Batgung - visa

HK Immigration treatment of long term foreign "perpetual visitors"

Sat, 02 Oct 2010 17:05:31 +0000

Hello all,

First, I'd like to say this site is wonderful... it gave me many a good tip, tidbit, and chuckle when I first arrived in Hong Kong as an expat about 3yrs ago.

I was employed in Hong Kong for about 3yrs. Then, about half a year ago, I decided to take a break from my place of employment to do independent consulting work. For all sorts of complicated reasons I will not go into, it was best that I terminate my employment and settle my HKIRD tax balance, i.e. exit tax. (Presumably my work visa has terminated as well, though interestingly enough my HKID card seems to work fine at airport immigration!)

Since a half year ago I have not taken any monies onshore HK as none of the consulting work I have done so far is onshore HK. However, I do live here when I am not traveling because I own a flat here. In the eyes of immigration I suppose I am a foreign visitor who does serial stints of up to 90days visit. By my days calculation, at the end of this year I will come up against the 180days+ worth of stay in HK as a visitor status, and 180days is the test for residency. My understanding is that universally (not just HK), the residency test generally provokes the need to file a tax form (which I find pointless because it will be a bunch of zeros for onshore HK income).

So far, I have not bothered with registering a business in HK, even as a sole proprietor (which may not even be possible for me, as I am not a permanent resident). I would like opinions on whether 1) I should motivate to make myself a legitimate HK resident via registration of a company and employing myself, 2) I should be mindful of 180days/yr threshold for residency (and thus plan to never be in HK >180days), or 3) will Immigration tolerate my presence as a perpetual visitor?

Many thanks in advance for your feedback.

Permanent Resident Employment 'Rights'

Oldish China Hand — Sun, 02 May 2010 09:50:33 +0000

You read a lot about employers only being allowed to recruit from overseas if they are unable to fill a position locally. I often wonder how rigorously the Immigration Dept. checks on this. I accept that they may ask for proof of a job search having been completed etc. but surely if a company really wants a certain individual from overseas they can probably fabricate some very unique skill set that just isn't providable by anybody else. My question then is this - as a permanent resident if you knew that a company was hiring for a position that you were perfectly capable of filling but which went to somebody non-resident - do you have any right to complain? And if you did - what would the likely repurcussions be for both yourself and the prospective employer?

Working Visa to HK

Sun, 17 May 2009 01:41:51 +0000

Hello,

I have an HK company in Hong Kong for the last 6 years.

The company is successful company, but until recently I have lived abroad, therefore I did not need working Visa.

I want to move to HK.

I have checked with immigration and I have understand that I can do investment Visa, but as I do not know how to do it.

Is it enoguh that I have hte company ?

What should I do to get a visa ?

Thanks,

Shay.

Visas for Dependents

Fri, 20 Feb 2009 11:45:35 +0000

Hi,

My company may offer me a job in Hong Kong, in which case they will sort out my visa but I worry about my partner. I know depedents of those with visas can work, but what is the definition of dependent? Do you have to be married, as we are not.

dependent visa

twofih — Fri, 16 Jan 2009 16:58:51 +0000

Hi,

I recently applied for dependent visa on 1st Jan and already received the reference number yesterday.

Does anyone here know how long approximately before I receive the letter of visa? will I receive a letter for visa or will it be an interview appointment?

Is there a way to check the reference number online?

Thanks.

Staying in Hong Kong

Sat, 26 Jul 2008 06:32:36 +0000

Apologies for adding to the queries re visa issues but... here's my situation:-

I've been working for some months in Hong Kong. My visa/work permit is about to expire, my boss has not taken any real action to get it renewed (he's a bit of a procratinator, shall we say?) and matters are coming to a head in the office anyways that makes it so that I don't want to work much longer for him.

If it comes down to it: can I stay in Hong Kong until one week or so before my present work visa expires, leave Hong Kong for a couple of weeks, come back on a tourist visa and look for work anew? My fear is of not being let back in -- which would be awful since, if nothing else, I have a lot of stuff here that I have to transport, etc.

Also, officially, if I quit my job, I should tell the immigration people, right? Or is it my employer who should and what if he never does?

Thanks in advance to any one who responds with concrete information and/or helpful advice!

Getting a Job in HK

Sun, 18 May 2008 10:09:06 +0000

I am a 26 year old Chartered Accountant from Melbourne Australia looking to move to Hong Kong and work.

I dont have a HK ID as my parents were already naturalised in Australia at the time of my birth so i will have to look for a company to sponsor my visa.

Im having a little difficulty at the moment as most recruitment agencies i am dealing with aren't really considering me as i am not in the country or they think its too much of a logistical hassle for them.

As the recruiters aren't really helping me at the moment im not sure whether i should:

a - resign from my current employer, come to Hong Kong on a holiday visa and do an intensive employment search (seems pretty risky)

b - tell my work that i want to take a few weeks off and come to HK and try to get a job.

Just wanted to see if anyone had any advice on which option is better or if you have heard of any other stories in your travels on how people from Australia, or other parts of the world get a job in Hong Kong whilst still living overseas..

any advice would be great!