Work Visa hong kong

Nguyen Tuan Anh

Description

Work Visa hong kong
https://fastlanepro.hk/work-visa-application/
The various professional opportunities found in Hong Kong substantiates the city’s reputation as an attractive destination for business. With Hong Kong recognized as a major international economic hub, entrepreneurs and SME’s around the world continue to utilize Hong Kong as their base of operations. Hong Kong’s immigration policy has played a vital role by enhancing the city’s attractiveness to foreign professionals and investors.
In this e-book, we look to provide an overview of Hong Kong’s immigration policy and how interested parties can apply for the various visas available.
working visa hong kong

Informations

• Publié par: bktuananh
• Publié le: 18 novembre 2020
• Nombre de lectures: 4
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

FastLane Group

‘ Together We Build Better Business ’

Work Visa An Employers Guide to Hong Kong Visas

©FastLane Group June 2020

FastLane Group I

Work Visa An Employers Guide to Hong Kong Visas

About FastLane

Founded in 2013, The FastLane Group is an

innovation and technology to provide

venture capitalists.

Hong Kong, China and the ASEAN region.

services, including accountancy, auditing,

and HR advisory assistance, the FastLane Group

suite of services to our clients.

in Hong Kong and other jurisdictions.

Our Mission

cutting edge technologies across a suite of

and accountant.

©FastLane Group June 2020

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as a free PDF at:

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This eBook was first published in June 2020

©FastLane Group 2020

Disclaimer

on for, tax, legal or accounting advice.

transaction.

FastLane Group I Work Visa An Employers Guide to Hong Kong Visas

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Table of Contents

Hong Kong’s Immigration Policy – Overview

Types of Visas

Employment Visa

Investment Visa

Quality Migrant Admission Scheme

Dependent Visa

Technology Talent Admission Scheme

Admission Scheme for Mainland Talents and Professionals

Immigration Arrangement for Non-local Graduates

Employer Obligations

Common Mistakes When Applying for a Visa

How Can a Professional Firm Help?

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FastLane Group IWork Visa An Employers Guide to Hong Kong Visas

Introduction

The various professional opportunities found in

Hong Kong substantiates the city’s reputation

as an attractive destination for business. With

Hong Kong recognized as a major international

economic hub, entrepreneurs and SME’s

around the world continue to utilize Hong Kong

as their base of operations. Hong Kong’s

immigration policy has played a vital role by enhancing the city’s attractiveness to foreign professionals and investors. In this e-book, we look to provide an overview of Hong Kong’s immigration policy and how interested parties can apply for the various

visas available.

©FastLane Group June 2020

FastLane Group IWork Visa An Employers Guide to Hong Kong Visas Hong Kong’s Immigration Policy 1 Overview

Hong Kong maintains a liberal immigration

policy whereby nationals of approximately

170 countries are able to travel to Hong

Kong without the need of a visa. However,

acquiring a visa for employment purposes

in Hong Kong is comparatively trickier

and applicants will need to meet various

eligibility requirements. Luckily, the Hong

Kong government offers various types of visas to attract the abundant number of professionals seeking employment in Hong Kong.

©FastLane Group June 2020

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Types of Visas

Typically, visa schemes for entry into Hong

Kong are categorized by their nature. Visas are

recognized for their purposes of employment, investment, starting a business and other work-related purposes. 2.0

Employment Visa

Employment Visas are granted to individuals

under the General Employment Policy (“GEP”)

scheme and are provided to individuals who

intend to reside in Hong Kong, be employed

by a Hong Kong company and are typically

granted within four weeks upon the Hong Kong

authorities receipt of all required application

documents. The scheme is non-sector speciȴc

and there are no limits regarding the number of

Employment Visas a Hong Kong company can

apply for. However, the application process can only begin once an individual has secured employment with a Hong Kong company. Unlike other visa schemes, GEP does not maintain a quota system. All applications will be reviewed on a case by case basis. Generally, Mainland Chinese residents and nationals of Afghanistan, Cuba, Laos, North Korea, Nepal and Vietnam are not eligible to

apply for visas under the GEP scheme.

Nonetheless, Mainland Chinese residents can

apply under certain circumstances to be discussed further below. Eligibility Requirements To be eligible for a visa under GEP, an applicant must be able to pass various background checks. Applicants must provide documentation to Hong

Types of Visas

Kong authorities to demonstrate their education,

the presence of a genuine job vacancy and

whether the applicant has a conȴrmed offer of

employment for a job relevant to their

academic qualiȴcations. Other factors which

will be scrutinized include the remuneration

package offered to the applicant. This is done

so to determine whether the value of the

remuneration package is in line with the prevailing market rate for other local professionals in similar ȴelds. As previously mentioned, Mainland Chinese residents are not eligible to apply for visas under GEP unless they meet certain criteria.

Overseas Chinese nationals holding Chinese

passports may apply to the GEP scheme if

they are able to demonstrate that they have a

permanent residence overseas, or that they

have been residing overseas for at least one

year immediately before the submission of the

application. Under the scope of GEP, overseas

is deȴned as any country or territory outside

of Mainland China, Hong Kong or Macau.

Furthermore, the application must be submitted from an overseas address. Other Considerations Applicants who have successfully obtained a visa under GEP may also apply to bring their spouse to Hong Kong. Eligibility for this scheme

is determined by an applicant's ability to

demonstrate that there is a genuine relationship

between the two parties and that the applicant

is able to support their dependents' life in Hong

Kong. A dependent’s

visa and their length

of stay will normally

be linked to their sponsor, in this case, the original applicant.

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FastLane Group IWork Visa An Employers Guide to Hong KongVisas

2.1

Investment Visa

Hong Kong has visas catered to foreign

entrepreneurs under the special migration visa

scheme Entry for Investment. This visa type will be

issued to owners of Hong Kong companies is

generally issued for a one-year period and is renewable so long as the applicant's business remains viable. When applying, one of the primary criteria for this visa is that the applicant must be able to demonstrate that their business will make a

signiȴcant contribution to Hong Kong’s economy.

Authorities will determine this by closely examining a two-year business plan and ȴnancial projection submitted in the application. The purpose of examining the business plan is to understand whether an applicant’s business will create jobs for Hong Kong’s workforce, and the

likelihood that their business will engage the

services of other Hong Kong companies.

Authorities will thus scrutinize the quality of the

submitted business plan to ensure that grow is

achievable. Other aspects to be considered

are the operational plan and the quality of the

administrative and management team.

To improve the odds of an application's success,

applicants should make certain that their

submitted business plan demonstrates that their

business can sustain operational expenses for at

least an initial 3-6-month period.

©FastLane Group June 2020

Eligibility Requirements To meet the eligibility requirements for an Investment Visa’s, applicants must demonstrate through their business plan that they will make a signiȴcant contribution to Hong Kong’s economy. The exact criteria for what will be assessed in the business plan is as follows: Two-year business plan stating the nature of the business, market analysis, market

positioning, business direction, sales targets,

product marketing strategy;

Two-year forecast of the proȴt-and-loss

account statement

Statement of cash ȵow and balance sheet;

Organizational structure of the company;

Extent of the company adopting new

technology or skills; and

Initial capital investment from the applicant

Other Considerations Applicants who intend to establish or join a Hong Kong start-up business will ȴnd their application examined and scrutinized with similar standards

to other applications. However, to the extent that

a start-up business in consideration is supported

by a Hong Kong government-backed program,

the application will be reviewed under more

favorable circumstances. Such programs include

the Cyberport Incubation Program and the Design

Incubation Program administered by the Hong

Kong Design Centre.

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2.2

Quality Migrant Admission Scheme (“QMAS”) Visa

QMAS is a quota-based entrant scheme to

assist highly skilled or talented individuals

immigrate to Hong Kong. Such individuals are

targeted due to their ability to enhance Hong

Kong’s economic competitiveness. As opposed

to other visa schemes, QMAS does not require their applicants to secure employment with a Hong Kong company before arriving in Hong Kong. Eligibility Requirements To qualify for a visa under QMAS, applicants must satisfy various prerequisites. Applicants must be able to demonstrate that, apart from

being aged 18 or above, they can support

themselves and their dependents with their

own ȴnancial resources. Furthermore, they

must be proȴcient in written and spoken

Chinese or English and have ȴrst obtained a

Masters degree from a recognized university

or a tertiary educational institution with a proven track record of at least 10+ years of working experience in their ȴeld of expertise. In the event that an applicant fails to provide sufficient supporting documentation to demonstrate that they have met the eligibility

requirements, or if the applicant has a criminal

record or adverse immigration record in Hong

Kong or elsewhere, an application will be immediately refused. Selection Exercise Once an applicant is deemed to have met the prerequisites, they will be further assessed under either a General Points Test or an

Achievement-based Points Test.

Types of Visas

The above tests are conducted on a regular

basis for quota allocation purposes. Applicants

who manage to obtain a minimum passing

mark from either of these tests will be ranked

according to the points awarded. As this

scheme utilizes a quota system, high scoring

applicants will be allowed to further proceed

through the application process. These

individuals will be short-listed for further

assessment.

Applicants who are allotted a spot in

the selection quota will be issued an

Approval-in-principle letter. This letter will

invite the applicant to come to Hong Kong to

attend an in person interview and present

original versions of all their submitted

documents for veriȴcation purposes.

Totheextentthatalloriginaldocuments

are accepted and the relevant application

procedures are ȴnalized, applicants will be issued with a visa / entry permit under the QMAS scheme. Other Considerations Due to the number of applications the Hong Kong authorities receive and the time required to process each one, an applicant can regard

their application as still being processed

unless they have received an official response.

The application processing period takes a

minimum of 6-8 months.

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FastLane Group IWork Visa An Employers Guide to Hong Kong Visas

2.3

Dependent Visa Dependent visas are only granted to the immediate family members of foreign nationals who were granted a Hong Kong visa for the

purposes of employment, investment, training

or study in Hong Kong. They are also granted

to the immediate family members of

permanent Hong Kong residents. In other

words, these visas are essentially relocation

visas with its application process requiring

approximately six weeks to complete. Eligibility Requirements To apply for a dependent visa, applicants must fulȴll meet the following conditions: Must provide reasonable proof of a genuine relationship between the applicant

and the sponsor

There should not be a known record that is

detrimental to the applicant

The sponsor must demonstrate that they

can substantially support their dependents

and provide suitable accommodation during their stay in Hong Kong When processing an application, authorities will request identiȴcation documents, copy of proof of ȴnancial standing and proof of accommodations in Hong Kong. Other Considerations We recognize that oftentimes, visa applicants are applying from abroad. In such situations, relevant documents should be submitted in person to the local Chinese Embassy or Consulate in the applicant’s respective country. Dependents should not be concerned about their employment status as they are also

©FastLane Group June 2020

eligible to take up employment in Hong Kong if they meet the following criteria: Their sponsor is a Hong Kong permanent resident

Their sponsor is not subject to

a limit of stay

They have obtained an

employment contract

They are an Entrant under the Capital Investment Entrant Scheme or the Quality Migrant Admission Scheme Please note that dependents who have been admitted into Hong Kong to study are not eligible to take up employment unless permis-

sion has been obtained from Hong Kong’s

Immigration Department.

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2.4

Technology Talent Admission Scheme Technology Talent Admission Scheme (“TechTAS”) is a three-year program catered towards overseas and Mainland Chinese

technology talent. The scheme is structured

on a quota basis and provides a fast-track

arrangement for eligible technology

companies and institutions to admit these qualifying individuals for the purpose of conducting research and development. As this scheme is run on a quota basis, there are no speciȴc deadlines for the application process. So long as the quota has not been ȴlled, prospective applicants are encouraged to apply. Each quota will be valid for 6 months.

Within this quota validity period, the applicant

company/institute may submit applications

with the Immigration Department to sponsor

eligible non-local persons ȴtting the

speciȴcation set out in the quota allotment

letter to apply for an employment visa/entry permit to work in Hong Kong. Eligibility Requirements Under TechTAS, employers must apply for these visas on behalf of their employees. Unfortunately, only eligible technology

companies and institute are allowed to apply.

Eligible parties are considered to be those

who are applying through the Hong Kong

Science and Technology Parks Corporation (“HKSTPC”) or the Hong Kong Cyberport Management Company Limited (“Cyberport”). Applicant companies must be a technology company or institute that, at the time of the application, is a tenant or incubee of either

HKSTPC or Cyberport. Furthermore, these

companies must be engaged in a technology

focus such as biotechnology, artiȴcial intelligence, cyber security, robotics or analytics etc. Companies applying on behalf of their staff must ensure that their staff’s job responsibilities are in line with the nature

Types of Visas

of their sponsoring company. In other words,

the non-local talent must be hired for the

purposes of engaging principally in conducting

research and development in the above

mentioned areas of focus. In addition, STEM

degree holders are also allowed to apply.

However, to the extent that applicants only

possess a bachelor's degree, they must also

demonstrate that they have at least one year

work experience in the relevant technology

area to be eligible. Individuals with masters or

doctoral degrees do not need to provide evidence of work experience. Other Considerations Compared to other visa application schemes such as GEP and ASMTP, there is no need for the employing company / institute under TechTAS to justify their difficulty ȴnding local talent for recruitment. In applying for an employment visa / entry permit under TechTAS, applicants are required to submit supporting documents

such as a copy of his / her valid travel documentation, proof of academic qualiȴcations and work experiences, etc. As the company’s eligibility has been examined during the quota application stage, the standard processing time for visa / entry

permit applications under TechTAS

can therefore be shortened to two weeks,

conditional on the receipt of all the required

documents. This processing time is

considerably shorter compared to other visa

schemes offered in Hong Kong.

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FastLane Group IWork Visa An Employers Guide to Hong Kong Visas

2.5

Admission Scheme for Mainland Talents and Professionals (“ASMTP”) The objective of the ASMTP is to attract qualiȴed Mainland Chinese talents and professionals to work in Hong Kong. The scheme seeks

individuals to help Hong Kong meet its local manpower needs and further enhance the city’s competitiveness in the globalised market. Applicants must possess special skills, knowledge or experience of value that is not readily available or is in shortage locally. Admitted

talents and professionals must be able to

contribute to the operation of their respective

employer and business sector with an intention

to facilitate Hong Kong’s economic development.

©FastLane Group June 2020

Eligibility Requirements As mentioned above, residents of Mainland China must possess special skills, knowledge or experience of value that is not readily available in

Hong Kong may apply under the ASMTP.

Eligibility is determined largely by the

circumstances of the employment. Typically, immigration authorities will view an application favorably if they meet the following criteria: There is no security objection and no known record of serious crime in respect of the applicant; The applicant has a good education background, normally a ȴrst degree in the relevant ȴeld, but in special circumstances,

good technical qualiȴcations, proven

professional abilities and / or relevant experience and achievements supported by documentary evidence may also be accepted; There is a genuine job vacancy at the sponsoring company; The applicant has a conȴrmed offer of

employment and is employed in a job

relevant to his academic qualiȴcations or

work experience that cannot be readily taken

up by the local workforce; and

The remuneration package including

income, accommodation, medical and other

fringe beneȴts is broadly commensurate with the prevailing market level for other professionals of similar profession in Hong Kong. Other Considerations The typical entry permit application processing time under ASMTP, upon receipt of all required supporting application documents, is four weeks.

The Immigration Department will not be able to start processing the application unless all the required documents and information have been received.

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