Hong Kong Visas Made Easy

30

Aug 2023

Hong Kong Visa Geeza | A Day-In-The-Life Of | Hong Kong Immigration Lawyer

Posted in Employment Visas, Family Visas, Investment Visas, Long Stay & PR, Musing, Refusals & Appeals, Special Programmes, The Hong Kong Visa Geeza, Visitor Visas /

A Day-In-The-Life Of Hong Kong Immigration Lawyer Stephen Barnes [aka] The Hong Kong Visa Geeza 10 Years Ago … Hong Kong Visa Geeza: a day-in-the-life [and more]. On Tuesday, October 22, 2013, my client, compadre-in-arms and all-round good gal Gail Turner of Gail Turner Photography shadowed me around to take a photo montage of a […]

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29

Aug 2023

Understanding Hong Kong Permanent Residency | Eligibility After Your Work Visa Expires

Posted in Long Stay & PR, Your Question Answered /

Hong Kong Permanent Residency Eligibility After Your Work Visa Expires – Can You Still Qualify?

Maybe, Possibly, Could Be – In Any Event, Better Get Your Skates On

hong kong permanent residency eligibility

QUESTION

I have been working in HK since 2019 on a working visa, which expired in early August 2023, a couple of weeks ago.

I am no longer working for my employment visa sponsor.

How does this impact my eligibility to qualify for PR? Is there any legal status that I can apply for now, except getting another job in HK or studying, to extend my past 5 years so that I can apply for a permanent residency in HK in 2 years’ time?

I travel often to other countries but I have been practically living in Hong Kong and renting an apartment since 2017.

I hold a Canadian passport. Currently, I am here as a visitor.

OUTLINE ANSWER

If you have been living and working in Hong Kong for several years and are seeking permanent residency here (also knows as the Right of Abode) this much coveted imigration status assures long-term stability and security in the HKSAR. But how do you qualify for it?

In this question and answer, I will discuss the eligibility criteria for permanent residency in Hong Kong, including the impact of working visa expiration, continuous ordinary residence requirements, and alternative immigration status options to ‘bridge the gap’.

Qualifying for Permanent Residency

To qualify for Hong Kong permanent residency, you need to meet the following requirements:

Continuous Ordinary Residence

You must have resided in Hong Kong continuously for a minimum period of seven years. Continuous ordinary residence refers to your physical presence and non-physical footprint in Hong Kong and your intention to make Hong Kong your only place of permanent residence.

PR Approvability Test

You need to have been continuously and ordinarily resident in Hong Kong for a period of not less than seven years where any absences from Hong Kong in that time – be they of long or short duration – are of a merely temporary nature as evidenced by what you leave behind in Hong Kong to return back to at the end of each temporary stay abroad. You need to have held back-to-back residence visas throughout the seven years claimed as ordinary residence in Hong Kong; must be no security objection to being granted the Right of Abode; must be no outstanding taxation liabilities in your hands in Hong Kong at the time that you’re applying for Right of Abode. And you need to have been in Hong Kong for a settled purpose. Your settled purpose is a function of the visa type that you hold.

Impact of Work Visa Expiry

If you have been working in Hong Kong on a working visa, you need to be aware of the impact of working visa expiration on your eligibility for Hong Kong permanent residency. Working visas, such as the employment visa or the investment (entrepreneur) visa, are a type of employment-related visa that allows you to work and live in Hong Kong for a specific period. When your working visa expires, you need to find another job to apply for a new working visa or seek a different, qualifying, immigration status to stay in Hong Kong.

If your working visa expires, and you cannot find another job or apply for a new visa, your continuous ordinary residence period in Hong Kong may be interrupted, affecting your eligibility for permanent residency. To qualify for Hong Kong permanent residency, you need to have an uninterrupted period of seven years of continuous ordinary residence in Hong Kong.

 5 Years Doesn’t Qualify

You might wonder if you can extend your past five years here to be eligible for Hong Kong permanent residency in two years’ time. It’s important to note that the continuous ordinary residence requirement for permanent residency is seven years, not five years. Therefore, you would need to fulfill the seven-year requirement to be eligible for permanent residency.

Other Visa Options

Apart from getting another job or studying, there are alternative immigration status options that you can consider to extend your stay in Hong Kong. For instance, Hong Kong offers various visa categories, such as the Top Talent Pass, Entrepreneur Visa or the Quality Migrant Admission Scheme, which may provide alternative pathways to extend your stay in Hong Kong.

However, it’s essential to note that these visa categories have their specific eligibility criteria and requirements that you need to fulfill. The availability and competitiveness of these visa categories might vary, depending on your circumstances and qualifications.

Visitor Status Limitations

If you are in Hong Kong as a visitor, being a visitor does not contribute to the continuous ordinary residence requirement for Hong Kong permanent residency. Therefore, being a visitor does not help you meet the seven-year requirement for permanent residency.

Role of Renting an Apartment

Renting an apartment can demonstrate your residential ties to Hong Kong and be an incremental factor in the continuous ordinary residence assessment. However, please note that the continuous ordinary residence requirement for Hong Kong permanent residency considers factors beyond merely having a residential address and looks to, for example, physical presence in the HKSAR and intention to make Hong Kong your only place of permanent residence.

Last Words …

Qualifying for Hong Kong permanent residency requires fulfilling several criteria, including continuous ordinary residence and all things considered satisfying the PR approvability test. If you have been working in Hong Kong on a working visa, it’s essential to understand how working visa expiration can impact your eligibility for permanent residency. Alternative immigration options, such as the entrepreneur visa or the Top Talent Pass Scheme, might provide you with different pathways to extend your stay in Hong Kong. Renting an apartment can play a role in the continuous ordinary residence assessment, but it’s not the only critical factor. Understanding the eligibility criteria for permanent residency can help you plan your pathway and set long-term goals for the Right of Abode in Hong Kong – the Rolls Royce status available to long stay foreign nationals in the HKSAR.

PODCAST ANSWER

Addressing the problem of your work visa expiry on your Hong Kong permanent residency eligibility. Listen to the audio version of the answer given above.

work visa hong kong overstay

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More Stuff You May Find Useful or Interesting

Time Spent Outside Of Hong Kong With Work – Will It Impact On Your Right Of Abode After 7 Years?

Hong Kong Permanent Residency Application – Consider Your Strategy And Plan Early

Hong Kong Permanent Residency Eligibility – Arguing Away Missing Periods Of Residence

The 7 Things Your Employer Needs To Know About The Immigration Process When Applying For An Employment Visa For Hong Kong

10 Must-Have Resources For A Successful Hong Kong Permanent Residency Application

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28

Aug 2023

Hong Kong Entrepreneur Visa Application Guide | What You Need To Know | At-A-Glance | In A Nutshell

Posted in Investment Visas, Musing /

The Hong Kong Entrepreneur Visa Grab & Go Guide

What you need to know in a nutshell and all in one place

Hong Kong Entrepreneur Visa Application Guide

The Entrepreneur Visa Application Guide

This Hong Kong Entrepreneur Visa Application Guide in a nutshell provides all your need to know about Hong Kong’s specific visa initiative for international business founders looking to establish and run a venture in the HKSAR.

Known as the Entrepreneur (Business Investment) Entry Visa, this specialized visa essentially functions as an for-specific-purpose employment authorization, granted to the business owner who also serves as an employee in their Hong Kong-based company.

The primary factor for the issuance of the Hong Kong Entrepreneur Visa is the applicant’s requirement to demonstrate that the business will substantially benefit Hong Kong’s economy. This visa also permits the inclusion of one’s spouse and dependent children under the age of 18 years.

Additionally, the visa holder is qualified to apply for permanent residency after 7 years. Initially issued for a one-year duration, the visa can be extended as long as the business continues to be sustainable, usually in 2 or 3-year increments, business performance depending.

This post aims to nutshell-outline the qualification requirements, application steps, required paperwork, and other pertinent details for those interested in applying for the Hong Kong Entrepreneur Visa.

For more information on other visa options in Hong Kong, consult the Hong Kong Visa Handbook.

Hong Kong Entrepreneur Visa Application Guide Video

Watch the entire series of videos here.

Hong Kong Entrepreneur Visa Application Guide Elements

Investment Parameters
Qualifying Requirements
Necessary Documentation
Business Strategy
Submission Protocol and Timeline
Refusal
Accompanying Family Visas
Expert Help
Visa Extensions
Permanent Residency

Investment Parameters

Although there’s no explicit financial commitment required to apply for this specialized visa, ImmD scrutinize your business blueprint during the application process. It’s crucial to allocate adequate resources to cover both the launch and at least the first 2 quarters of business operations.

Qualifying Requirements

Applicants must be free from criminal history and not pose any security risks.

Sufficient professional skills, prior entrepreneurial accomplishments and practical experience are generally expected.

Applicants must establish that their business will have a meaningful economic impact on Hong Kong, such as employment generation, local sourcing, and market penetration.

Formal company registration within Hong Kong is generally required before filing for this visa – certain offshore structures are also permissible (but get expert help in this instance).

To apply for the Hong Kong Entrepreneur Visa, applicants need a local sponsor, either a business or individual, responsible for repatriation if needed.

The following paperwork is essential:

Applicant Documents

Apply online, or via …

Completed application Form ID999A

Photocopy of the identification section of your passport, plus any recent entry/extension visa label slips if already in Hong Kong

Copy of any Hong Kong ID, if applicable

Academic and professional credentials

Prior entrepreneurship credentials

An employment contract entered into with your own Hong Kong entity

Two-year business strategy plan, elaborating on planned operations, capital investment, local employment creation, and any physical office establishment plans

Company structure registration details from the Hong Kong Companies Registrar

Business Registration Certification from the Hong Kong Inland Revenue Department

The business registration certificate is a document issued by the Hong Kong Business Registration Office. The certificate includes the details of the company. You can apply for a business registration certificate during company incorporation. A service provider, such as a company secretary, lawyer, or advisory firm, can apply for the certificate on your behalf. The required documents for business registration include:
  • The company’s name
  • The company’s registered address
  • A description of the company’s activities
  • The company’s directors’ details

Sponsor Documents

For business sponsors:
Completed Sponsorship Form ID999B
Business registration certification from the Hong Kong Inland Revenue Department

For individual sponsors:
Completed Sponsorship Form ID999B
Hong Kong ID photocopy

All submitted documentation must be either in English or Chinese or professionally translated into one of these languages. The Immigration Department will undoubtedly request additional paperwork as needed.

Business Strategy

A well-thought-out two-year plan for your business is imperative for the approval of your Entrepreneur Visa application. ImmD requires convincing evidence that your venture is a ‘welcome investment’ that will positively impact Hong Kong’s economic landscape.

Specific factors scrutinized during the application assessment include:

  1. Strategic Plan: A detailed blueprint outlining your business concept, product offerings, market potential, operational framework, and the managerial team is crucial.
  2. Financial Commitment: Proof of adequate financial reserves to support the venture is needed; though no minimum investment is mandated HKD1 million is needed for a non-resident applicant and HKD500,000 for any present resident seeking to acquire this immigration status from another type of visa. Documents such as bank account statements that speak to your liquid cash net worth to fund the business will be required.
  3. Corporate Structure: Your choice of business entity can affect the outcome. Generally, limited liability companies registered in Hong Kong garner more credibility than sole proprietorships or partnerships at will.
  4. Business Accommodation: ImmD will evaluate if you have a properly set up office or otherwise plans for suitable business premises out of which to operate your enterprise. Your kitchen table or spare bedroom generally do not cut the mustard in this regard. What’s ‘suitable’? For example, an export-import business would need adequate storage space. Including a lease agreement and photos of the premises once established will be called for.

To bolster your application, ensure meticulous attention to the above. Whilst ImmD no more wants to read a 60-page business plan than you might want to write one, a superficial plan for your business that barely meets requirements stands a higher risk of rejection compared to a robust proposal reflecting genuine commitment.

Submission Protocol and Timeline

Your completed application, with all requisite documents, must be submitted to the Hong Kong Immigration Department (Receipt & Dispatch Unit if you’re in Hong Kong as a visitor or via the Residents Section if you’re an existing resident applicant). Online submissions are preferred by ImmD but the upload process is a bit clunky. The electronic submission method merely provides the platform for the exchange of documents and evidence of the fact of application commencement through the issue of a receipt and reference number. Expect the substantive consideration process to be ‘trying’. Applications usually take between 3 to 5 months to process. If successful, a Visa/Entry Permit QR code approval letter is issued, which must be paid for and downloaded from the ImmD website.

Refusal

While rejection is unlikely if you meet all criteria, an appeal option exists in case of denial. You can apply for a Reconsideration.

Accompanying Family Visas

Under the Entrepreneur Visa programme, you can bring your spouse and children under 18 years of age to Hong Kong with you. Each family member would need a separate Dependant Visa which is provided for in the ID999A application form, the validity of which is tied to the primary applicant’s visa. Dependants can engage in employment or education without restriction.

For more on this, consult our Expert Guide.

Expert Help

Employing a specialized firm for your visa application is usually beneficial for several reasons:

Experience: Specialized firms generally possess a wealth of experience, enabling them to guide you efficiently.
Expertise: Such firms can help tailor your business plan to meet Immigration Department expectations.
Local Sponsorship: The firm can act as your local sponsor, fulfilling this mandatory application requirement.
Administrative Ease: Expert firms manage the application submission and necessary follow-ups, saving you valuable time.

Visa Extensions

If your Entrepreneur Visa is approved, you can continue residing in Hong Kong under employment conditions to run and work in your own business (only). Extensions can be applied for at least four weeks before your current visa expires and will only be approved if you continue to meet eligibility requirements. The extension usually follows a 2-3-3 years pattern.

Permanent Residency

After living in Hong Kong for an uninterrupted seven years, you become eligible to apply for Permanent Residency, often known as the “Right of Abode” in Hong Kong.

All Your Hong Kong Entrepreneur Visa Questions Answered Personally – Gratis

And, as always, if ever you get stuck and need to ask me a question, please do so here. I guarantee you a personalised PodCast Answer within 48 hours – completely free of charge!

Hong Kong Entrepreneur Visa Information From VisaGeeza.Ai

Query the only dedicated Hong Kong visa and immigration artificial intelligence large language model available in Hong Kong 100% for free. It contains 8 months of dedicated training and programming and is predicated on 30 years of professional practice of Hong Kong immigration.

10 Must-Have Hong Kong Entrepreneur Visa Resources

1. INFOGRAPHIC – One-Man Investment Visa for Hong Kong

2. PDF – Information on the Hong Kong Business Investment (Entrepreneur) Visa

3. PLAN – The Hong Kong Visa Application Roadmap

4. CASE STUDY – Hong Kong Entrepreneur Visa Case Study Examples That Would Not Get Approved

5. TEMPLATES – Business Investment (Entrepreneur) Visa Application Argument & Other Supporting Documents

VIDEO – 60-Page Business Plan Needed for a Business Investment Visa?

VIDEO – Advantages of Being An Existing Resident When You Make an Application for a Business Investment Visa

PODCAST – Freelancers in Hong Kong – Can You Get a Visa?

TEMPLATE – Business Plan for a Hong Kong Enterprise

TEMPLATE – Hong Kong Employment Contract

ps – there are 12 resources actually (including the presentation above and the BONUS RESOURCE below), but hey, who’s counting!

BONUS RESOURCE – 3-Year Financial Projections Template (Excel)

PRESENTATION DOWNLOAD – How to Apply for a Hong Kong Investment Visa Without Paying for Professional Help!

 

Check Out VisaGeeza.Ai

All Our Know-How : All Our Experience : Fully Interactive

100% FREE!

 

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28

Aug 2023

The Industry Secret Most Hong Kong Immigration Consultants Don’t Want You to Discover

Posted in Employment Visas, Family Visas, Investment Visas, Long Stay & PR, Musing, Refusals & Appeals, Special Programmes, The Hong Kong Visa Geeza, Visitor Visas /

What Hong Kong Immigration Consultants Like To Keep Quiet About … All cases are ‘hard’, right? Lifting The Lid [Looking around furtively…] Shussh… You are probably paying Hong Kong immigration consultants too much for your Hong Kong visa service. It’s true, and here’s the reason why. Hard vs Easy Your ‘easy’ Hong Kong visa application […]

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23

Aug 2023

Hong Kong Investment Visa Wrongly Applied For | Clearing Up the Confusion & Getting the Correct Employment Visa Instead

Posted in Case Study, Employment Visas, Feature Article, Investment Visas, The Hong Kong Visa Geeza /

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 […]

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22

Aug 2023

The Perils of Contriving a Job Offer Just for the Purposes of a Hong Kong Employment Visa Application

Posted in Employment Visas, Hadley Says…, The Hong Kong Visa Geeza /

Pretending You Have A Job Offer To Get A Hong Kong Employment Visa? Updated August 22, 2023 What are the consequences of providing false information to an Immigration Officer in Hong Kong? Is it worth the risk to pretend you have a job offer for a Hong Kong employment visa?  Is It Worth The Risk? […]

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20

Aug 2023

Does A Hong Kong Entrepreneur Visa Need An Extensive Business Plan?

Posted in 60 Second Snapshot, Investment Visas, The Hong Kong Visa Geeza /

Hong Kong Entrepreneur Visa Need An Extensive Business Plan – Say 60 Pages Long? Not massively so. In fact you can get away without one altogether if writing such a document doesn’t fall readily within your existing skill set. There are other ways to skin this particular cat … Does A Hong Kong Entrepreneur Visa […]

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