Can The Sponsor Of Your Hong Kong Employment Visa Hold Your Residence To Ransom?

Posted by The Visa Geeza / in 60 Second Snapshot, Employment Visas / 3 responses

Many foreign nationals holding Hong Kong employment visas labour under the misapprehension that their employer somehow controls their immigration destiny by virtue of the fact that they sponsor their residence in Hong Kong.

Nothing could be further from the truth!

This is a common misconception amongst foreign workers, especially if they find themselves in some kind of pay dispute or other point of conflict with their current employer, the sponsor of their existing employment visa for Hong Kong.

An employer sponsoring your employment visas cannot use the fact of their sponsorship to hold a gun to your head. The visa belongs to you, not them. They are just responsible for the sponsorship.

The employer’s obligation throughout the entire employment visa process is as follows:

(a) They must show they are justified, as a business, in engaging your services rather than those of a ‘local’ person.

(b) They must pay you at least market rate for the work you are doing for them and at a level commensurate with the minimum required for employment visa approvability.

(c) They must agree to sponsor your application by executing the official employment visa sponsorship form in your favour.

If the relationship sours for any reason and your employment terminates this is what happens to your visa:

• Your privilege to work ceases. You can no longer engage in any employment without making a new application to the HKID first.

• Your privilege to reside continues. The HKID will ordinarily allow you to remain in Hong Kong until your current limit of stay expires, whereupon you are required to leave Hong Kong. In the meantime, this usually affords you the time you need to take stock of your affairs and get yourself back in the driving seat en route to a new employment in Hong Kong.

Your continuing privilege to reside in the HKSAR includes the ability to look and interview for new a job and, if you are so minded, to begin the preparations for possibly starting your own business instead. Either way, so long as you do not actively start working for a new employer or join in a new business before the Director of Immigration has granted his permission for you to do so, the fact that your ex-employer is no longer sponsoring you is neither here nor there in regards to your continuing residence in Hong Kong.

The HKID do not engage in any blame games as to why a sponsored employment has come to an end and only look forward not backwards – so don’t be intimidated by an errant employer who believes they have some kind of leverage over you as the sponsor of your employment visa. The reality is, they have no such leverage whatsoever.

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QOTW: My Husband Wants To Leave But I Want To Stay – Can I Remain Behind On My Hong Kong Dependant Visa Indefinitely?

Posted by The Visa Geeza / in Family Visas, Your Question Answered / No responses

So what options are available to Hong Kong dependant visa holding foreign nationals when their spouses are leaving Hong Kong and they want to stay?

QUESTION  OF  THE  WEEK

I am here on a Hong Kong dependent visa with my husband.

He is planning to leave his employment in Hong Kong and return to his home country but I am thinking of staying for a couple more years.

What happens with my dependent visa (limit of stay expires in the middle of  2016) when he quits his job and leaves Hong Kong next month?

Can I, too, use my consents to reside in Hong Kong even though only via a dependent visa to look for an employer to then change my visa status?

ANSWER:

Your existing dependent visa allows you to remain in Hong Kong under the same conditions you enjoyed while living with your husband. If your visa is set to expire later this year and your husband is leaving in about a month, you can still stay in Hong Kong under the permissions of your dependent visa. This means you are allowed to seek employment, accept job offers, or even start a business.

Once your dependent visa expires, you will need to apply to the Immigration Department to change your status. You’ll need to provide a rationale for your continued stay in Hong Kong, which in this case would relate to your employment that was permitted under your dependent visa.

When considering your application, the Immigration Department will assess whether you possess special skills, knowledge, or experience that are not readily available in Hong Kong. Generally, if your work is of a professional nature and it’s evident that no local individual could reasonably be expected to fill the position, you may be granted an employment visa to remain in Hong Kong after your dependent visa expires.

I hope this helps!

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Hong Kong Entrepreneur Visa (Business Investment) – A Practical Guide

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

The Hong Kong entrepreneur visa (business investment) is arguably the most challenging immigration status to acquire in the HKSAR…

On March 21, 2014 I gave a presentation at the Chinese Club entitled Business Immigration to Hong Kong – A Practical Guide. Although more than a decade has passed, the information remains relevant today because the underlying rationale and requirements for the Hong Kong entrepreneur visa have not changed.

In this section of the talk, I talk about  the Hong Kong entrepreneur visa (business investment) and set out how to go about getting one, but in big lines, obtaining approval for an investment visa is one of the most challenging tasks in the realm of Hong Kong immigration. Your goal is to pass the approvability test and clearly demonstrate to the Hong Kong Immigration Department that you can significantly contribute to the overall economy of Hong Kong.

To start, you need to craft a compelling business investment narrative and possess the skills to present it effectively. One useful approach is to envision yourself persuading a wealthy, self-made relative to financially support your business plan for Hong Kong.

After sharing your detailed plans, would you believe that he would choose to invest his hard-earned money to help you launch your venture in the Hong Kong Special Administrative Region (HKSAR)? This mental exercise serves as a barometer for how the Immigration Department may perceive your story. If your uncle wouldn’t be convinced, what makes you think the HKID will be?

Assuming your narrative is strong, you then need to consider the three critical components—what I refer to as the “approvability stool”—necessary for securing an investment visa approval: 1. Will you create local employment opportunities in the near future? 2. Are you planning to secure appropriate business premises right from the start? 3. Do you have real capital to invest, as this visa type inherently requires financial investment? Whether your available investment funds are modest or substantial, the HKID will also expect to see a range of additional resources you plan to utilize in your proposed Hong Kong business. This can include partnerships, confirmed business engagements, exclusive contracts with successful companies, bank guarantees, and endorsements from local businesses or notable figures, as well as a proven track record of personal and business achievements—essentially any resources that will help set your business on the path to success.

There are also two essential elements present in every investment visa approval we have facilitated over the past 20 years: an unwavering commitment to your venture and an evident entrepreneurial spirit. This drive is abundant in Hong Kong and serves as a benchmark against which all investment visa applications are evaluated by the HKID. If you lack enthusiasm for the potential success of your new business, regardless of how well-resourced it may be, this will undoubtedly reflect in how you present your narrative and manage your application. Therefore, think big, communicate confidently, substantiate your claims with strong documentation, and ensure your application is handled promptly.

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Can You Continue To Work If You Find Yourself In The Hong Kong Visa Extension Twilight Zone?

Posted by The Visa Geeza / in Employment Visas, Hadley Says… / 3 responses

This post helps you understanding your employment rights and options during visa extension status in Hong Kong

You may, on occasion,  find yourself in that strange situation where your current employment visa has expired, you are still employed by your employer of record but your employment visa extension application has not yet been finalized.

So, the question is, can you still work when you find yourself in this kind of twilight zone between old and new visa approvals.

The answer is yes, just so long as you have your extension application in the system and your continue to work for the employer who is the sponsor of your recently expired employment visa.

The situation is different, however, if your last employment visa has expired and your application to take up an employment with a new employer is currently being considered by the Hong Kong Immigration Department.

Until this change of sponsorship application is finalized, whether you’re in the twilight zone or not, you are not lawfully employable and so should not commence any of your new employment duties until the permission of the Director of Immigration has been secured.

(Which normally takes between 4 and 6 weeks assuming all your documentary ducks are lined up at the time you commence your application).

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I Hate My Boss & Want To Leave My Job – What About My Employment Visa For Hong Kong?

Posted by The Visa Geeza / in 60 Second Snapshot, Employment Visas / 13 responses

In actual fact, your employment visa permissions belong to you, not your employer as they are just the sponsor of your immigration status, not the final arbiter of whether you can remain in Hong Kong or not.

Only the Hong Kong Immigration Department hold this power.

If you find your position with your employer untenable and determine to leave your job, effectively, your permission to work ceases at the point of you terminating your employment, but your consents to reside in Hong Kong continue until the Immigration Department tell you otherwise OR your current limit of stay expires.

Consequently, you should write to the HKID and advise them of the change in your circumstances and at the same time let them know about your new intentions in the wake of leaving your job.

It is lawful activity to look for an alternate employer under this scenario, as is interviewing and accepting an offer of employment. But it is NOT lawful to start working for a new employer until you have secured the permission of the HKID to take up that new employment.

To go on to get these permissions, you to make an application to change your employment visa sponsor, which should 4 – 6 weeks to complete after you have submitted your application in light of your new offer of employment.

However, it is important not to assume that your application will automatically be approved as you still need to pass the employment visa approvability test in respect of that alternate employment and for all practical purposes the Immigration Department will treat such an application as an entirely new one.

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What About Your Hong Kong Employment Visa If You’re Thinking Of Changing Jobs?

Posted by The Visa Geeza / in Employment Visas, Hadley Says… / 1 response

It happens all the time. You get an employment visa to work in Hong Kong for one employer – then your circumstances change and you want to take up a position with another.

The question is – what about your visa?

Is it OK just to swap jobs without doing anything down at Immigration Tower?

As a sponsored foreign national employment visa holder, it is unlawful to work for any employer other than your current sponsoring employer.

So, if you want to take up another employment, you need to undergo what is known as a ‘change of sponsorship’ application.

This, in many ways, is just like making an entirely new visa application.

The approvability test challenges are essentially the same.

The employer must be justified in seeking to employ a foreigner.

The jobs generally must be ‘like for like’.

The mere fact that you presently hold an employment visa does not in any discernible way advantage you in a change of sponsorship  application although, the longer you’ve lived in Hong Kong, the more likely the Immigration Department will buy into your argument – just so long as you can continue to demonstrate special skills knowledge and experience of value to and not readily available in Hong Kong.

Most often perfectly ‘do-able’ – just no shoe in!

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Unemployed Employment Visa Holders Can No Longer Change To Top Talent Pass Visa Status

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

Unemployed Holders of Employment Visas Are No Longer Eligible to Change to Top Talent Pass Visa

Focus Appears To Be On Attracting New Talent & Not Enabling ‘Out of Luck’ Existing Talent

 – Click To Download The Guidebook – 

In late 2024, the Hong Kong Immigration Department implemented significant yet understated modifications to its Top Talent Pass Scheme (TTPS). These changes have notably impacted the eligibility and application processes for individuals seeking to transition from General Employment Policy (GEP) visas to TTPS status.

Evolution of the Top Talent Pass Scheme

Introduced to attract high-calibre professionals to Hong Kong, the TTPS initially allowed seamless transitions for GEP employment visa holders who met specific criteria:

• Category A: High earners with an annual income of HKD 2,500,000 or more.
• Category B: Top graduates with recent work experience.
• Category C: Top graduates with limited work experience.

This framework enabled GEP visa holders to switch to TTPS status by satisfying the relevant category requirements, offering a two-year period during which they could engage in various employment activities without immigration constraints.

Unintended Consequences

While the TTPS aimed to infuse new talent into Hong Kong’s workforce, it inadvertently provided existing visa holders with a temporary solution to impending visa expirations, especially for those facing unemployment. This loophole allowed individuals to extend their stay without newly contributing to the local talent pool, counteracting the scheme’s original intent.

New Qualification Criteria

To realign the TTPS with its primary objective of attracting fresh talent, the Immigration Department have now introduced a two-stage qualification process for current GEP employment visa holders and Quality Migrant Admission Scheme (QMAS) residents seeking TTPS status:

1. Stage 1: Applicants must obtain implied consent from their current employer to transition to TTPS status. This involves demonstrating the ongoing existence of the sponsoring employer’s business and the continuation of employment under the GEP employment visa at the time of application.
2. Stage 2: Applicants must meet the standard TTPS criteria under Category A, B, or C.

This revised process ensures that only individuals with active employment and sponsoring-employer support can transition to TTPS status, thereby enhancing the scheme’s integrity.

More Scrutiny

In response to reports of organized fraud, particularly involving falsified academic qualifications from Mainland China, the Immigration Department has intensified its vetting procedures. All claims of qualifying degrees now require third-party verification, adding extra expense to the process, and there is an increased emphasis on validating evidence of claimed work experience. These measures aim to prevent fraudulent applications and maintain the scheme’s credibility.

Implications

The tightened regulations underscore the HKSAR government’s commitment to attracting genuine talent while preventing exploitation of the system. Prospective applicants should be prepared for a more rigorous application process, including securing employer consent and undergoing thorough verification of qualifications and experience.

Last Words

The recent changes to the Top Talent Pass Scheme reflect Hong Kong’s dedication to maintaining a robust and dynamic workforce by ensuring that immigration policies effectively attract new talent and prevent misuse by existing visa holders. As the city continues to position itself as a global hub for talent, these measures are crucial in upholding the integrity and purpose of its immigration schemes.

For more detailed information on the recent updates to the TTPS and QMAS, refer to the official press release by the Hong Kong government.

Additionally, insights into the government’s efforts to combat the use of false information in visa applications can be found in this news article.

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