Work Visa hong kong

1. FastLane Group ‘ Together We Build Better Business ’ Work Visa An Employers Guide to Hong Kong Visas ©FastLane Group June 2020

2. FastLane Group I Work Visa An Employers Guide to Hong Kong Visas About FastLane Founded in 2013, The FastLane Group is an Download as a free PDF at: innovation and technology to provide Get in Touch venture capitalists. Hong Kong, China and the ASEAN region. This eBook was first published in June 2020 ©FastLane Group 2020 services, including accountancy, auditing, Disclaimer and HR advisory assistance, the FastLane Group suite of services to our clients. on for, tax, legal or accounting advice. transaction. in Hong Kong and other jurisdictions. Our Mission cutting edge technologies across a suite of and accountant. ©FastLane Group June 2020

3. Work Visa An Employers Guide to Hong Kong Visas FastLane Group I Table of Contents 1 2 2 Hong Kong’s Immigration Policy – Overview 3 Types of Visas Employment Visa Investment Visa Quality Migrant Admission Scheme Dependent Visa Technology Talent Admission Scheme Admission Scheme for Mainland Talents and Professionals Immigration Arrangement for Non-local Graduates 3 4 5 10 Employer Obligations 11 Common Mistakes When Applying for a Visa 12 How Can a Professional Firm Help?

4. FastLane Group I Work Visa An Employers Guide to Hong Kong Visas Introduction The various professional opportunities found in Hong Kong substantiates the city’s reputation as an attractive destination for business. With Hong Kong recognized as a major international economic hub, entrepreneurs and SME’s around the world continue to utilize Hong Kong as their base of operations. Hong Kong’s immigration policy has played a vital role by enhancing the city’s attractiveness to foreign professionals and investors. In this e-book, we look to provide an overview of Hong Kong’s immigration policy and how interested parties can apply for the various visas available. ©FastLane Group June 2020

5. FastLane Group I Work Visa An Employers Guide to Hong Kong Visas 1 Hong Kong’s Immigration Policy Overview Hong Kong maintains a liberal immigration policy whereby nationals of approximately 170 countries are able to travel to Hong Kong without the need of a visa. However, acquiring a visa for employment purposes in Hong Kong is comparatively trickier and applicants will need to meet various eligibility requirements. Luckily, the Hong Kong government offers various types of visas to attract the abundant number of professionals seeking employment in Hong Kong. ©FastLane Group June 2020 2

6. Types of Visas 2 Types of Visas Kong authorities to demonstrate their education, the presence of a genuine job vacancy and whether the applicant has a confirmed offer of employment for a job relevant to their academic qualifications. Other factors which will be scrutinized include the remuneration package offered to the applicant. This is done so to determine whether the value of the remuneration package is in line with the prevailing market rate for other local professionals in similar fields. As previously mentioned, Mainland Chinese residents are not eligible to apply for visas under GEP unless they meet certain criteria. Overseas Chinese nationals holding Chinese passports may apply to the GEP scheme if they are able to demonstrate that they have a permanent residence overseas, or that they have been residing overseas for at least one year immediately before the submission of the application. Under the scope of GEP, overseas is defined as any country or territory outside of Mainland China, Hong Kong or Macau. Furthermore, the application must be submitted from an overseas address. Other Considerations Applicants who have successfully obtained a visa under GEP may also apply to bring their spouse to Hong Kong. Eligibility for this scheme is determined by an applicant's ability to demonstrate that there is a genuine relationship between the two parties and that the applicant is able to support their dependents' life in Hong Kong. A dependent’s visa and their length of stay will normally be linked to their sponsor, in this case, the original applicant. Typically, visa schemes for entry into Hong Kong are categorized by their nature. Visas are recognized for their purposes of employment, investment, starting a business and other work-related purposes. 2.0 Employment Visa Employment Visas are granted to individuals under the General Employment Policy (“GEP”) scheme and are provided to individuals who intend to reside in Hong Kong, be employed by a Hong Kong company and are typically granted within four weeks upon the Hong Kong authorities receipt of all required application documents. The scheme is non-sector specific and there are no limits regarding the number of Employment Visas a Hong Kong company can apply for. However, the application process can only begin once an individual has secured employment with a Hong Kong company. Unlike other visa schemes, GEP does not maintain a quota system. All applications will be reviewed on a case by case basis. Generally, Mainland Chinese residents and nationals of Afghanistan, Cuba, Laos, North Korea, Nepal and Vietnam are not eligible to apply for visas under the GEP scheme. Nonetheless, Mainland Chinese residents can apply under certain circumstances to be discussed further below. Eligibility Requirements To be eligible for a visa under GEP, an applicant must be able to pass various background checks. Applicants must provide documentation to Hong 3

7. FastLane Group I Work Visa An Employers Guide to Hong Kong Visas Eligibility Requirements To meet the eligibility requirements for an Investment Visa’s, applicants must demonstrate through their business plan that they will make a significant contribution to Hong Kong’s economy. The exact criteria for what will be assessed in the business plan is as follows: Two-year business plan stating the nature of the business, market analysis, market positioning, business direction, sales targets, product marketing strategy; Two-year forecast of the profit-and-loss account statement Statement of cash flow and balance sheet; Organizational structure of the company; Extent of the company adopting new technology or skills; and Initial capital investment from the applicant 2.1 Investment Visa Hong Kong has visas catered to foreign entrepreneurs under the special migration visa scheme Entry for Investment. This visa type will be issued to owners of Hong Kong companies is generally issued for a one-year period and is renewable so long as the applicant's business remains viable. When applying, one of the primary criteria for this visa is that the applicant must be able to demonstrate that their business will make a significant contribution to Hong Kong’s economy. Authorities will determine this by closely examining a two-year business plan and financial projection submitted in the application. The purpose of examining the business plan is to understand whether an applicant’s business will create jobs for Hong Kong’s workforce, and the likelihood that their business will engage the services of other Hong Kong companies. Authorities will thus scrutinize the quality of the submitted business plan to ensure that grow is achievable. Other aspects to be considered are the operational plan and the quality of the administrative and management team. Other Considerations Applicants who intend to establish or join a Hong Kong start-up business will find their application examined and scrutinized with similar standards to other applications. However, to the extent that a start-up business in consideration is supported by a Hong Kong government-backed program, the application will be reviewed under more favorable circumstances. Such programs include the Cyberport Incubation Program and the Design Incubation Program administered by the Hong Kong Design Centre. To improve the odds of an application's success, applicants should make certain that their submitted business plan demonstrates that their business can sustain operational expenses for at least an initial 3-6-month period. ©FastLane Group June 2020 4

8. Types of Visas 2.2 Quality Migrant Admission Scheme (“QMAS”) Visa QMAS is a quota-based entrant scheme to assist highly skilled or talented individuals immigrate to Hong Kong. Such individuals are targeted due to their ability to enhance Hong Kong’s economic competitiveness. As opposed to other visa schemes, QMAS does not require their applicants to secure employment with a Hong Kong company before arriving in Hong Kong. Eligibility Requirements To qualify for a visa under QMAS, applicants must satisfy various prerequisites. Applicants must be able to demonstrate that, apart from being aged 18 or above, they can support themselves and their dependents with their own financial resources. Furthermore, they must be proficient in written and spoken Chinese or English and have first obtained a Masters degree from a recognized university or a tertiary educational institution with a proven track record of at least 10+ years of working experience in their field of expertise. In the event that an applicant fails to provide sufficient supporting documentation to demonstrate that they have met the eligibility requirements, or if the applicant has a criminal record or adverse immigration record in Hong Kong or elsewhere, an application will be immediately refused. Selection Exercise Once an applicant is deemed to have met the prerequisites, they will be further assessed under either a General Points Test or an Achievement-based Points Test. The above tests are conducted on a regular basis for quota allocation purposes. Applicants who manage to obtain a minimum passing mark from either of these tests will be ranked according to the points awarded. As this scheme utilizes a quota system, high scoring applicants will be allowed to further proceed through the application process. These individuals will be short-listed for further assessment. Applicants who are allotted a spot in the selection quota will be issued an Approval-in-principle letter. This letter will invite the applicant to come to Hong Kong to attend an in person interview and present original versions of all their submitted documents for verification purposes. To the extent that all original documents are accepted and the relevant application procedures are finalized, applicants will be issued with a visa / entry permit under the QMAS scheme. Other Considerations Due to the number of applications the Hong Kong authorities receive and the time required to process each one, an applicant can regard their application as still being processed unless they have received an official response. The application processing period takes a minimum of 6-8 months. 5

9. FastLane Group I Work Visa An Employers Guide to Hong Kong Visas 2.3 Dependent Visa Dependent visas are only granted to the immediate family members of foreign nationals who were granted a Hong Kong visa for the purposes of employment, investment, training or study in Hong Kong. They are also granted to the immediate family members of permanent Hong Kong residents. In other words, these visas are essentially relocation visas with its application process requiring approximately six weeks to complete. Eligibility Requirements To apply for a dependent visa, applicants must fulfill meet the following conditions: Must provide reasonable proof of a genuine relationship between the applicant and the sponsor There should not be a known record that is detrimental to the applicant The sponsor must demonstrate that they can substantially support their dependents and provide suitable accommodation during their stay in Hong Kong When processing an application, authorities will request identification documents, copy of proof of financial standing and proof of accommodations in Hong Kong. Other Considerations We recognize that oftentimes, visa applicants are applying from abroad. In such situations, relevant documents should be submitted in person to the local Chinese Embassy or Consulate in the applicant’s respective country. Dependents should not be concerned about their employment status as they are also eligible to take up employment in Hong Kong if they meet the following criteria: Their sponsor is a Hong Kong permanent resident Their sponsor is not subject to a limit of stay They have obtained an employment contract They are an Entrant under the Capital Investment Entrant Scheme or the Quality Migrant Admission Scheme Please note that dependents who have been admitted into Hong Kong to study are not eligible to take up employment unless permis- sion has been obtained from Hong Kong’s Immigration Department. ©FastLane Group June 2020 6

10. Types of Visas 2.4 Technology Talent Admission Scheme Technology Talent Admission Scheme (“TechTAS”) is a three-year program catered towards overseas and Mainland Chinese technology talent. The scheme is structured on a quota basis and provides a fast-track arrangement for eligible technology companies and institutions to admit these qualifying individuals for the purpose of conducting research and development. As this scheme is run on a quota basis, there are no specific deadlines for the application process. So long as the quota has not been filled, prospective applicants are encouraged to apply. Each quota will be valid for 6 months. Within this quota validity period, the applicant company/institute may submit applications with the Immigration Department to sponsor eligible non-local persons fitting the specification set out in the quota allotment letter to apply for an employment visa/entry permit to work in Hong Kong. Eligibility Requirements Under TechTAS, employers must apply for these visas on behalf of their employees. Unfortunately, only eligible technology companies and institute are allowed to apply. Eligible parties are considered to be those who are applying through the Hong Kong Science and Technology Parks Corporation (“HKSTPC”) or the Hong Kong Cyberport Management Company Limited (“Cyberport”). Applicant companies must be a technology company or institute that, at the time of the application, is a tenant or incubee of either HKSTPC or Cyberport. Furthermore, these companies must be engaged in a technology focus such as biotechnology, artificial intelligence, cyber security, robotics or analytics etc. Companies applying on behalf of their staff must ensure that their staff’s job responsibilities are in line with the nature of their sponsoring company. In other words, the non-local talent must be hired for the purposes of engaging principally in conducting research and development in the above mentioned areas of focus. In addition, STEM degree holders are also allowed to apply. However, to the extent that applicants only possess a bachelor's degree, they must also demonstrate that they have at least one year work experience in the relevant technology area to be eligible. Individuals with masters or doctoral degrees do not need to provide evidence of work experience. Other Considerations Compared to other visa application schemes such as GEP and ASMTP, there is no need for the employing company / institute under TechTAS to justify their difficulty finding local talent for recruitment. In applying for an employment visa / entry permit under TechTAS, applicants are required to submit supporting documents such as a copy of his / her valid travel documentation, proof of academic qualifications and work experiences, etc. As the company’s eligibility has been examined during the quota application stage, the standard processing time for visa / entry permit applications under TechTAS can therefore be shortened to two weeks, conditional on the receipt of all the required documents. This processing time is considerably shorter compared to other visa schemes offered in Hong Kong. 7

11. FastLane Group I Work Visa An Employers Guide to Hong Kong Visas 2.5 Admission Scheme for Mainland Talents and Professionals (“ASMTP”) The objective of the ASMTP is to attract qualified Mainland Chinese talents and professionals to work in Hong Kong. The scheme seeks individuals to help Hong Kong meet its local manpower needs and further enhance the city’s competitiveness in the globalised market. Applicants must possess special skills, knowledge or experience of value that is not readily available or is in shortage locally. Admitted talents and professionals must be able to contribute to the operation of their respective employer and business sector with an intention to facilitate Hong Kong’s economic development. Eligibility Requirements As mentioned above, residents of Mainland China must possess special skills, knowledge or experience of value that is not readily available in Hong Kong may apply under the ASMTP. Eligibility is determined largely by the circumstances of the employment. Typically, immigration authorities will view an application favorably if they meet the following criteria: There is no security objection and no known record of serious crime in respect of the applicant; The applicant has a good education background, normally a first degree in the relevant field, but in special circumstances, good technical qualifications, proven professional abilities and / or relevant experience and achievements supported by documentary evidence may also be accepted; There is a genuine job vacancy at the sponsoring company; The applicant has a confirmed offer of employment and is employed in a job relevant to his academic qualifications or work experience that cannot be readily taken up by the local workforce; and The remuneration package including income, accommodation, medical and other fringe benefits is broadly commensurate with the prevailing market level for other professionals of similar profession in Hong Kong. Other Considerations The typical entry permit application processing time under ASMTP, upon receipt of all required supporting application documents, is four weeks. The Immigration Department will not be able to start processing the application unless all the required documents and information have been received. ©FastLane Group June 2020 8

12. Types of Visas 2.6 Immigration Arrangement for Non-local Graduates (“IANG”) IANG was introduced to encourage non-local graduates to stay and work as professionals in Hong Kong. Under the IANG, any non-local student who has obtained a degree or higher qualification from a full-time, locally accredited program in Hong Kong can apply to stay or return to work in Hong Kong. Applicants who cannot provide proof of graduation are not eligible to apply under IANG. However, to the extent that an applicant has graduated but has yet to receive their graduation certificate, that applicant may still apply when their institution provides confirmation of their graduation. Each application under IANG will be assessed by the Hong Kong Immigration Department on a case-by-case basis in regards to the skills and knowledge needed for the job, complexity of the duties to be performed and so on. Other Considerations Successful applicants under IANG may be granted permission to work in Hong Kong for a period of 12 months on the condition that normal immigration requirements are met, regardless the term of employment. Under IANG, there are no restrictions on the number of times a non-local graduate may apply for a visa. For example, a non-local graduate may have been admitted to work in Hong Kong under IANG and have subsequently left the city after completing their term of employment. That individual may subsequently return to Hong Kong under separate employment and re-apply for a visa under IANG. Eligibility Requirements Persons who have entered Hong Kong for the purpose of education with a student visa / entry permit issued by Hong Kong’s Director of Immigration are eligible to apply - including individuals who have graduated from Hong Kong a long time ago. Individuals admitted under IANG are free to seek new employment in Hong Kong during their permitted stay without seeking prior approval from Hong Kong’s immigration department. Overseas Chinese residents who hold a Chinese passport may apply to enter Hong Kong under the IANG if they meet the following conditions: Has permanent resident overseas; or Has been residing overseas (countries or territories outside of Mainland China, Hong Kong or Macau) for at least one year immediately before the submission of the application 11 9

13. FastLane Group I Work Visa An Employers Guide to Hong Kong Visas 3 Employer Obligations During a visa application process, applicants should ensure that they remain in frequent contact with their employer. To support an application, applicants must obtain several documentations that can only be provided by an employer. These documents will be used as supporting evidence to demonstrate the sponsorship relationship between the applicant and their employer. Employers should provide their employees with a copy of their employment contract or letter of appointment, detailing the remuneration benefits of the employee. Other documents such as a copy of the company’s Business Registration Certificate and proof of financial standing must also be provided. A business plan must be submitted to the extent that an employer is a recently formed Hong Kong company, defined as a company incorporated within 12 months of the date of the visa application. The details of the business plan must be in line with the expectations set out in the Entry for Invest- ment scheme. Please refer to the above for what should be included in a submitted business plan. If you are an employer and have questions regarding how you can help your staff through their visa application process, please contact the FastLane Group for support! ©FastLane Group June 2020 10

14. Common mistakes when applying for a visa 4 Common Mistakes When Applying for a Visa once an application has been filed. If an applicant has missed this deadline, the Immigration Department will close the case and the applicant will have to file a new application. For example, under the Entry for Investment scheme, applicants must provide a business plan demonstrating that their business will bring substantial positive impact on the Hong Kong economy. The details of a business plan must be comprehensive and answer all questions that the authorities may ask. Infor- mation regarding the capital investment, proposed business vehicles and planned location of the businesses office must be outlined. Applicants will often fail to provide all details necessary, or may not even realize certain information is necessary. Loosely structured business plans that just meet the bare minimum requirements face a higher chance of rejection by reviewing authorities. Other common mistakes pertain to the sponsorship details of employment visas. Many individuals applying for a visa assume that by simply having an employer sponsor their visa application, they will be eligible to work in Hong Kong. However, as previously mentioned, visa applications will only be accepted if the employer is a recognized Hong Kong company. Oftentimes, individuals will apply for a Hong Kong visa only to get rejected. There are many reasons why such an outcome can occur. At the FastLane Group, we have assisted numerous clients over the years in their visa application process and have observed that the most common reason for rejection is a lack of understanding of the various application eligibility criteria. Applicants will often review a visa application and its requirements themselves. However, a lack of clear knowledge regarding what the Hong Kong Immgiration Department requires hinders their ability to gather the necessary supporting documentation to aid their application. Moreover, the Immigration Department will only give 2-3 weeks to submit the outstanding documents and information If you are unsure whether you meet the eligibility requirements for a visa, please contact the FastLane Group for assistance! ©FastLane Group June 2020 11

15. FastLane Group I Work Visa An Employers Guide to Hong Kong Visas 5 Why Should You Hire A Professional Firm? To the extent that a visa applicant finds that their application has been rejected, submission of subsequent applications will be comparatively more difficult. In other words, the highest likelihood of an application being accepted is the initial submission. If possible, engage a professional firm to assist you in your application. Professional firms such as the FastLane Group are experienced in handling various visa application procedures and can advise on how authorities will interpret your application. For example, the Entry for Investment visa places significant importance on the submitted business plan. Professional firms, understanding what is expected from the reviewing authorities, can advise on how to draft a business plan that is in line with expec- tations. In addition, as many applicants are often not in Hong Kong during the application process, a majority of individuals will complete their application procedures abroad. Professional firms like the FastLane Group can act as your local sponsor and submit your application on an applicant’s behalf. Subsequent actions such as liaising with authorities and handling any subsequent submissions can also be managed by a professional firm. ©FastLane Group June 2020 12

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