Foreign employees working on the territory of Hong-Kong must have obtained a working visa before beginning to work and to enter on the territory of Hong-Kong to exercise any professional activities.
The working visa request
Persons looking to work in Hong-Kong have to apply a working visa which must be requested by the future employer (the Sponsor) with the Hong-Kong Immigration Department.
The Immigration Department which manages the population flows has a strict attitude on the work permit relief. It requires to pass an approvability test based on 2 general criteria:
• On the need to employ a foreigner with regard to a local worker who could have an equivalent qualification.
In general, the Immigration Department asks for the proof that the required skills do not exist on the local labour market. The employer and the employee have to motivate the choice and to prove that all the initiatives to find a local worker were made and were not decisive. Then, the work visa application must demonstrate that the future employee has a higher-level education, that the position matches to these university qualifications as well as the professional experience already acquired and the proposed position cannot easily be carried out by a local employee, and therefore an acceptance is fairly possible.
• On the company history, real existence and activity, and its capacity to benefit to the economy of Hong-Kong.
In the case of a newly established company or a first sponsoring application from an existing local company, the employer has to bring the proof that the professional project and the activity set-up will be long-lasting and profitable in the local economy. The Immigration Department requests the presentation of a business plan and a complete market study with proofs of a successful past commercial activity, proofs of financial means supporting the investment, and the demonstration of future jobs creation. It also comes along by the presentation of official documents attested by professionals (banks, lawyers, certified accountant).
The application lasts 4 to 6 weeks. The immigration reserves the right to grant or to reject the working visa.
When the visa request is accepted, this one is valid during one year; from the second year, it is possible for the employer to ask for a two years visa.
Hong Kong ID Card
Every person who intends to stay in Hong-Kong for period overtaking 180 days has to make the request for HKID card with the Immigration Department, within 30 days following the delivery of its work permit realized by its entry on the territory of Hong-Kong.
The HKID Card is delivered has temporary title, and becomes permanent after 7 years.
Working visa treatment in Hong-Kong
Thanks to its network in Hong Kong, MBIA can assist you for the application of long term visa to live and to work in Hong-Kong.
MBIA’s service includes following elements:
• Follow-up of the application process from A to Z
• Supply of a detailed document list to be produced and advices
• Writing of letters required by the Immigration Department
• Creation and/or Revision of documents to sponsor the application before its submission
• Interface with the Immigration Department
• Payment of the visa expenses
• Collection of the visa
• Meeting arrangement for application to the HKID Card
MBIA can also ask in certain cases the assistance of a lawyer expert of immigration matters, just contact us.
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