Work Visa hong kong
16 Pages
English
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Work Visa hong kong

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Learn all about the services we offer
16 Pages
English

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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

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Published 18 November 2020
Reads 4
Language English
Document size 1 MB

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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
Download
as a free PDF at:
Get in Touch
This eBook was first published in June 2020
©FastLane Group 2020
Disclaimer
on for, tax, legal or accounting advice.
transaction.
FastLane Group IWork 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 1Overview
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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