Hong Kong Investment Visa Wrongly Applied For

This case study looks at the problems which arise when an applicant for a Hong Kong employment visa mistakenly applies for an investment visa in light of the fact he is an intercompany transferee establishing his employer’s business operations in Hong Kong from scratch

1. Hong Kong Investment Visa?

The applicant, a 14-day Visitor visa national from Ukraine, found himself (and also his family) in a whole array of grief before we were able to sort out the resulting confusion, going on to get their residence visas approved after we received our instructions very late in the day.

In this case study, the client mistakenly applied for an investment visa instead of an employment visa. The client is actually an intercompany transferee who is establishing his employer’s business operations in Hong Kong from scratch.

This situation can lead to several problems and complications.

Here are some key points to consider:

2. Two Different Visa Categories

The applicant mistakenly applied for an investment visa instead of an employment visa. It is important to understand the differences between these two visa categories:

– Employment visa: This visa is for individuals who have a job offer from a Hong Kong employer. It allows them to work and reside in Hong Kong.

– Entrepreneur (Business Investment) visa: This visa is for individuals who wish to invest in or establish a business in Hong Kong. It is not suitable for intercompany transferees who are establishing their employer’s business operations.

3. Eligibility Requirements

Each visa category has its own eligibility requirements. In the case of an employment visa, the applicant needs to meet certain criteria, such as having a job offer from a Hong Kong employer, possessing the necessary skills and qualifications, and demonstrating that there are no suitable local candidates for the position and the sponsoring business entity in Hong Kong be ‘well established. On the other hand, an investment visa requires the applicant to personally make a substantial contribution to the economy of Hong Kong.

4. Consequences of Mistaken Application

Applying for the wrong visa category can have several consequences:

– Delay in visa processing: The Immigration Department may need to review the application again, causing delays in the visa processing timeline.

– Possible rejection: If the applicant does not meet the eligibility requirements for the visa category they applied for, their application may be rejected.

– Legal implications: Misrepresentation or providing false information in the visa application can have legal consequences and may affect future visa applications.

5. Hong Kong Visa Application Roadmap

In case of doubt, you may find the Hong Kong Visa Application Roadmap helpful for information on intercompany transferee visas and establishing business operations in Hong Kong.

This resource provides a step-by-step guide to the visa application process in Hong Kong. It covers various visa categories, including intercompany transferee visas.

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