Hong Kong Employment Visa

General Information on the Hong Kong Employment Visa Process

Hong Kong Employment Visa Information - Click for the Hong Kong Visa Handbook

An application for a visa to take up work in HK will become successful if there isn’t any security objection and no known record of significant crime, you have got a good tutorial background in the appropriate field ; and in special circumstances good technical qualifications, proved pro capabilities and important experience will do as an alternative. There should be a real job vacancy and you have got to have a confirmed offer of work. You’ll be employed in a job pertinent to qualifications or working experience and that job offered to you can’t be promptly taken up by the local work-force. The emolument that you are going to receive which includes earnings, accommodation, medical and other fringe benefits must be broadly comparable with the existing market level for execs in HK. If you take all this together and wrap it up and boil it down to its core essential nature. You have got the work visa approvability test and this is you have to possess special abilities, information or experience of worth to and not widely available in HK.

Furthermore, your employer must be justified in engaging the services of you, an expatriate staff.

Hence so as to qualify for a HK work visa under the approvability test, you want to show that you have special abilities, experience and understanding. Special here in comparison to other foreign nationals and also neighbors. Talents , understanding and experience need to be in the frame of reference of the particular work to be done and those talents, experience and understanding need to be of worth and worth here can be industrial, social, instructional. With all activities that are judged of price but it does rely on the character of the work.

Those abilities must not promptly be available in HK and here the Immigration Dept have their own strategies to figure out whether such abilities are indeed available from inside the local work force.

They frequently engage with other governmental agencies to find official steering and essentially running job adverts and then saying that no appropriate person applied could be a double-edge foil because from one perspective by the virtue of the indisputable fact that you publicize domestically for an applicant, you are admitting that there remains the likelihood of an employer finding the talents they want hereabouts and hence so it’s simply a question of time before an acceptable applicant appears.

From the other perspective, if you do publicize and you claim no appropriate applicants appear, the Immigration Dep. will ask to see the CVs gained in reply. Either way it is a struggle.

Curiously though , the Immigration Dept. don’t truly place the load of establishing the abilities in query aren’t available domestically on the shoulder of the candidate and their suggested employer. But making the debate, this component of the approvability test must be addressed, if not at once then definitely by implication from all of the other things which you’ll be pronouncing supporting your HK work visa application. Types you can sometimes fit into – and then approach your case accordingly are 3 general classifications. These are intra-company transferee and sometimes with an intra-company transferee, there’s no need to get involved in concrete debate because these cases have a tendency to be executive in nature. Nonetheless it is usually advantageous setting out particularly the way the candidate satisfies the separate limbs of the approvability test. It could be an exceedingly plain to you though not always so to the immigration officer that’s taking a look at your case.

Hence the more detail you can supply, the less complicated to certainly appraise your HK working visa application which endorses a rapid approach to approval. You may have a regionally hired expatriate. If the candidate is a 4+ years and resident of HK and is about to move roles in the same industry but over to a different employer, these cases are executive in nature ; but any less than four years previous residence or where a prior work visa was just lately authorized or, most usually where a visitor to HK is wanting to change standing to take up an offer of work, the case must be forthrightly disagreed.

The ‘newly-hired-gun-for-Hong-Kong’ eventuality is where you have got a particularly inducted expat from overseas. Great care must be taken in preparing, and how you present, these applications. Consideration must be given to the size, the scope and nature of the HK operation requiring these talents brought in from overseas in particular and the case made out that HK will definitely benefit if the Immigration Dept approve the application.

The application must be vigorously disagreed if the HK business is just recently established or if it’s not an especially large operation. The Immigration Dept , in layman’s terms scowl on overseas recruitment so that the HK working visa case must be suitably presented and properly disagreed.

There are 4 further issues that must be put into play when thinking about a HK work visa application. The 1st is funding. The Immigration Dep. now have an especially complete form, the ID990B, which effectively puts the candidate to the test of having the ability to demonstrate the important points of the employer who will be sponsoring the application.

Also , if the potential sponsor is a new company, the Immigration Office will be testing that business as well as the exact abilities, experience and understanding of worth shouldn’t be available in HK in respect of the individual candidate. great care needs to be taken when having a new company situation where lots of info is necessary for it to satisfy the Immigration Dep. factors of being a legitimate sponsor. When you’re in HK as a visitor and then an offer of work reveals itself, it’s possible to adjust your standing from visitor to HK working visa. You just need to follow a specific submission strategy which isn’t widely publicized by the HK ID. Naturally, they deter from arriving in HK intending to adjust their standing, keeping up the policy line that all candidates for work standing must apply before they arrive in HKSAR. Additionally , if you’re successful in securing the agreement of the Immigration Dept to take up work for a specific employer, if you want to change employer afterwards, you’ve got to make an application to the Immigration Dep. for those explicit authorizations ; and changing companies, re the issue in the application exercise, is pretty much like as if you are making an application from nothing because when you’re employed in HK and you are given the HK work visa to take up by that job, those approvals are restricted to that specific employer, to that work and those particular terms in your situation and so work visas aren’t transferrable from one employer to the next. any sort of unauthorised work is not lawful work.

The query fairly often turns up as regards what situation is if you’re having a kind of possession percentage in an enterprise that is wanting to employ you to work for them.

The truth of the matter is under HK Immigration law you can’t self-sponsor. What this effectively interprets itself into is that if you have got any price in jeopardy in the employing entity, you are very likely a backer. Now, there is not any set rule in regards to what goes to make worth in peril in these circumstances. Nonetheless a good general rough rule is if you finish up owning between ten percent and 15% of the business, it is quite likely the Immigration Office will see you as a backer in HK instead of a worker for an independent 3rd party entity and it implies that a different approvability test will be applied. If you’re presumed a speculator, they’ll look to work out if you are positioned to make a significant contribution to the economy of HK and this is a totally different test to the special abilities, understanding and experience of price not freely available in HK which is the approvability test which applies, as we have seen, to the HK work visa for ‘mere ‘ workers. It’s vital to appreciate the HK Immigration Office are particularly well resourced and astonishingly experienced. If there’s any effort to hide the share holding and play games with what’s essentially going on, it’s counter-productive because they are going to get to the base of what the possession situation is each HK work visa application and you would like to be coming to the Immigration Department with clean hands.

You need to be well placed to raise your skirt and show them everything, as it were, and if you do this in a truthful and forthright way, you’ll gain the good will of the dept and they may try to accommodate you if it is at all possible in the frame of reference of the numerous policy factors that apply and the way in which the approvability test can be applied in your situation. Most commonly, if the Immigration Dep. accept that the human capital situation really stacks up, you’ll get the HK work visa approval that you’re looking for.