Immigraion To Hong Kong

THE CLIMATE GETTING HERE ENTRY REQUIREMENTS TEMPORARY VISITORS OBTAINING APPROVAL TO RESIDE AND WORK OR INVEST IN HONG KONG EMPLOYMENT VISA INVESTMENT VISA DEPENDANT RESIDENCE HONG KONG IDENTY CARD TAXATION DEDUCTION AND ALLOWANCES PAYING YOUR DUES SETTING UP BUSINESS IN HONG KONG BUSINESS REGISTRATION Immigration   Business   Health and Fitness

OBTAINING APPROVAL TO RESIDE
AND WORK OR INVEST IN HONG
KONG

In general, persons who do not have the right of abode or
right to land in Hong Kong may not take up employment or
establish or join a business in Hong Kong unless they first
secure an appropriate visa from the Hong Kong Immigration
Department (HKID). The criteria, requirements and
procedures relating to the granting of visas permitting work
and business (or investment) differ, and in order to
differentiate between the two, I will refer to them from here
on as either employment or investment visas, according to
context. It is important to remember that, although the Hong
Kong Immigration Ordinance – the law relating to
immigration in Hong Kong – lays down certain provisions as
to the conditions under which foreign nationals may enter
Hong Kong, many of the specifics, such as the eligibility
criteria for the granting of employment and investment visas,
are not prescribed by law. Rather, they are largely
established and applied under HKID departmental policy
with a certain amount of discretion on the part of individual
Immigration Officers dealing with visa applications. Much,
therefore, is not set in stone and it is perfectly possible for
visa applications based on almost identical grounds to result
in different outcomes. There are some prerequisites though,
and the HKID says that it will “favourably consider”
applications for both employment and investment visas if:

(a) the applicant has no known record of serious crime, and
is not subject of a security objection; and either:

(i) he has a good educational background (this
normally means possession of a first degree in therelevant field, but in special circumstances good
technical qualifications, proven professional ability and/or relevant experience and achievement may be acceptable); and

(ii) he has a good educational background (this
normally means possession of a first degree in the
relevant field, but in special circumstances good
technical qualifications, proven professional ability
and/or relevant experience and achievement may be
acceptable); and

he has a good educational background (this normally means possession of a first degree in the relevant field, but in special circumstances good technical qualifications, proven professional ability and/or relevant experience and achievement may be
acceptable); and

he has a confirmed offer of employment in Hong
Kong in a job which is relevant to his academic
qualifications or working experience, and which
cannot be taken up by the local workforce; and

or

(iii) the remuneration package, including income,
accommodation, medical and other fringe benefits, is broadly commensurate with the prevailing market
level for professionals in Hong Kong;

(b) he is in a position to make a substantial contribution to the economy of Hong Kong.
HKID will consider when assessing applications for both, include:

(a) whether there is a genuine vacancy in Hong Kong for the prospective employee

(b) what skills, knowledge and experience are needed for the job;

(c)whether the terms and conditions of employment are
comparable with those in the local market;

(d) whether the applicant is suitably qualified and possesses experience relevant to the job;

and

(e) whether the job vacancy could be filled locally.
Since the procedures for processing employment and investment visas differ considerably, I will deal with them separately.