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Since the Audit Commission Report Number 66 published in April of 2016, Hong Kong entrepreneur visa holders subject to a review of their business each time they seek to extend their stay, have got more of the same coming…

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

This piece’s discussion of moving from the rigorous “business review” track to a routine “administrative extension” must now be read with the understanding that ImmD’s post-approval oversight has tightened considerably. The threshold to escape ongoing departmental audit is no longer basic operational survival or marginal year-on-year revenue growth. Because ImmD has aligned its benchmark of commercial substance with TTPS Category A operational capacity, an entrepreneur cannot expect a frictionless administrative extension unless the enterprise demonstrates continued employment of 2 to 3 local permanent residents on active MPF-compliant payroll, maintains a dedicated commercial lease (“four walls”), and shows genuine fiscal integration into the domestic economy rather than offshore revenue routing.

QUESTION

Hi there,

It’s time for my Hong Kong entrepreneur visa renewal and I’m confused as to whether it is under the ‘General Employment’ section or not? I have a small business that allows me to freelance for one specific company. Is that General Employment?

For the last two years I have submitted an ID 91 form and subsequently had financial statements/business purpose outlines and more evidence of my contribution to Hong Kong along with staffing plans, etc. This will now be the third time that I’ve renewed and I’m wondering if there is anything I can do to simplify the process?

Many thanks,

ANSWER

In an business investment (entrepreneur) visa scenario, ImmD have 2 extensions tracks:

1. Business review, and
2. Admin extension

From your profile it seems you are on the business review track.

Once on the business review track you stay on it until ImmD are satisfied at each extension of stay exercise that you are making a substantial contribution to the economy of Hong Kong. Since the Audit Commission Report Number 66 of April this year, this, for all practical purposes, means the creation of local jobs.

Once they are satisfied that the requisite contribution to the economy of Hong Kong is being made, they will move you off the business review track and onto the admin track. Only then will life get simpler for you. Essentially, by keeping you on the business review track, ImmD are reserving the right to assess your progress annually – so there’s not much you can do other than try to build the business and create local jobs.

It’s just a fact of immigration life these days I’m afraid.

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