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What Visa Options Exist for a Presently Employed Writer to ‘Go Solo’ Whilst Holding an Employment Visa ‘Cruising’ to the Right of Abode in Hong Kong in 2018?

May 31st, 2015

Posted by / in Investment Visas, Long Stay & PR, Your Question Answered / No responses


 

Freelance writers always struggle to secure investment visas here…

SMALL-keep-calm-and-ask-the-visa-geeza

 

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

Historically, this guide addressed foreign professionals who, several years into their seven-year ordinary residence journey toward Right of Abode (PR), were eager to break out of corporate employment and “go solo.” The Geeza broke down how an individual holding an existing General Employment Policy (GEP) work visa could safely transition to their own corporate vehicle without derailing their march toward PR. In that era, the advice was pragmatic, empowering, and commercially gentle: ImmD was remarkably accommodating to established residents. A seasoned expatriate could transition their sponsorship to their own newly incorporated Hong Kong company by showing modest initial capital of a few hundred thousand dollars, taking a hot desk or small suite in a flexible serviced office or co-working space, and submitting a business plan projecting break-even and gradual local hiring over two to three years. The process was seen as an accessible way to “cruise” across the seven-year finish line as one’s own boss.

The game has changed from an empowering late-stage transition into an existential threat to an applicant’s accumulated ordinary residence. The concept of “cruising” to Right of Abode by going solo on lean resources is completely dead. Under post-April 2026 administrative practice aligned with TTPS Category A operational substance (~HKD 2.5M enterprise scale), ImmD has closed the door on using early-stage micro-ventures or boutique consultancies as holding vehicles for residence. Sponsoring your own stay now triggers an immediate, unyielding compliance audit requiring hard corporate hardware on day one: HKD 1.5M–2.0M in deployed corporate bank liquidity, an executed commercial lease for exclusive physical premises (“four walls”) disqualifying serviced and co-working desks entirely, and active Mandatory Provident Fund (MPF) payroll contributions for 2–3 local Hong Kong permanent residents.

Consequently, attempting to “go solo” without enterprise-grade backing during the home stretch to Right of Abode is reckless in the extreme. When ImmD summarily refuses the self-sponsorship application due to a lack of verified corporate hardware, the applicant’s existing employment visa has already been relinquished, forcing an immediate exit or a downgrade to visitor status—an event that legally breaks the continuity of ordinary residence and permanently wipes out years of progress toward PR. Unless the venture has secured formal, documented admission into an officially accredited government incubator (such as Cyberport, HKSTP, or the Design Incubation Programme)—the sole surviving statutory mechanism to waive the mandatory liquidity, physical lease, and immediate MPF headcount thresholds—the only rational strategy for securing Right of Abode is to remain firmly on an employer-sponsored GEP payroll until the permanent identity card is safely in hand.

QUESTION

I have been working in Hong Kong for about 4.5 years and my current employment visa expires in 2018.

I would like to be a freelance writer, but I understand that getting an investment visa can be onerous especially since I will be a one-man show.

If I quit my job, I understand I have the privilege to remain and ‘reside’ in Hong Kong but not the right to work.

I was wondering if there is any way to get round the latter – such as for example, routing payments through a company registered in my home country, or setting up a Hong Kong company and paying myself earnings through dividends rather than a salary?

If neither of these are viable options, am I better off setting up a sole proprietorship or limited liability company to get the investment visa?

Also, assuming I stayed here till 2018 but did not work nor pay taxes, would this be an issue in getting the Right of Abode in Hong Kong after the seven years are up?

Thanks for the help!

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The Hong Kong Visa Geeza (a.k.a Stephen Barnes) is a co-founder of the Hong Kong Visa Centre and author of the Hong Kong Visa Handbook. A law graduate of the London School of Economics, Stephen has been practicing Hong Kong immigration since 1993 and is widely acknowledged as the leading authority on business immigration matters here for the last 24 years.

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