Are you permitted to work in Hong Kong without an Employment Visa?
Hong Kong as an international and dynamic city, many worldwide expatriates are attracted to explore and invest their careers here. However, there are certain criteria that all expatriates should know and consider in their career planning. Most importantly, employment visas are necessary and best to ensure that they are processed prior to arriving in Hong Kong. Below is an article by Staff Service’s Legal Advisor about the general information and requirements of Employment Visa Applications.
In General, unless a person has the right of abode or right to land in Hong Kong, he or she requires an entry visa or a permit to visit, work, establish a business, or take up residence in Hong Kong.
Visitor
A visitor may be granted permission to enter and stay in many circumstances upon landing in Hong Kong. For the majority of the visitors, it is for a period of three months and can be extended or renewed. A visitor is allowed to visit Hong Kong for leisure, social or business purposes. But he or she may not work (whether paid or unpaid) or study or start up business in Hong Kong. Evidence may be called for to show that he or she has adequate funds for his or her stay in Hong Kong.
Employment
For working in Hong Kong, an employment visa is needed. Usually it should be applied for prior to the arrival of the applicant in Hong Kong. But it is possible though not usual to be allowed to change the status of stay in Hong Kong after arrival. Re-entry will however be required to validate the employment visa once it has been issued and to record the change of status.
Certain criteria are considered by the Immigration Department on an application for employment visa. They include whether the applicant has special skill, knowledge or experience not available in Hong Kong, and whether the applicant is likely to make a contribution to the economy of Hong Kong. A sponsor will be needed (usually the company employer) to support the application for employment visa. Evidence will have to be produced in respect of there being a vacancy for the post to be filled by the applicant and that no suitable local candidate can be located in Hong Kong. The terms and conditions of employment of the applicant cannot be less favourable than that offered to a local candidate. Obviously the applicant must produce evidence of his personal qualifications and the employer/sponsor will have to show its financial soundness and it being a genuine business.
An employment visa is usually issued for one year on the first application and renewed for a period of one year on the first renewal. It will be extended to two years upon the 2nd and subsequent application for renewal. The actual length of the permitted stay in Hong Kong will of course vary according to individual circumstances.
Usually, it takes about three to four weeks for the Immigration Department to process an application. The most usual time delays are caused by the non-provision or unavailability of documents required by the Immigration Department.
For Mainland and Taiwan residents, there are special procedures.
Other Schemes
There are other schemes through which visas can be issued for employment in Hong Kong. They are the Employment of Degree or Above Level Mainland Student Graduating From UGC-Funded Institutions in Hong Kong Scheme, Employment under the Admission of Mainland Professional Scheme, Employment under the Admission of Talents Scheme. They are primarily targeted for Mainland professionals or specialist skilled (particularly in the technology field) individuals.
Dependant
A resident in Hong Kong may sponsor his or her spouse, unmarried dependant children aged below 21 and aged parents as dependants for a dependant visa to stay in Hong Kong. The sponsor must show that he or she is able to support the dependant’s living at a reasonable standard and provide him or her with suitable accommodation in Hong Kong. This category of course is not available to Mainland Chinese residents.
Re-entry
After issuance of a valid visa, there is no re-entry visa needed for returning to Hong Kong if it is still within the validation period of the visa and the circumstances upon which a person has acquired the resident status have not changed. If the absence is more than 12 months, a person may be required by the Immigration Department to verify the status.
Offences and Penalties
It is an offence to breach a condition of stay imposed by the Immigration Department when visa or permit is granted. If a person works without permission, it is a breach of condition of stay and the maximum penalty is a fine at level 5 and imprisonment of 2 years. An employer who hires a person not entitled to work in Hong Kong also commits an offence and is liable to fine of HK$350,000 and to imprisonment for 3 years.
A person who makes a false statement or representation to an Immigration Officer or forge any document furnished to an Immigration Officer for the purpose of obtain a permit commits an offence and the maximum penalties are a fine of HK$150,000 and imprisonment of 14 years.
Disclaimer : The information provided is for general reference only. Complete information may be obtained from the Immigration Department of the HKSAR Government. Requirements and criteria for entry to and/or stay in Hong Kong are subject to change by the HKSAR Government. Whilst due care and attention have been used to compile the information herein, no warranty is given by Cheng & Pan, Solicitors or Staff Service (H.K.) Co. Ltd. on the accuracy, timeliness and validity of information provided herein and no liability whatsoever will be accepted in respect thereof. Any reliance on the information contained herein will be at the reader’s own risk.
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