COVID CHRONICLES

Hong Kong Visas Made Easy

26

Jan 2022

Can a Non-Graduate Get a Hong Kong Work Visa to Work as a Language Teacher?

Posted by / in Employment Visas, Refusals & Appeals, Your Question Answered / No responses

Hong Kong  work visa to work as a language teacher but no degree?

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The challenge of securing a Hong Kong work visa for language teachers is rife with contradictions. This question speak to what might work in the very unusual set of circumstances posed.

QUESTION

“Hi, one of my friends has just recommended you guys to me so I decided to write about my case to see if there is something I can do. First of all, here’s a bit of information on my current situation.

I came to HK approx. 2 years ago to continue my studies. I got into university and studied for 18 months (the student visa was not a problem at all), then for some strong reasons I had to withdraw from university. That was almost six months ago. Then, I went back to my home country and came back. Since then I have been living with my boyfriend in HK and I’ve been trying to get a job. but even that I have got some offers none of the companies have been able to get me a working permit. I’d like to point out that I had to travel outside HK a couple times to renew my tourist visa.

I recently had an offer to teach French at a small learning centre which just opened around 7 months ago. I got plenty of experience teaching but I don’t have a certificate or relevant studies on this matter. Although, I studied a higher diploma and I got a couple of university certificates, one in Computer Studies (2nd year – Hong kong) and also I studied Business management (3rd year – Montreal).

Long story short, I would like to work in HK for some time and then get back to school. What could you recommend me in this case? Do you think there is a chance for me to get the visa permit for this job? The centre does not know the procedures to follow in a case like this. I hope you can help me to get this through.

Thanks!”

Related Post Referenced in the PodCast 

The seven things an employer needs to know about getting a Hong Kong employment visa for foreign national staff

More Stuff to Help You Along

What happens if you inadvertently breach your conditions of stay by taking up an unauthorized employment in Hong Kong without first applying for a change of sponsorship?

The perils of contriving a job offer just for the purposes of a Hong Kong employment visa application

100% visa application success rate? Take it all with a pinch of salt

Is it better to apply for your visa before or after you relocate to Hong Kong?

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23

Jan 2022

Hong Kong Working Visas – Is it Possible to Build a New Business Here Relying Solely on Highly Specialist Foreign National Skills and Talent?

Posted by / in Employment Visas, Your Question Answered / 5 responses

Hong Kong working visas – what would the Hong Kong Immigration Department make of  a new, highly specialised business who’s fundamental ability to exist was driven by the need to import unique foreign national skills and talent?

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QUESTION

Hi Steve, two questions really.

First, I’ve recently set up my own business in a specialised area (Wildlife Management Consultancy) and have been getting requests by post grads that I’ve lectured to working in this field who are from abroad as to whether there are any intern slots available.

I’ll need some help in developing the business and wondered whether there was a particular working visa that could satisfy this visa query?

I looked on  the Immigration Department website and nothing sprung to mind.

Secondly, I heard you talking about difficulties in F&B getting professional status for potential employees (normally only chefs).

If I’m to grow the business I need help & there are some people I’d like to approach who have very particular set of skills (habitat conservation, species migration, specialist animal handling skills, etc) that I would want them to have.

Supposing I could offer a position to that special somebody, is there a working visa that this person could get?

If I only can rely on Hong Kong employees I can’t see the business model working.

More Stuff You Might Find Interesting or Useful

Is 50 days a particularly long time to process a Hong Kong working visa application?

Can you continue to work if you find yourself in the Hong Kong visa extension ‘Twilight Zone’?

Can a Hong Kong training visa be used as a stepping stone to a full employment visa?

New graduate management trainee position – can you get a Hong Kong employment visa to take up this role?

How do you go about changing your Hong Kong working visa sponsorship down at Immigration Tower?

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21

Jan 2022

What’s a Suitable Hong Kong Visa & Immigration Strategy for a Highly Accomplished Professional Trailing Unmarried Partner?

Posted by / in Employment Visas, Special Programmes, Your Question Answered / 8 responses

A suitable Hong Kong visa & immigration strategy for a highly accomplished professional trailing unmarried partnerSMALL-keep-calm-and-ask-the-visa-geeza

It’s only natural to wish to iron out all the immigration wrinkles prior to a relocation to Hong Kong when you’re joining your loved one who’s transferring here. This question provides a great opportunity for a discussion of the various options available.

QUESTION

I have been offered a job with a large multinational company in Hong Kong which I have accepted.

As my girlfriend and I are not married the company are unable to help with her visa. We plan on moving there indefinitely.

She is however a highly skilled architect and scores 110 on the General Points test for the Quality Migrant Admission Scheme visa.

Are they currently accepting architects in this capacity?

What are the chances of the visa being approved?

We would also like to ask, can you apply for 2 visas? Eg. Working visa and Quality Migrant visa at the same time?

How long does it usually take to have a working holiday visa approved?

If you receive a holiday working visa can you then apply for a Quality Migrant visa whilst you are living in Hong Kong under a working holiday visa? 

More Stuff You May Find Useful

What type of visa do you think you need for Hong Kong?

I’m a British national accompanying my girlfriend to Hong Kong to 2 years – what kind of visa can I get to join her?

It’s Official – 77 % of all QMAS visa go to Chinese nationals!

Finally, ImmD shed some light on what constitutes ‘Talent’ in a QMAS application (3 case studies)

Is there such a thing as an ‘Occupations-in-Demand’ list for the Quality Migrant Admissions Scheme programme?

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18

Jan 2022

Can I Use An Online Marriage Certificate to Get A Hong Kong Dependant Visa?

Posted by / in COVID CHRONICLES, Family Visas / No responses

Can I Use An Online Marriage Certificate to Get A Hong Kong Dependant Visa?

Broken hearts be what they are.

This sort of enforced separation from your loved ones in Hong Kong has meant that the Immigration Department in recent times have had to consider applications for dependent visas from people who have been married online.

Before COVID online marriages were simply not accepted by the Immigration Department. About 18 months ago, I saw the first instance of a marriage certificate being put forward as the basis of a dependent visa application for a couple who were  forced to progress their nuptials online.

Since then there have been a couple of other instances where the Hong Kong Immigration Department have been willing to positively consider recognizing the online marriage legally, in recent weeks, at least.

But as I say, 18 months ago, their response was they were having none of that.

Indeed, until about four or five months ago, I was still seeing instances of the Immigration Department really dragging their heels as to whether or not they were going to recognize these online nuptial celebrations as being representative of a legal marriage that is fit for a grant of dependent visa.

However, in the last few weeks, I’ve seen two separate instances of ImmD playing ball, indeed, I had one lady who was not a client, but we came across her on a Facebook group and she very kindly shared with us her experience that she’d had with her own online marriage to a Hong Kong permanent resident that the Immigration Department we’re happy to accept the marriage certificate for and my colleague, in the meantime, has done an application where an online marriage certificate was also accepted by the Immigration Department.

What it seems to boil down to is this, the ease and convenience of being able to get your nuptials legally acknowledged through an online ceremony, typically through Utah means that there is a kind of a temptation for people just to you know, go ahead and just deal kind of like a Las Vegas  marriage psychology to it, which would suggest to the Immigration Department that if they’re going to recognize this legal marriage, for the purposes of the term dependent visa, they’re going to drill really deeply down into the genuine nature of the relationship.

The two instances that we’ve had direct experience of in last few weeks, one relationship was clearly documented, for seven years, and the other relationship was clearly documented well for five years (there also being a child in the marriage).

So it’s obvious in those circumstances that the relationship is genuine.

All the other criteria for grant of dependent visa have to be positively addressed to0 needless to say: you need the Hong Kong resident sponsor to be able to show that you can put a roof over your partner’s head and food on your partner’s table.

But otherwise, if there is a genuine relationship, it’s through that as the marriage is being recognized through one of two online marriage celebration services as it were, I’ll put links in the in the blog post that this video accompanies so that you can see what that’s all about if you’ve got if your relationship is genuine and COVID has forced you, not having other circumstances available to be able to do it the traditional way with your family and friends all around you.

The Immigration Department at this point in time appear to be playing ball.

Links FYI:

https://www.utahcounty.gov/Dept/clerkaud/PassMarr/MarrCeremony.asp

https://theamm.org/articles/459-utah-becomes-first-state-to-allow-international-virtual-zoom-wedding-for-partner

More Stuff You May Find Useful or Interesting

What type of visa do you think you need for Hong Kong?

I have an employment visa and want to bring my girlfriend to Hong Kong – options please?

What are your Hong Kong visa options if your marriage has irretrievably broken down and you hold a dependant visa?

I am an independant contractor not an employee – can I get an employment visa as an inter-company transferee?

Extending your Hong Kong dependant visa after divorce

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15

Jan 2022

Hong Kong Permanent Residency Approval With 2 Year Absence From Hong Kong!

Posted by / in Case Study, Long Stay & PR / 20 responses

First Published: December 8, 2013

This case study details a Hong Kong Right of Abode application where our client had, due to ill health, unexpectedly spent more than two years away from Hong Kong during the 7 years of continuous ordinary residence needed to lawfully establish permanent residency in the HKSAR.

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Winning the right of abode in Hong Kong in record time – just 4 days!

The twists and turns of an unusual Hong Kong permanent residency application

User-friendly templates for a Hong Kong right of abode application

How can I prove 7 years residency for my Hong Kong right of abode application if I do not have any old tenancy agreements copies?

How to apply for the right of abode in Hong Kong without any professional help – are you truly settled in Hong Kong?

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12

Jan 2022

Can I Extend The 3 Years Needed To Keep My Right of Abode in Hong Kong?

Posted by / in COVID CHRONICLES, Long Stay & PR, VG Front Page / No responses

Can I Extend The 3 Years Needed To Keep My Right of Abode in Hong Kong?

Probably three or four times a week, I’m getting the same email these days.

Those emails are coming from permanent residents of Hong Kong who have been absent or are coming up for being absent from Hong Kong  continuously for three years because of COVID.

And the question always is:

Can the Immigration Department make an exception for those foreign nationals who originally secured permanent residency after seven years continuous ordinary residence, but for one reason or another, find themselves away from Hong Kong during COVID times for this extended period of three years?

Namely, any chance of them being able to get some sort of waiver or other dispensation due to the challenges that COVID is bringing to everyone’s ability to get back to Hong Kong quarantine free?

Unfortunately, the Director of Immigration doesn’t have the power to waive the one-in-3-year-rule as the Right of Abode is an instrument of the Basic Law.

This means that unless and until as a permanent resident in Hong Kong, the foreign national permanent resident of Hong Kong you have been physically present in Hong Kong on at least one occasion any three year given period, you will be by operation of law automatically downgraded to the Right to Land in the event that you are unable to get back here for the one in three year criteria.

So what does that mean in real terms?

Well, actually, the Right to Land downgrade that occurs, while sits, you know, disappointing in order to say something positive about that bottom line is that the rights that accompany the right time, that’s the right to work, the right to respond to family members who are dependent loses the right to sponsor, elderly parents who depend on these as some of the other rights that accrue with the Right of Abode are not lost. You do not have the right not to be deported, but you can’t be removed from Hong Kong.

Functionally, the Right to Land is the same as the Right of Abode, albeit you can be deported.

The difference for the most part practically falls to whether or not as a permanent resident holding the Right of Abode you can qualify for things like the scheme HKD6000 and other free money giveaways that the government occasionally avails to Hong Kong to permanent residents.

It’s those types of things but in a very pure practical sense, if you are downgraded to the right to essentially it means you can come back to Hong Kong at any point in the process and pick up your life from wherever you left it off. You don’t need any permission of the Hong Kong Immigration Department to do that.

And seven years of continuous on residence later, you can then subsequently apply for Right of Abode once again.

More Stuff to Help You Along

The perils of contriving a job offer in order to make an employment visa application in Hong Kong

Is there such an animal as a ‘flexible working visa’ for Hong Kong?

How to get a Hong Kong working visa automatically with no questions asked!

Can I study then get married all whilst holding an employment visa for a company I no longer work for?

Is it ever OK to work in Hong Kong on a visitor visa?

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10

Jan 2022

Can I Still Sponsor a Hong Kong Dependant Visa for My New Wife If I Hold an Employment Visa But Am Presently Between Jobs?

Posted by / in Employment Visas, Family Visas, Your Question Answered / 2 responses

What will ImmD make of an application to sponsor a dependant visa by a Hong Kong employment visa holding foreign national who doesn’t presently have a job here?

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QUESTION

I am in between jobs (currently on an employment visa in Hong Kong) and plan to get married soon (outside HK).

I would like to arrange for my wife to be in Hong Kong post marriage.

As I understand the broad guidelines are to be able to provide for food and shelter.

Can you tell me if being in between jobs is considered to be a negative point when i apply for my wife’s dependent visa here?

Have/can such cases be rejected by the Hong Kong Immigration Department on the basis of being in between employment?

Thank you!

More Stuff You May Find Useful or Interesting

Should you ever get married just for Hong Kong visa purposes?

How can my FDH visa holding fiance transition into a dependant visa with 6-12 months to go before we are due to get married?

Is it ever possible to convert a FDH visa into a Hong Kong employment visa?

Why applying for a Hong Kong foreign domestic helper visa for your girlfriend is not a good idea

I have an employment visa and want to bring my girlfriend to live with me in Hong Kong – options please!

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