calendar days, counting from the day of arrival in Hong Kong to participate in the specified short-term activity.

Links:

https://hongkongvisageeza.com/the-hong-kong-government-continues-their-immigration-policy-enhancements/

https://hongkongvisageeza.com/hong-kong-immigration-policy-enhancements-october-2022/

https://www.immd.gov.hk/eng/services/visas/stv.html

Main points:

Expansion of Pilot Scheme on Immigration Facilitation for Visitors Participating in Short-term Activities in Designated Sectors

Hong Kong Government Continuing Immigration Policy Enhancements – December 2022

Pilot Scheme has been expanded to 50 authorised host organisations to cover 12 designated sectors

Proof of labour market testing is no longer required and evidence of academic qualification and work experience is not required for (a) the applicants employed by a well-established (non-start up) company with a total annual salary package (including allowances and other guaranteed earnings) of 2 million HKD or above, and (b) the applicants who hold a bachelor’s degree or higher level obtained from an internationally recognized institution.

Can I Come to Hong Kong as Visitor, Find a Job, Then Change to an Employment Visa?

Posted by The Visa Geeza / in Employment Visas, Visitor Visas, Your Question Answered / 9 responses

First Published June 20, 2012

Down the years a great many foreign nationals arrive in Hong Kong as visitors ‘on spec’ and are able to successfully change their immigration status in order for them to take up employment when a job offer manifests itself here. This question discusses this very issue and provides the answer that a lot of people are asking about.

UPDATE: June 17 2021 – this advice must be understood against the backdrop of COVID restrictions on the entry of visitors to Hong Kong since March 2020 – but otherwise, it holds good.

QUESTION

“Hi Stephen, 

Thanks for getting back to me on Twitter (@xxxxxx).

Basically, my partner has been offered a teaching post, to commence mid-August 2012, so she should be able to get her visa fine.

We are engaged but weren’t planning on getting married any time soon.

I am currently a Senior HR Manager in the US and would like to pick up the same job in Hong Kong, however I will have to enter on a visitors visa and I am worried about being seen looking for recruitment as I know they don’t like it.

If I do this, what happens if I get a job offer?

Can I leave to Macau to then come back into the country?”

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Has the Hong Kong Immigration Department Tightened Up On Applicants With Criminal Records Recently?

Posted by The Visa Geeza / in Employment Visas, Family Visas, Investment Visas, Long Stay & PR, Special Programmes, Visitor Visas, Your Question Answered / 4 responses

Update February 27, 2023

The question of criminal records and how they impact on Hong Kong visa applications keeps cropping up…

QUESTION

Hi, I have previously lived in Hong Kong, once as a student so obviously held a student visa and then a couple of years later working there so had an employment visa.

I’m a Canadian citizen and have a criminal record for theft dating back almost 20 years to my youth! I have no criminal convictions since this time.

With my previous student/employment visas in Hong Kong I don’t even remember being asked if I had criminal convictions.

However, I plan on returning to Hong Kong later this year to work again and am slightly worried immigration may have tightened up and may refuse me on this basis.

Guess my question is, will I be asked about criminal convictions in Canada?

And if I am will it prevent me from being granted an employment visa?

Also, will the fact that I’ve previously lived in Hong Kong twice and held visas there mean they might go easier when granting another? 

ANSWER

Normally the Hong Kong Immigration Department undertake background checks for each applicant to ensure that there’s no known record of serious crime and most visa types in Hong Kong don’t actually require an applicant to make an expressed declaration as to their own personal status as regards to criminal record and their criminal record background.

And so, in the case of your application for employment visa on this occasion, it’s practice presently for the Immigration Department not to seek specific information about your criminal background or otherwise. And in this regard, I don’t think you’ve got anything to worry about.

Secondly, the fact that you have had trouble-free residence previously in Hong Kong, both as a student visa holder once before and also an employment visa holder once before suggests to me that your prior criminal record that notwithstanding, is not going to be an issue for you in relation to this particular application for an employment visa.

So, I wouldn’t be overly concerned about the chances of you being refused because of something that happened deep in your background, and that as I say, never mind that it has been dealt with previously by the Immigration Department to the extent that you’ve been granted resident visas twice before.

So, go ahead and make your application for an employment visa on this occasion, and I wouldn’t be too concerned about your past, which is long behind you coming back to haunt you on this occasion, and I wish you all good luck with your new residence in Hong Kong.

Okay, hope you found this useful!

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