Hong Kong Visas Made Easy

A Harsh Decision – Why The Hong Kong Immigration Department Will Not Give My Client A Prolonged Visitor Visa

Posted by The Visa Geeza / in Family Visas, Musing, Visitor Visas / 7 responses

Exploring the Reasons Behind Prolonged Visitor Visa Denials for Non-Traditional Couples by the Hong Kong Immigration Department

I’ve written lots and lots previously about same sex partner visa applications for Hong Kong.

To recap, same sex partners who are in a loving committed life partner relationship and who have cohabited previously prior to their relocation here, can expect that the ‘trailing spouse’ will go on to procure a prolonged visitor visa in order for their joint lives to continue whilst their temporary stay in Hong Kong for work or business plays itself out.

What is not commonly appreciated is that the prolonged visitor visa is also the only immigration status available to unmarried heterosexual couples who find themselves in the same predicament – with a twist.

If the Hong Kong Immigration Department are to be persuaded to make an out of policy ‘positive act of discretion’ in respect of a prolonged visitor visa application for heterosexual partners, then those ‘defacto spouses’ must not only be in a loving committed life partner relationship and who have cohabited previously BUT they must also ‘be free to marry, but choose not to’.

Translated: if you are still legally married to a prior partner but, for any given reason a divorce has not yet been finalised, then you can give up all hope of trying to persuade the HKID to grant a prolonged visitor visa to the trailing partner.

OK – nothing new in this to be honest.

It’s the next part that gets strange.

I have a client who is bringing a very substantial business to Hong Kong (several million US dollar investment). He is also a considerable man of means due to prior business success in several other countries previously too.

For very good reasons he has not yet finalised the divorce from his first wife.

However, he has a ‘new family’ with several small children and this new family have lived together in several countries previously for at least the last 10 years.

Hong Kong is just the most recent of their homes as the business of this client is very international in nature and is very high value.

We can readily secure a business investment visa for him and dependant visas for their children.

But we can’t get her a prolonged visitor visa for the reason given above.

This should not be a problem, as we have a good argument for a prolonged visitor visa on the basis of the fact that she needs to be in Hong Kong to care for their children.

However, much to my surprise (and dismay) the HKID told me today that, due to her nationality (90 day visitor)  and also that this client had previously explained the current state of his divorce proceedings (should take another 12 months to complete) they are not prepared to make a positive act of discretion and grant her a prolonged visitor visa to be in Hong Kong through such a time that the divorce is finalised.

Their logic is that she will receive 90 days as a visitor upon each arrival and that, if the border Officer is appraised of the circumstances of her long term need to be in Hong Kong with their children whilst the activities to create the conditions (i.e. the divorce) empowering an upgrade in her immigration status are ongoing, practically, my clients’ lives shouldn’t be unduly inconvenienced especially if the normal pattern of their lives see them making an exit and an entry from Hong Kong reasonably frequently.

Moreover, we always have the option of making the occasional application for an extension to her visitor visa at Immigration Tower on the basis that their ‘normal’ travel plans as a family see her being in Hong Kong for more than a 90 day stretch.

These factors, to their mind, suggest that an out of policy positive act of discretion is not required.

So, go figure.

I have – and I am going to suggest the Capital Investment Entrant Scheme (HKD10 million investment in certain Hong Kong asset classes) instead.

It’s crazy that the Department are not prepared to play ball in this instance.

They are obviously a family, have dealt with immigration challenges in several countries previously and each time come up with an acceptable outcome.

In this case, Hong Kong comes out looking regressive and bureaucratic, not positive and forward looking. And it saddens me.

It’s only a visitor visa after all. All they want is to be free of administrative brouhaha.

The irony is that this client could, conceptually, determine to pull his plans for Hong Kong – and with it dozens of very well paid professional jobs for Hong Kong locals.

He doesn’t need to be here. Singapore is an option.

The  HKID get it right the vast majority of the time. In this instance, they are dead wrong.

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What Do Both Hong Kong Employment & Investment Visa Applications Share In Common?

Posted by The Visa Geeza / in Employment Visas, Hadley Says…, Investment Visas / 15 responses

The approvability tests for both employment visas and investment visas, whilst fundamentally different, call for an examination of the applicant’s special skills, knowledge and experience which can be said to be of value to Hong Kong.

In the case of an employment visa, the focus is squarely on the personal profile of the applicant, while in an investment visa application, the background of the applicant is only a minor part of the consideration exercise.

You see, for an investment visa, the approvability test looks for proof that the applicant can make a substantial contribution to the economy of Hong Kong.

A small part of this is the applicant’s track record in business, meaning his skills, knowledge and experience which can be deployed to ensure that the business stands a good chance of becoming a solidly entrenched commercial enterprise.

The major part of the investment visa approvability test, though, is the business itself the funding available, commerce in hand and the potential for the creation of local jobs.

But in the case of an employment visa, the quality of the applicant’s CV is vital.

For an investment visa, you can have almost no experience in prior business ownership and still get approved.

For an employment visa, however, no related experience usually no means no visa to boot.

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Why Do The Immigration Department Prefer A Limited Liability Company To Underpin A Hong Kong Investment Visa Application?

Posted by The Visa Geeza / in Hadley Says…, Investment Visas / 4 responses

This post deals with the reasons why the Immigration Department favors limited liability companies in the process of Hong Kong investment visa applications.

Conceptually, it is possible to promote an application for a Hong Kong investment visa if you have entered into either a partnership at will or a sole proprietorship business in the HKSAR.

But what the Hong Kong Immigration Department make of this is arguably not going to do your case any favours!

You see, the Immigration Department systems are geared towards the Hong Kong incorporated limited liability company as the preferred business vehicle for your time spent in Hong Kong as a business investment visa holding foreign entrepreneur.

Indeed, all of their standard communications and documentary requisition lists detail the exact papers availed when your business has been duly established as a limited liability company here.

Even though establishing a sole proprietorship or partnership at will is just a simple matter of applying (and paying) for a Business Registration Certificate issued by the Inland Revenue Department, by not formally incorporating your business in Hong Kong, you are sending a message to the Department about your level of sophistication as you prepare to undergo your act of investment here.

The Hong Kong Immigration Department might conclude that you’re simply trying to do business ‘on the cheap’ – which is the antithesis of what the they expect to see when considering an investment visa application.

Remember, businesses on a shoe string struggle to get approved.

If you can’t afford to incorporate, the question really is begged, as to whether you’ll actually get an investment visa after all.

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I Will Only Be Working In Hong Kong For 6 Weeks – Should I Bother Getting An Employment Visa?

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

Hong Kong immigration law is very clear about the need for foreign nationals to secure permission to work in Hong Kong via applying for an employment visa.

If you intend to come here to take up employment, paid or unpaid, for long or short duration, for a local or an overseas employer, you need to secure the consent of the Director of Immigration.

This means that you have to make an application for an employment visa, before you arrive in Hong Kong to commence the employment.

The Hong Kong Immigration Department are very familiar with the need for foreigners requiring such short term temporary employment visa consents and will work earnestly with you to try to finalise such applications as quickly as possible, even anticipating round-pegs-in-square-holes quirks over such issues as a valid sponsor and the employing entity.

So, whilst most foreign nationals secure a 90 day or even a 180 day visitor visa upon arrival in Hong Kong, undertaking  any work  on such a visitor visa will be a breach of your conditions of stay and will make you, and other  person party to such an employment, vulnerable to prosecution for a breach of conditions of stay.

There’s no need to be concerned about getting the employment  visa so don’t be hesitant (or lazy) in applying.

Start the process at least  4 weeks before you’re due to arrive, fully disclose your intentions and objectives and let the HKID take a view and ensure that you’re compliant with Hong Kong law whilst you’re on the job here.

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What Visa Category Do You Think You Need For Hong Kong?

Posted by The Visa Geeza / in 60 Second Snapshot, Employment Visas, Family Visas, Investment Visas, Special Programmes / 11 responses

Choosing the Right Visa Category: What You Need to Know Before Applying for Visa in Hong Kong

It is important to understand that Hong Kong is quite different, from an immigration perspective, than most other jurisdictions as residence visas are only available to foreign nationals to accommodate their specific reason for wishing to live in Hong Kong.

There are no ‘quality of life’ immigration programmes here like there are in countries such as New Zealand, the UK, Australia or Canada that allow you to apply for temporary or permanent residence simply because you like the place.

So, if you want to secure a visa for Hong Kong you need a rationale – and then you apply for a visa to pursue that rationale.

For example, if you wish to study, you apply for a student visa.

If you wish to take up employment, you need an employment visa – and a job offer before you make an application.

If you want to establish or join in a business, you need an investment visa.

If you wish to passively invest, you use the Capital Investment Entrant Scheme or if you believe you are a top notch talent you can apply under the Quality Migrant Admission Scheme.

If you’re here to join your immediately family, you secure a dependant visa.

And so on….

Consequently, your immigration options in Hong Kong are quite limited and are anchored squarely to the specific rationale.

There really is no visa type that is catch-all or ‘best suited’ to you. At the end of the day, you have to decide why it is that you wish to be in Hong Kong, and apply for the exact visa that correlates with that rationale.

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How Can A Foreign National Permanent Resident Of Hong Kong Get A HKSAR Passport?

Posted by The Visa Geeza / in Hadley Says…, Long Stay & PR / 53 responses

The HKSAR passport is an excellent travel document affording visa free privileges to travel to and visit some 150 countries worldwide.

If you are a foreign national permanent resident of Hong Kong you can consider, if you so desire, applying for a HKSAR passport, usually if your present country of origin does not offer you a convenient means to travel, needing visas for most any place that you might like to visit on a regular basis.

In order to do this you must first naturalize as a Chinese citizen and in the process relinquish your current citizenship as Chinese nationality law does not recognize dual nationality.

Broadly speaking, becoming a Chinese citizen means that you have to have some connection to China, possibly via marriage or an ability to speak Chinese, possibly own a business on the Mainland or have property there or in Hong Kong.

The rules are not hard and fast and very many non-ethnic Chinese applicants have been successful in their applications and so it is certainly worthwhile giving it a shot if Hong Kong is very much the only place you can possibly now call home.

There are mechanisms in place such that you do not find yourself stateless, giving up your current nationality before having Chinese nationality confirmed, and the process involves both the Hong Kong Immigration Department nd also the consulate of your current nationality.

Changing nationality is a serious matter and should not be pursued lightly.

However, once your Chinese citizenship is conferred, your ability to secure a HKSAR passport is a right afforded  by law and the process of issuing the document is just a simple application exercise.

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What Do You Need To Do If There Has Been A Change In The Details Of Your Hong Kong Employment Visa Sponsor But No Change In Your Employer?

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

Important Steps to Take When Your Hong Kong Employment Visa Details Change

Sometimes, though not very often, the corporate entity sponsoring an employment visa for a foreign national employee working in Hong Kong, may undergo a reorganisation or a repositioning in relation to its operations here and, consequently, it can be no longer said that the party serving as the sponsor of the original visa permissions, is the party that is actively engaging the services of the employee nor indeed (possibly) even carrying on a business in the HKSAR any longer.

An example of this could be where a foreign company sets up an entirely new commercial operation in Hong Kong and transfers an employee from their overseas business to oversee their market entry activities here.

As part of this exercise, the company will have applied for and secured an employment visa for their inter-company transferee staff and the business is now well and truly off to the races.

However, soon after, the advisors in the home country realize that the manner in which the Hong Kong entity has been established is not advantageous for taxation purposes and seek to reconfigure the international group structure before the business goes too far down the commercial path it is treading.

Consequently, they decide to incorporate a new, alternate Hong Kong entity, owned and configured in a fashion that is different from that disclosed to the Hong Kong Immigration Department at the time that its bona fides as a suitable sponsor for foreign national employment visa permissions was being established when the inter company transferee visa approval was granted to their first staff in Hong Kong.

In this situation, the employee and employer have an obligation to report these material change in circumstances to the Immigration Department and, in the process, undergo what is known as a Technical Change of Sponsorship application.

This requires the employer and the employee reporting the facts of what has gone on corporately, submitting information setting out the details of the change in sponsoring entity and also evidence that, for all practical purposes, the terms and conditions of the sponsored employee’s employment in Hong Kong have not changed at all as a result of this international corporate reconfiguration.

This type of application usually takes 3-4 weeks to finalise and is processed via the Resident’s section on the 5^th floor of Immigration Tower down in Wanchai.

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