New Content Daily Sign Up Here

Once you have persuaded the Hong Kong Immigration Department of your ability to make a substantial contribution to the economy of Hong Kong and have been granted an investment visa, can you then argue, after the fact, that actually, you have no practical need to establish office premises of your own after all?

PRACTICE UPDATE: How the content must now be read in light of current ImmD policy:

The historical tolerance discussed in this post—allowing early-stage founders to leverage serviced business centres, hot desks, virtual registered offices, or flexible co-working spaces—has been completely rescinded. Under the hardened assessment rules, ImmD strictly requires dedicated physical commercial substance, colloquially termed “four walls,” with exclusive physical possession. Case officers now routinely issue detailed questionnaires demanding executed commercial lease agreements, architectural floor plans, exterior/interior photo documentation showing corporate signage, and utility bills under the corporate name. Operating from shared memberships or serviced suites is now treated by adjudicators as prima facie evidence of an under-capitalized, asset-light venture lacking genuine local commitment.

QUESTION

I started a business and got a Hong Kong investment visa 2 years ago. During that period, I have worked as an independent consultant for the same financial services company. I work full time on-site at this office. I have not had my own office during this period.

I have reapplied for a Hong Kong investment visa successfully twice, and each time Immigration only granted me a one-year visa, each time subjecting me to business review the following year (including this year). They warned me I need to better prove I am contributing to the local economy, by having my own office and hiring local employees.

My question is this – do I really need to rent an office? I will actually never use the office, so for me, it would be a waste of money. Or, instead of getting my own office, would you suggest I share an office, find a cheap service office, or even get a virtual office?

My friends who also own businesses in Hong Kong say I shouldn’t worry about getting an office. I am highly skilled, and Hong Kong needs people with my skills. I also have plenty of cash in my business account.

I can also get strong referral letters, including one from my main client, who will describe how I provide necessary ‘independent’ analyst for them.

More Stuff You May Find Useful or Interesting

How extensive should my business plan be in order to get a Hong Kong investment visa?

Do you have a business plan template I can use in my Hong Kong investment visa application?

How to ensure you’re not breaking the law by operating a business in Hong Kong as a Visitor

Are there any advantages to being an existing Hong  Kong resident when you make an application for an investment visa?

Why do Hong Kong investment visas get denied?

PODCAST ANSWER

Podcast: Play in new window