A Hong Kong Employment Visa Case Example
Hong Kong Employment Visa - Preparing Your Case
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Given that there are many thousands of HK work visa s issued every year and everybody of them is unique, it’s tough to provide any special example or case which serves to explain what’s needed to conclusively pass the Hong Kong work visa approvability test. But we do have one example to share which proves not only the way in which the approvability test is considered in practice but also the way the Immigration Dep. are prepared to believe in a debate that once the facts have been checked out simply stacks up in all of the circumstances. Our customer was the 19-year-old boy of a Japanese eel farmer. At the age of seventeen, he left school in Japan but he had worked steadily on the family eel farm since he was six years in age. His pa was the president for the local eel fishers cooperative in Japan who had entered into a deal with an eel farming concern in Shenzen to provide technical help in the upgrade of their eel growing operations with the aim afterwards for the Japanese cooperative and the Shenzen eel farming operation to co-operate in supplying top of the range eel products to the Japanese market as the lack of land in Japan made it difficult to deliver acceptable eel products at the right quality to demanding Japanese customers. The Japanese cooperative established a branch entity in HK and planned to manage their responsibilities to their Shenzen partners from inside HK and this would be attained by travelling in to go to them 1 or 2 times every week across the border in Shenzen and to start to lay the ground for a tax-efficient entrepot trading operation using HK as the trading arm to control the export operations once acceptable quality product was capable of supply out to Shenzen into the Japanese market. Our 19-year-old customer was named as the HK registered representative for the Japanese cooperative and sent the HK to manage the Shenzhen plant for the Japanese operation.
When we were approached for information on the HK working visa situation, we were at first quite doubtful that there had been an unapprovable visa situation in play.
Our customer was extremely young, had no formal qualifications and aside from the family connection to the president of the local cooperative didn’t have anything especially special about him.
He was learning Cantonese but had no English language abilities but was trusted to be sure that the Shenzen farm was indeed implementing the technical guidance they were receiving from Japan and therefore the China operation was slowly coming up to standard.
Also , the commercial funding for HK was at first extraordinarily modest ; and that was only after the technical issues had been met that any real serious investment was sure to be made in HK itself. When you blend this client’s youth, his shortage of formal education, incapacity to communicate English and the at first modest funding for HK and the proven fact that the farm itself is in China, not in the HKSAR, we were not optimistic that he would in truth be well placed to secure a HK work visa for him.
But after we queried him extremely about what was so interesting about him to this role as well as his folks connection which in and of itself is significant in the grand scheme, we found out that there’s an inherent talent in all eel farmers that not everybody really has. In a way, it is like chicken sexing. Specifically , you can pick up a baby eel from a cohort of newly hatched fingerlings and then understand from the way they flick their tails as a juvenile whether the genetic constitution of that batch is probably going to survive, flourish, and grow to satisfactory weight in the time allotted to production. When these young eels are held in the hand, the ability in considering their viability is an inbuilt component to the technology experience, underpinning the collusion between Japan and Shenzen and our customer had it. When preparing his HK work visa application, we investigated extraordinarily this phenomenon and provided the HK Immigration Office with all the core research papers meaning that this was really, even though weird, fully correct.
To their credit, the HKID accepted the debate and authorised our client’s visa.
As a sequel, a couple of years later I was giving a speak to the HK Human Resources institute and included this example in my lecture. There had been a little team of senior immigration officials present and in the post-talk talk one of them discussed this case had come across his desk and there had been a discourse about the uniqueness of the situation and they had to realize that the human capital component of the situation was adequately satisfied to deserve an approval although it is an important exception to the way that work visa policy typically plays itself out.
So that the key take away from this example is that a HK work visa case if disagreed wholly on its merit can be authorised even in the least likely of circumstances.




Yes, good preparation for working visa Hong Kong purposes is absolutely vital. Make sure you prepare all your documents and double check your papers and facts before making your submission. Applying for a Working Visa Hong Kong can be a lot of hard work.
You could have a locally recruited expatriate. If the applicant is already a 4+ years plus resident of Hong Kong and is set to move jobs within the same industry but over to a different employer, these cases tend to be administrative in nature; but any less than 4 years prior residence or where a previous employment visa was just recently approved or, most typically, where a visitor to Hong Kong is seeking to change status to take up an offer of employment, the case must be forthrightly argued.
The ‘newly-hired-gun-for-Hong-Kong’ scenario is where you have a specifically recruited expat from overseas. Great care has to be taken in preparing, and how you present, these applications. Consideration has to be given to the size, the scope and nature of the Hong Kong operation requiring these skills brought in from overseas specifically and the case made out that Hong Kong will very definitely benefit if the Immigration Department approve the application. The application must be strenuously argued if the Hong Kong business is only recently established or if it is not a particularly sizeable operation. The Immigration Department, simply put, frown upon overseas recruitment so the case must be suitably presented and correctly argued.
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