CentreO Blog

Hong Kong ranks as one of the most business-friendly city in the world.  There was no less than 120,000 Individual Private Limited Companies registered in 2019. One of the key contributing factors is its transparent and straight-forward immigration policy for Visa Applications. It designed to accommodate investor, business entrepreneurs and working professionals alike from foreign countries. From January to June this year, despite from the Covid-19, there were total of 7,717 applications in the first half of 2020.

Who Need a Visa?

Any person without the Right of Abode requires a visa to work in Hong Kong. Foreigners can enter Hong Kong as a visitor. However, they are not permitted to work until they have obtained a proper visa. Many foreign expats come into Hong Kong with a local job offer. The Hong Kong company act as the sponsor of the working visa. 

Reason for changing Employment Visa to Investment Visa?

it’s very common that foreign employees after working in Hong Kong for a few years, they notice many business opportunities and wanting their freedom to work for themselves.  This is when they need to change their visa from Employment to Investment Visa.

Before they apply for the change of visa, they need to first setup a Hong Kong Limited company through Company Registry and Inland Revenue Department of Hong Kong.

Any policy can facilitate for changing Employment Visa to Investment Visa?

Hong Kong Immigration Department has set up a special entry arrangement for foreigners. For those wish to stay in Hong Kong under General Employment Policy (GEP).  GEP has a programme called Investment as Entrepreneurs, then the foreigners can startup their own business with a Hong Kong Limited company here. As long as the visa is approved then live and work in Hong Kong accordingly.

Who is not Eligible to apply for the General Employment Policies (GEP)?

• Chinese residents of the Mainland of China (the Mainland); and
• Nationals of Afghanistan, Cuba, Laos, Korea (Democratic People’s Republic of), Nepal and Vietnam.

So, Who’s Eligible?

• The applicants must have no security objection and unknown record of serious crime.
• The eligible applicants should have good educational qualifications. Also have possess special skills, knowledge or experience of value to and not readily available in Hong Kong.
• The applicant is in a position to make substantial contribution to the economy of Hong Kong. The 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.
• The applicant is the proprietor or partner of the start-up company or a key researcher of the government supported relevant project.
• The applicant has joined the business in Hong Kong, the sponsoring organisation for the visa has to be a sustainable business. For example with solid proofs of office tenancy agreements, investment funds in the Hong Kong company bank account, contracts and letter of intent for local hiring.

Processing Time

It normally takes four weeks to process a visa/entry permit application for investment upon receipt of all the required documents.  However, if you are changing your employment visa to investment visa, as immigration has records of your background already, it can be less than 4 weeks.

For further information, please contact us.

You may want to read: HOW EASY (OR HARD) IS IT TO SWAP FROM A HONG KONG WORKING HOLIDAY VISA TO A FULL EMPLOYMENT VISA?

Further to the previous blog about the Mainland Talents applying for visa to work and live in Hong Kong, this blog we will go through the Admission Scheme for Mainland Talents and Professionals (AMTP) application procedures.

First, the AMTP is enable the employer to bring Mainland Chinese Talents to make a positive contribution to Hong Kong. The contribution mainly focuses on the economic fortunes substantially.

Human Capital

As the integration of Hong Kong and Mainland China’s economies is keep growing. Hong Kong is increasingly demand for the talents of mainland professionals. So, employing a professional or talent from Mainland China is a good source of human capital to our economy competitive.

Check Points

During the application, both employer and applicant need to meet some check points. The overall testing for the applicant is more demanding than for an applicant under the General Employment Policy. And the Visa Approval is endorsed in the applicant’s Exit-Entry Permit rather than in their passport.

Applicant’s Background

Firstly, the applicant must be exceptionally well educated or experienced to do the job offered. For example, a master degree, a professional in managerial role, or 2 years post-graduation working experience. 

However, sometimes the Hong Kong Immigration Department will consider a good technical qualification, proven professional abilities, and extensive relevant working experience instead of a formal university education. The work experiences are defined as difference level:

• Beginner
• Learning
• Proficient
• Advanced
• Expert

In addition to a formal education, employer needs to prove that the applicant for the employment visa possesses special skills and knowledge or experience that are value to and not readily available in Hong Kong. The special skills are including:

• Technical Skills
• Problem Solving Skills
• Analytical Thinking
• Communication Skills
• Research & Development
• Creative Skills

Remuneration Package

Secondly, the applicant must be of good character. And the compensation for the job must be broadly commensurate with market rate in Hong Kong. This means the employer cannot hire an applicant from China at a lower salary than a local person. 

Local Recruitment

Thirdly, your company must show a local recruitment effort for the role in question. If there has no local recruitment exercised, then then company must make an official declaration in the Sponsorship Form. The sponsor needs to state the reason for not carrying out local recruitment in the instance.

Employment Visa Sponsor

Fourthly, your company should present a positive image to Immigration Department. That is showing your company is suitable and credible employment visa sponsor. In means your company is well established, have a properly set up office and already employed Hong Kong Locals. 

Documentation

Fifthly, both employer and the employee need to prepare many types of documents for the visa application. If your company has previously had an employment visa approved within the last 18 months. Then, the Immigration Department still has the record. The documentation needed from the employer side is significantly reduced. 

Lead Time

Finally, the Immigration Department will finalise the AMTPS visa application around 4-6 weeks. Last but not the least, the applicant cannot begin the new employment duties until the visa is approved. There is no exception to this rule.   

For further information, please contact us. 

You may want to read: HIRING A MAINLAND TALENTS TO WORK AND LIVE IN HONG KONG?

Generally speaking, visitors must depart Hong Kong before the expiry of their limit of stay. If there is a special/urgent need to stay longer, visitors may make an extension of stay application within 7 days before their limit of stay expires. Applications will be considered on its own merits. 

How is the Visa Extension situation during COVID-19

The chance of getting a second extension now is still favourable due to the current situation. You may include an explanation letter in your application for extension stating your health concerns and travel restrictions etc. 

Submission of the Application

 Applicants can apply for extension of stay to the Extension Section of the Immigration Department. 

1. Go to 2nd floor (maybe it was the 3rd). The counter officer will give you a registration form, a number, and a place to go to have a short interview.
2. 2 photocopies from the passport: the face side, and the page with the last entry visa (you can get that done there)
3. The interview will be on 24th floor. You need to mention a reason why you can’t return to your home country.
4. They will then give you a time and place to pick up the new visa – cost is HK$230/person. Might take a day or so.
5. Take the slip and pick up your visa and pay the fee.

For further information, please contact us.

You may want to read: WHAT HAPPENS TO YOUR DEPENDENT VISA WHEN YOU ARE GETTING DIVORCED?

Mainland talents cannot automatically move to Hong Kong and work. Undoubtedly, a working visa is required. Hence, the Immigration Department of Hong Kong SAR launched a programme called Admission Scheme for Mainland Talents and Professionals (ASMTP). The objective of the ASMTP is to attract qualified Mainland talents and professionals to work in Hong Kong. In order to meet local manpower needs and enhance Hong Kong’s competitiveness in the globalised market. Equally, the potential applicant must possess special skills and knowledge or experience which are not readily available or in shortage locally. Admitted applicants must have ability to contribute and facilitate the economic growth in Hong Kong.

Eligibility Criteria

• Mainland residents;
• The applicant has no criminal record;
• The applicant holds a bachelor’s degree or above, or possesses relevant technical qualifications, professional expertise, working experience and achievements;
• There is a genuine job vacancy;
• The applicant holds an offer confirmation of employment
• The applicant is employed in a job that is relevant to his academic qualifications or experience that local work force is not able to offer;
• The remuneration package is broadly commensurate with the prevailing market level for professionals in Hong Kong.

Documents to be Submitted by the Applicants

• An application form;
• The applicant’s recent photograph;
• Photocopy of travel document and the identity card;
• Photocopies of proof of academic qualifications and relevant experience;
• A letter of consent in relation to working in Hong Kong from the present employer or relevant authorities.

Documents to be Submitted by the Employers

• An application form;
• A photocopy of the employment contract containing information about post, salaries, other fringe benefits and employment periods etc.;
• A photocopy of the Business Registration Certificate;
• Photocopies of proof of financial standing of the company (e.g. latest audited financial report, profit and loss account and tax return, etc.);
• The company profile (e.g. business activities, mode of operation, products and markets, etc.);
• A detailed business plan (for a company newly set-up within 1 year only)

Entry Arrangement

The Immigration Department will issue a self-adhesive entry permit label to the successful applicant through the employing company. The successful applicant should then apply for an Exit-entry Permit (EEP)and a relevant exit endorsement from his/her household registration in the Public Security Bureau office. The visa label should affixed on a blank endorsement page of the applicant’s EEP. Then the applicant should present the EEP for immigration examination upon arrival in Hong Kong. In case the applicant’s EEP bearing the relevant exit endorsement is an electronic EEP. Then the applicant should present together with the entry permit label issued to him/her for immigration arrival clearance.

How long does it take for process an application?

It normally takes 4 weeks to process entry permit application for employment under ASMTP upon receipt of all the required documents.

For further information, please contact us.

You may want to read: HIRING SEASON IS APPROACHING IN HONG KONG!