In our previous article, we discussed the general steps and stages of hiring an expatriate. While hiring expatriates in Hong Kong can be costly, it is essential for companies to weigh these expenses against the benefits of attracting skilled talent to support their operations in this dynamic market. Effective visa management is crucial for keeping the expatriates working efficiently in Hong Kong. As an HR professional, understanding the intricacies of this process ensures compliance with local regulations and smooth transitions for expatriates. This article provides a comprehensive guide on managing expatriate visas from an HR perspective.

1. Pre-Arrival

Employment Visa Application

Once the assignment is confirmed, the HR department should start the visa application process immediately. It usually takes around 2-4 weeks for the applicant and the company to gather supporting documents and prepare the application form. The most common types of working visas are the General Employment Policy (GEP) visa and the Admission Scheme for Mainland Talents and Professionals (ASMTP) visa. The processing time for either type of Hong Kong work visa application is approximately 4-8 weeks after submitting a complete application package to the Hong Kong Immigration Department.

The HR department should closely monitor the application status and respond to any additional requests from the Hong Kong Immigration Department. The key to a smooth application process is to prepare accurate and complete documentation, avoiding further requests from the Hong Kong Immigration Department. Essential documents include the employment contract, proofs of the applicant’s identity and qualifications, the company’s office, registry and financial documents, along with any other relevant supporting documents.

Spouses and children under 18 years old are eligible for dependent visas. Proof of relationship (e.g., marriage certificate, birth certificates) and evidence of financial support will be required for the application.

It is advisable to confirm the number of accompanying family members and their planned arrival dates in Hong Kong. Whenever possible, the dependent visa application should be submitted together with the employee's employment visa application to save time, money, and effort. Filing applications separately requires the sponsor (the employment visa holder) to have settled in Hong Kong and provide proof that they can support their family financially and provide suitable accommodation. The processing time for a Hong Kong dependent visa application is around 4-6 weeks after submission. Filing applications separately could also result in a significant gap before the family members can join the employee in Hong Kong.

2. Arrival and Onboarding

Travelling and moving

Travel arrangements, temporary accommodation, and moving services should be coordinated closely with the visa application. Flight bookings should only be made once the visa is approved. Moving services should also be subject to the visa availability, as shipment clearance requires visa copies.

Onboarding Process

Visa Extension Process

Managing Dependent Visas

Keeping track of the validity of dependent visas and ensuring timely renewals is equally important. Although dependent visas typically have the same expiry date as the sponsor’s employment visa, each individual’s visa is also subject to their travel document validity, which could result in a shorter validity period for dependent visas.

Changing Employer, Changing Visa Sponsorship or Moving within the Company Group

An employee under the two most common types of Hong Kong employment visas (GEP or ASMTP) must first obtain approval from the Hong Kong Immigration Department before they can work for an employer other than their current visa sponsor.  The Immigration Department’s definitions and requirements for change of employer in Hong Kong mean that even changes of employment within entities of the same organization require prior approval from the Immigration Department. The general processing time at the Hong Kong Immigration Department is 4-6 weeks from the date of application submission.

4. End of Assignment: Transition and Departure

Exit Formalities

The company should ensure all exit procedures are followed, including informing the Immigration of the departure of the employment visa holders and completing salaries tax reporting.

5. Conclusion

Effective management of expatriate visas is essential for ensuring a smooth and compliant process throughout the expatriate life cycle. HR professionals play a critical role in facilitating this process. Given the already heavy workload of HR professionals, leveraging a Hong Kong visa agency or immigration consultants can significantly reduce the risk of errors in the complex visa application process.  Kaizen offers visa support services, including pre-arrival visa assessment, employment visas, talent visas preparations, visa extension management bundle services, and constant updates on visa conditions and compliance requirements.

By following above guidelines, HR can support expatriates in their transition and ensure compliance with Hong Kong’s immigration laws. Understanding the specific requirements of each type of employment visa such as the GEP and the ASMTP visa will further enhance HR’s ability to manage expatriate visas effectively.

Related Topics: From an HR’s View (Part I) – Hiring Expatriates in Hong Kong

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