Hong kong Working Visa

TO establish Hong Kong as an international metropolis, the Hong Kong Government announced various policies and programs to introduce professional talents and workers.

  • General Employment Scheme (GES)
  • Admission Scheme for Mainland Talents and Professionals
  • Immigration Arrangements for Non-local Graduates
  • Employment as lmported Workers in Hongkong
  • Entry of Dependants

Types of visas in Hong Kong

  1.  Employment as professionals
  2.  Investment as Entrepreneurs
  3.  Employment as professionals

Eligibility Criteria

An application for a visa/ entry permit to take up employment under the GEP may be favourably considered if:

  1. there is no security objection and no known record of serious crime in respect of the applicant;
  2. the applicant has a good education background, normally a first degree in the relevant field, but in special circumstances, good technical qualifications, proven professional abilities and/or relevant experience and achievements supported by documentary evidence may also be accepted;
  3. there is a genuine job vacancy;
  4. the applicant has a confirmed offer of employment and is employed in a job relevant to his academic qualifications or work experience that cannot be readily taken up by the local work force; and
  5. the remuneration package including income, accommodation, medical and other fringe benefits is broadly commensurate with the prevailing market level for professionals in the Hong Kong Special Administrative Region (HKSAR).

Entry of Dependants

Applicants may apply to bring in their spouse and unmarried dependent children under the age of 18 to the Hong Kong Special Administrative Region (HKSAR) under the prevailing dependant policy. Persons admitted or applying for admission under the GEP will be the sponsors of their accompanying dependants to the HKSAR. An application for admission of a dependant may be favourably considered if normal immigration requirements and the following criteria are met:

  1. there is reasonable proof of a genuine relationship between the dependant and the sponsor;
  2. there is no known record to the detriment of the dependant; and
  3. the sponsor is able to support the dependant’s living at a standard well above the subsistence level and provide him/her with suitable accommodation in the HKSAR.

Documents required from the employing company:

  • Application for Employing Professionals in Hong Kong,
  • A copy of the company’s employment contract or letter of appointment containing information about the post, salaries, other fringe benefits and employment periods,
  • A copy of the company’s Business Registration Certificate,
  • A copy of proof of financial standing of the company such as latest audited financial report, trading profit and loss account, or profits tax return,
  • Documents detailing the company’s background such as business activities, mode of operation, background / connection of company, product ranges, sources and markets, membership of Chamber of Commerce (if any), etc. with documentary evidence such as catalogues, brochures, etc. (this is not required if the company is sponsoring a non-local graduate),
  • If the employing company is a newly setup company within the last 12 months:

Detailed business plan such as information on source of funds, estimated capital injection, nature / mode of business activities, expected turnover, sales volume, gross and net profit in the coming years, and proposed creation of local job posts, etc.

Note: All documents submitted must be in English or Chinese or translated into English or Chinese by a certified translation body. The Immigration authorities reserve the right to demand further documents from the applicant or employing company as and when necessary.

Application Procedures and Timeline

Once both the Applicant and the Employer have prepared the necessary documents required for the work permit application, the application must be submitted to the Hong Kong Immigration Department via post. The processing of work visa application takes about 2 months.

If the application is successful, the Immigration Department will issue a Visa / Entry Permit label which must be collected from the immigration office in-person by the Applicant or an Authorized Representative. The Visa / Entry Permit label must be affixed on a blank visa page of the applicant’s passport and presented to the Immigration Officer upon arrival in Hong Kong.

Employment Visa Renewal

Work permit holders can apply for renewal by filing the renewal application at least four weeks before the limit of stay expires. The renewal application will be considered only if the applicant continues to meet the work permit eligibility criteria as outlined above. If the work visa renewal application is approved, the extension of stay will normally follow the 2-2-3 year pattern or in accordance with the duration of your employment contract, whichever is shorter.

 

  1.  Investment as Entrepreneurs

Eligibility Criteria

An application for a visa/entry permit to enter the Hong Kong Special Administrative Region (HKSAR) for investment as entrepreneur may be favourably considered if:

  1. there is no security objection and no known record of serious crime in respect of the applicant;
  2. the applicant has a good education background, normally a first degree in the relevant field, but in special circumstances, good technical qualifications, proven professional abilities and/or relevant experience and achievements supported by documentary evidence may also be accepted; and
  3. (i) the applicant is in a position to make substantial contribution to the economy of the HKSAR, with consideration factors including, but not limited to, business plan, business turnover, financial resources, investment sum, number of jobs created locally and introduction of new technology or skills.

Entry of Dependants

Applicants admitted for investment may apply to bring in their spouse and unmarried dependent children under the age of 18 to the Hong Kong Special Administrative Region (HKSAR) under the prevailing dependant policy. Persons admitted or applying for admission for investment will be the sponsors of their accompanying dependants to the HKSAR. An application for admission of a dependant may be favourably considered if normal immigration requirements and the following criteria are met:

  1. there is reasonable proof of a genuine relationship between the dependant and the sponsor;
  2. there is no known record to the detriment of the dependant; and
  3. the sponsor is able to support the dependant’s living at a standard well above the subsistence level and provide him/her with suitable accommodation in the HKSAR.

Documents required from the applicant to apply for entrepreneur visa in Hong Kong:

  • Completed Application Form,
  • A copy of the personal particulars page of passport. If he/she is currently staying in Hong Kong, a copy of his/her passport page containing the latest arrival stamp/extension of stay label in Hong Kong,
  • A copy of his/her Hong Kong identity card (if any),
  • A copy of proof of academic qualifications and relevant working experience,
  • A copy of the company’s Employment Contract or Appointment Letter, detailing information about his/her post, salary, other fringe benefits and employment period (if applicable),
  • A thorough and detailed two-year business plan which should provide information about his/her company’s proposed business activities, amount of investment, creation of local job posts, setting up of an office / showroom / warehouse, etc.
  • A copy of the Business Registration Certificate obtained from the Inland Revenue Department and business registration particulars of the company he is/her going to invest in or have already invested in.
  • A copy of proof of his/her overseas residence.

Documents required from the sponsor:

  • If the sponsor is a company

Completed Application Form (Sponsor),

A copy of the company’s Business Registration Certificate.

  • If the sponsor is an individual

Completed Application Form (Sponsor),

A copy of the sponsor’s Hong Kong identity card,

A copy of the personal particulars page of the sponsor’s passport.

All documents submitted must be in English or Chinese or translated into English or Chinese by a certified translation body. The Immigration authorities reserve the right to demand further documents from the applicant or sponsor as and when necessary.

Preparing Business Plan

The Applicant must submit a 2-year business plan as part of his/her entrepreneur visa application. A good business plan is one of the most crucial aspects in the approval of entrepreneur visa application. He/she must convince the authorities by enclosing adequate information and proof that his/her business will benefit the economy of Hong Kong. His/her investment plan will be scrutinized and the following factors will be taken into account by the authorities:

  • Business Plan: He/She must ensure that he/she has a sound business plan detailing his/her business idea, product or service, market analysis including the potential of his/her business to grow and contribute to the market in Hong Kong, his/her operational plan, administrative and management team etc.
  • Capital Investment: The authorities will examine if the Applicant has adequate capital investment or the necessary funding required to support his/her business. It is generally advisable to enclose documentary proof of your financial standing such as bank statements, loan papers, letters of credit etc. Although there is no minimum capital requirement, you must ensure that he/she has sufficient funds to cover his/her start-up costs and operational costs for a short to medium term period of three-six months.
  • Proposed Business Vehicle: Determinants such as the Applicant’s choice of business vehicle also plays a vital role in the application. Generally, a limited liability company incorporated in Hong Kong commands a better image than a sole proprietorship or a partnership firm, and will be taken more seriously by the authorities.
  • Suitable business premises: The authorities will consider if the Applicant’s chosen business premises is suitable for the nature of business activity he/she will be engaging in. For instance, an import / export company will require business space that offers storage facilities. It is advisable to enclose a copy of the existing or proposed tenancy agreement and photographs of his/her business premises.

Taking the above factors into consideration, the Applicant is strongly advised to pay great attention and detail to the points highlighted above while filling in his/her application form. A loosely structured business plan which meets the bare minimum requirements faces a greater chance of rejection by the authorities than a strong investment plan that reflects his/her commitment to the business and the economy of Hong Kong as a whole.

Application Procedures and Timeline

The completed application along with supporting documents must be submitted to Hong Kong Immigration Department by post. The application processing time is about 3 months.

If the application is successful, the Immigration Department will issue a Visa / Entry Permit label which must be collected from the immigration office in-person by the Applicant or an Authorized Representative. The Visa / Entry Permit label must be affixed on a blank visa page of the Applicant’s passport and presented to the Immigration Officer upon arrival in Hong Kong.

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