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What’s the differentiating line between a Hong Kong investment visa and an employment visa when investing in the company that is seeking to sponsor-employ you?

QUESTION

I’m from Australia and have been living and working, as a language teacher, in Hong Kong since  December 2014.

I am currently starting up a business with a partner.

I have an employment visa and my business partner has no visa challenge associated with this project – he is married to a local woman.

We are setting up an insurance brokerage based online. We have a business plan and also plan to employ at least 3 members of staff within the next twelve months.

We have a 90% completed website (by developers based in Hong Kong). We are also incorporated in Hong Kong too.

My partner has paid for his 51% equity with a permanent, 5 desk office in  Wanchai and HKD500,000 in cash.  

I am ready to invest HKD500,000 in capital in exchange for my 49% along with my domain expertise and experience. 

I am a qualified insurance professional in Australia and have sat for and passed the relevant exams in Hong Kong, but only really have experience here as a language teacher, so feel that an employment visa would be tough to get from Immigration.

We’re going to attempt to get a Hong Kong investment visa for me instead.

How much would I likely need to invest?  

How likely is it that I will be accepted for such a Hong Kong investment visa?

ANSWER

This is a great question, and I really appreciate you bringing it up. It goes to the core of three key points: your transition to a new business situation, moving from one profession to another for visa purposes, and the investment necessary to convince the immigration department of your eligibility. First, regarding your new business serving as a sponsor, you’ll need suitable business premises, which you seem to have, and a clear pathway to creating local jobs. Additionally, having adequate funding and resources is essential. Given that your website is nearly complete and you have a professional background, it’s likely that your new entity will meet the immigration department’s criteria for sponsorship. Next, let’s address the change of employment category. You’re currently on an employment visa that requires proof of special skills, knowledge, and experience not readily available in Hong Kong. While being an English language instructor can restrict your classification, if you’re qualified in another profession and intend to invest in a business, the immigration department will recognize your capacity to contribute to that investment as valuable. I advise you to invest the approximately half a million dollars you mentioned into the business. This can be through direct capital or loan capital. It’s crucial to demonstrate this investment as part of your commitment to participating in the company’s activities, as it can positively influence the immigration department’s evaluation. Now, regarding your immigration status, it seems you’ve ruled out applying for an employment visa due to the change in work focus. However, since you’re qualified for the work tied to your investment, you’re in a strong position to apply for a change of category from a sponsored employment visa to a business investment visa. Since you own less than 50% of the company, I recommend seeking your company to sponsor you. Although there are no strict rules, the immigration department will evaluate your application through both the employment visa and business investment visa criteria. Given that you’re an existing resident, processing for these applications typically takes four to six weeks, allowing you the flexibility to choose the best route. I would suggest pursuing the employment visa with specific considerations for your status as a shareholder, as this could enhance your chances of success. Overall, your qualifications, investment, and residency status position you well for a successful application. I wish you all the best as you move forward!

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