The Admission Scheme for Mainland Talents and Professionals (ASMTP) stands out for its frequently changing requirements, increased scrutiny, and specific visa restrictions, unlike other schemes such as the General Employment Policy (GEP). This article aims to update you on the latest developments in the Immigration Department’s policy and help you make the most of the ASMTP scheme as a visa holder.

Documentation Requirements

For nearly all visa types that confer the right to work in Hong Kong, proofs of academic and professional qualifications are essential. The ASMTP is no exception. Due to the rising number of fraudulent documents submitted under this scheme, the Immigration Department has heightened the following documentation requirements:

1. Professional Experience Proofs: The Immigration Department often demands reference letters or employment confirmations from previous and current employers covering the applicant’s entire career, regardless of its length. This includes detailed documentation and proof of all previous employment, even if the applicant has been in the industry for decades. Failure to provide comprehensive documentation may result in the need for detailed explanations for any omissions, which can complicate and delay the application process significantly.

2. Social Security Records: In mainland China, employers contribute to various taxes and fees, including social security. Regional governments can provide a comprehensive record of these contributions for employees. This social security record is frequently requested as additional employment proof, alongside reference letters or employment confirmations. Such records provide a detailed history of an employee’s career, helping to validate their professional experience and ensuring that all contributions have been accurately accounted for.

3. Academic Verification Reports: Recently, the Immigration Department has started requiring third-party academic verification reports for university qualifications. This initially applied to mainland university graduates but has expanded since 2024 to include foreign university qualifications. Only verification reports with a unique reference number, verifiable via university or government platforms, are accepted. This additional verification step is aimed at curbing the submission of fraudulent academic documents and ensuring that all qualifications are legitimate and accurately represented, thereby maintaining the integrity of the application process.

Extension Application Guidelines

ASMTP visa holders often face challenges when applying for visa extensions. Key among these is the end of remote extension measures, which were a special arrangement for all types of visa applications during the Covid-19 era. The Immigration Department officially cancelled these measures on 1 January 2024, affecting all visa holders, not just those under ASMTP. The end of these remote extension measures means that visa holders must be physically present in Hong Kong during both the submission and visa collection stages of their extension applications.

Additionally, there are other restrictions for ASMTP visa holders (as well as holders of a number of other employment visa types):

1. Changing Jobs: ASMTP visas are explicitly tied to the employer, meaning that applicants must secure a new visa with the new employer’s name before commencing new employment.

The challenge arises when an ASMTP visa holder needs to change employment immediately after the visa expiry date but cannot leave their current employer until after this date.

Consider the following case scenario for Mr. A:

(A) ASMTP visa will expire on 1 May 2025;

(B) Current job (with current sponsor) will end on 2 May 2025 &

(C) New job (with new sponsor) will begin on 3 May 2025.

The Immigration Department typically cannot process two applications from the same applicant under two different sponsorships simultaneously. They must complete the extension application first, which generally takes 2-3 weeks, before processing the change of employment application, which takes an additional 4-8 weeks.

This delay can cause significant issues for Mr. A, who needs to commence new employment immediately after his current visa expires but is still employed by their current employer until after the expiry date. By the time the Immigration Department approves the extension and begins processing the change of employment application, the new employment start date may already have passed. In such cases, applicants should consult a professional immigration advisor to explore the possibility of out-of-policy applications on compassionate grounds.

2. Remaining in Hong Kong During Extensions: It is advisable for ASMTP visa holders to remain in Hong Kong during their extension application process. Exiting Hong Kong during this period and failing to return before the visa expiry can cause complications. If the ASMTP visa holder leaves Hong Kong after submitting their extension application but fails to return before the visa expiry date, they may face several challenges upon return.

Firstly, they might need to re-enter Hong Kong as a visitor, which may require obtaining the relevant endorsement for the Hong Kong and Macau Exit and Entry Permit. Once back in Hong Kong, the visa holder might potentially be requested by the Immigration Department to present themselves physically for an interview. During this interview, the visa holder must explain their absence from Hong Kong and provide additional documentation as requested by the Immigration Department.

This process could be lengthy and complicated, often requiring additional processing time.  To avoid such issues, it is highly recommended that ASMTP visa holders remain in Hong Kong throughout the extension application process

Non-Extendable Visa Situations

The Immigration Department typically does not accept extension applications from:

• Short-Term ASMTP Visa Holders: Those with visas limited to a total stay of six months or less. These short-term visas are not usually eligible for extensions, and holders must reapply for a new entry visa if they wish to continue their stay in Hong Kong.

• Expired ASMTP Visa Holders: Individuals who failed to submit an extension application before the expiry date of their ASMTP visas. Once a visa has expired, the holder is no longer eligible to apply for an extension at that point and should apply for a new entry visa.

In exceptional cases, where out-of-policy grounds are justified, seeking professional advice from immigration consultants or advisors is strongly recommended to explore potential extension options. Consultants can provide expert guidance on navigating the complex requirements and help prepare compelling cases for out-of-policy extensions.

By understanding these requirements and preparing accordingly, ASMTP visa holders can better navigate the complexities of the Hong Kong visa process. Thorough preparation, attention to detail, and seeking professional advice when necessary can significantly improve the chances of a smooth and successful application.

Reference:

1.Immigration Department of the Government of the Hong Kong Special Administrative Region. (n.d.). Guidebook for Entry for Employment as Professionals in Hong Kong. https://www.immd.gov.hk/pdforms/ID(E)991.pdf

Related Topics:

HK | Navigating Your Path to Hong Kong (Part I): Tips for GEP and ASMTP Success

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