In a shifting geopolitical landscape, Hong Kong's aspirations to emerge as a premier international talent hub and a center for innovation and technology have stood still.

Recent visa programs – such as the Top Talent Pass Scheme (TTPS) and the revived Capital Investment Entrant Scheme (New CIES) – have been introduced to the myriads of existing pathways to allow foreign talents and investors to enter Hong Kong to live, work and invest. This enhances the incentive for many to choose Hong Kong as their base of operations while opening pathways and access to the broader Chinese market. Collectively, these policies and initiatives not only bolster Hong Kong's global image but significantly enhance its capacity to attract and retain international talent, positioning the city as a formidable player in the global talent race.

From the talent’s perspective, before all the relocation management such as rental, shipping, and accommodation arrangements kick in, what matters the most is a proper Hong Kong employment visa. Just like anywhere else, an approved employment visa is compulsory for any talent, employee or assignee to stay and work in Hong Kong.

The Basic Hong Kong Employment Visa

The basic Hong Kong employment visa (or work visa) is comprised of 2 subdivided streams

The General Employment Policy (or “GEP”)

Admission Scheme for Mainland Talents and Professionals (or “ASMTP”)

Visa Application Technicalities and Tips

The required application forms and documents are about the same for both streams as well as processing time (generally 4 weeks or above). The Hong Kong Immigration Department (HK ImmD) will assess each application on its own merit, based on the personal and professional profile of the applicant and legitimacy and financial strength of the Hong Kong sponsoring company (employer). Here are the criteria for both the applicant and the employer:

Applicant:

• No security objection and no known record of serious crime;
• Has a confirmed offer of employment with a sponsoring company;
• Has a good education background (generally a bachelor’s degree or above); in special circumstances, good technical qualifications, proven professional abilities and achievements supported by documentary evidence may also be considered;
• Relevant industry and/or managerial experience in the offered position by the sponsoring company.

Employer:

• Has a genuine need for the proffered position.

• Finance – audit report, management report, bank statements, IRD tax assessments
• Business – company profile, brochure, website, business plan
• Operation – business registration, certificate of incorporation, annual return, tenancy agreement of physical office*, transaction records (invoices, service agreements)
• Human Resource – staff list, MPF statements, local recruitment exercise (specifically targeting the applicant’s post). Note: A crucial consideration in the local recruitment exercise is to demonstrate that the employer initially attempted to recruit local candidates for the position, rather than transferring or hiring from overseas directly. If local candidates are unable or unavailable to fill the position, then it is “justified” to recruit non-local or overseas applicants. A written justification is usually necessary to explain why the applicant has been chosen and to elaborate on the uniqueness and value that he or she can bring to the Hong Kong company.

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Visa Application Timeline and Tips

The entire work visa application process consists of 3 stages and could stretch up to 8 to 12 weeks:

1. Garner all the necessary documents and fill out the application forms (2-3 weeks). Copies of documents will suffice for the application; however original documents should be retained and presented to the ImmD upon request.
   
   
   
2. Employment Visa application submission to ImmD for processing (4-8 weeks). The employment visa application shall be submitted to 7/F [Employment Visa and Visitor Section] for GEP and 6/F [Quality Migrant and Mainlander Resident Section] for ASMTP at the Immigration Tower.
1. Receipt of ImmD acknowledgement letter
2. HK ImmD request for evidence: subject to the HK ImmD officer’s discretion, additional evidence may be requested to support the employment visa application from either the applicant or the sponsoring company
   
   
   

3. HK ImmD Approval (subject to handling officer’s final decision)

1. Visa fee payment and e-Visa issuance. Note: On the 28th of December 2021, the Hong Kong Immigration Department has implemented the “e-Visa”. For details, please refer to HK ImmD’s website “e-Visa” | Immigration Department (immd.gov.hk)
2. Entry to Hong Kong (visa activation) and HKID card application

A dependent visa can be applied for together with the employment visa for the spouse or children. Depending on the number of dependents, a certain amount of offered salary to the main applicant would be one of the eligibility considerations, as the applicant has to demonstrate their capability to support their dependents financially. The spouse is eligible to work in Hong Kong with their dependent visa.

While the process and documentation required for a Hong Kong employment visa are relatively straightforward and less cumbersome compared to other countries' work visa programs, it is crucial to be aware of various details to mitigate the risk of a refusal. Unfortunately, if a work visa application is refused, a traceable negative record will remain in the Hong Kong Immigration Department’s system for both the applicant and the sponsoring company, which may pose a barrier to future applications.

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Other Hong Kong Employment (Work) Visas

Et voilà!

Should you have any queries about the Hong Kong GEP or ASMTP employment visa applications or would like to have your eligibility assessed under other programs, please do not hesitate to contact Kaizen’s Mobility and Migration team for a free consultation with one of our Hong Kong immigration specialists!

Related Topics: HK Investment as Entrepreneur Visa | HK Employment Visa (GEP & ASMTP)

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