14 December 2020
2020
Applying for Employment Visas in Hong Kong
Primasia is a Hong Kong based company incorporations services provider, which has been supporting our local client and overseas clients from across the world since 1987. With over three decades’ worth of experience and knowledge of our field, we have been able to successfully incorporate our clients in top business locations across Asia. Hong Kong offers a very business-friendly environment for employment, both for the recruitment of local staff and for the relocation to Hong Kong of overseas staff. In addition, Hong Kong offers a pool of multilingual, skilled labour with a strong work ethic. Because of Hong Kong’s employee friendly rules, management/labour disputes involving individuals are rare and strikes are virtually unknown to Hong Kong. In addition, Hong Kong’s low tax rates are an incentive for both companies and individuals to relocate to Hong Kong, and the city has an open-door policy making obtaining a work visa for employees or an investment visa for entrepreneurs easier than most other jurisdictions in East Asia.
The Hong Kong employment law is a straightforward process, with most of the provisions and protections contained in the Employment Ordinance (EO), a single piece of legislation that cannot be contracted out of. The EO includes basic provisions such as minimum annual leave entitlements, due dates for payment of salary, and rules on dismissal, sick leave, maternity leave and so on. Anyone that is familiar with European rules will be pleasantly surprised to find that there are no complicated procedural requirements for terminations (first and second written warnings, etc.). If you’re interested in learning more about Hong Kong’s general employment provision, click the link to this blog article here.
Visas
Hong Kong is a separate travel area from Mainland China. Hong Kong has a visa-free entry for residents from over 170 countries and territories for trips ranging from seven to 180 days. Short-term visitors may conduct business negotiations and sign contracts while entering Hong Kong on a visitor or entry permit.
Hong Kong has an open-door policy of actively encouraging people to contribute to the Hong Kong economy by working or investing in the city. Generally, foreign nationals must obtain a visa before entering Hong Kong to live, work and invest. In this article, we go into detail on how to obtain an employment visa in Hong Kong.
Employment Visa
To employ people from overseas, it must be demonstrated that the proposed employee has special skills, knowledge, or experience not readily available in Hong Kong. The proposed employee will need a sponsor (employer in Hong Kong) and must complete a visa application form. This form can be sent directly to the Immigration Department in Hong Kong, or to the Chinese Embassy or Consul-General in the applicant’s home country.
According to the Hong Kong Immigration Department Website. An application for a visa/entry permit to enter the HKSAR for employment may be favourably considered if:
- There is no security objection and no known record of a serious crime
- The individual 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
- There is a genuine job vacancy.
The individual will also need a confirmation from his or her sponsor of a confirmed offer of employment and is employed in a job relevant to his/her academic qualifications or work experience that cannot be readily taken up by the local work force. The employment package, including income, accommodation, medical and other fringe benefits, should be broadly commensurate with the prevailing market level for professionals in the HKSAR.
For the best chance of getting your visa/entry permit to enter Hong Kong for employment and investment it maybe favorable if:
- There is no security objection and no known record of serious crime.
- The individual has a good education background. (In special circumstances, good technical qualifications, proven professional abilities and/or relevant experience and achievements supported by documentary evidence maybe accepted)
- The individual can make substantial contribution to the economy, with consideration factors including:
- business plan
- business turnover
- financial resources
- investment sum
- number of jobs created locally
- introduction of new technology or skills.
If the individual also wishes to establish or join in a start-up business may also apply. The Immigration Department may consider the application favorably, if:
- If start-up business concerned is supported by a government-backed program with a rigorous vetting and selection process
- The applicant is the proprietor or partner of the start-up company or a key researcher of the relevant project.
These above entry arrangements do not apply to:
- Chinese residents of the Mainland
- Nationals of Afghanistan, Cuba, Laos, South Korea, Nepal and Vietnam
PRC passport holders living overseas who meet the criteria to the above information may also apply to enter the HKSAR for employment if:
- the applicant has permanent residence overseas
- the applicant has been residing overseas for at least one year immediately before the submission
Primasia would welcome the opportunity to assist you with applying for an employment visa if necessary. If you’re looking for more information about the investment visa process, Primasia has written a beginner’s guide on how to obtain a Hong Kong investment visa here. For more information about us, Please click here to visit the Primasia Corporate Services website and learn more about company registration in Asia, as well as the wide range of corporate services we offer.
Primasia Corporate Services is a Hong Kong based corporate services provider that has been supporting its clients in Asia for over three decades. Among several of our services, Primasia Hong Kong (Primasia) offers our clients Online Accounting services, China Company Incorporation services, Virtual CFO services, MPF Filing services, Profit tax filing services, Employment return filing services, Wholly Foreign Owned Enterprise (WFOE) incorporation and registration services etc. One of our services which we are proud to be offering our clientele is our investment visa and working visa Hong Kong services.
Connect with Primasia Corporate Services Limited
Hong Kong Headquarters: Suite 1106-08, 11/F., Tai Yau Building, No. 181 Johnston Road, Wan Chai, Hong Kong
Website: https://primasia.hk/
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Primasia is a Hong Kong based company incorporations services provider, which has been supporting our local client and overseas clients from across the world since 1987. With over three decades’ worth of experience and knowledge of our field, we have been able to successfully incorporate our clients in top business locations across Asia. Hong Kong …
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