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B A B C 2 0 0 7
D a t e l i n e A s i a
c o n t a c t s
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An expat
may not find it difficult to secure employment in Hong Kong
and it is even easier to commence business in this jurisdiction.
However an expat may not work in Hong Kong unless he/she has
applied for and obtained an employment or investor visa.
The Immigration Department is very strict
in this regard, and any breach of the Immigration laws may
result in prosecution and imprisonment on conviction.
In order to avoid breaking the law, expats
should apply for an employment visa before arriving in Hong
Kong to take up employment. The normal time for processing
an application is usually one month, but can drag on for
up to three months if certain documents are not in order.
The main criterion for an application
to be successful is that a prospective employer must satisfy
the Immigration Department that the intended employee is
performing duties, which a local resident may not be able
to fulfill. This requirement is not difficult to comply
with if the employee is a professional such as a banker
or a lawyer or has skills that are difficult to find in
Hong Kong such as I.T. But even so, documentary proof of
the employee's qualifications and documents from the prospective
employer must be submitted with the application.
The employer itself, if it is a firm or
a company, must also satisfy the Immigration Department
that it is actively in business and not a dummy used for
the purposes of obtaining employment visas. Therefore documentary
proof of the employer's status and history in Hong Kong
will also be required. All in all the success of the application
is dependent on proper documentation.
If an application is unsuccessful, there
are channels to appeal against the decision of the Immigration
Department to refuse to grant an employment visa. However
there are pitfalls. Firstly an expat cannot work while the
decision to allow him to work in Hong Kong is still pending.
He/she cannot therefore earn wages during the application
period. If the employer turns a blind eye to this and the
Immigration Department discovers this, both the employer
and employee will be prosecuted and may face a term of imprisonment
on conviction.
Secondly, the application was probably
correctly refused and an appeal may only affirm the decision.
In this regards, it is emphasized that the application must
be properly prepared at the outset. It is not just a form
filling exercise.
Miller Peart has the resources to assist
in applications for employment visas.
The Immigration Department uses proforma
application forms which can be obtained at the Information
counter at the Immigration Department Building in Hong Kong.
(Immigration Tower, 7 Glouchester Road, Wanchai, Hong Kong)
The following documents are usually required
if the sponsor is a company or a partnership:
| (a) |
Business registration
Certificate; |
| (b) |
Business registration
particulars i.e. Inland Revenue Department form 1 (a).1(c); |
| (c) |
Partnership
agreement; |
| (d) |
Certificate
of Incorporation; |
| (e) |
Memorandum
and Articles of Association; |
| (f) |
Returns of
Directors; their full particulars, travel documents,
whereabouts, occupations and places of work; |
| (g) |
Allotments
of all shares, with proof (form SCI); |
| (h) |
Returns of
shareholders; their full particulars, travel documents,
whereabouts, occupations; |
| (i) |
Office purchase/tenancy
agreements and the area size; |
| (j) |
Current staff
lists with names, positions, nationalities, salaries
and Hong Kong identity cards or the number of staff
to be employed in the coming years and the positions; |
| (k) |
Company profile;
date of commencement of business, types and business
services, details of business activities, mode of operation,
source and markets, etc. (if sponsoring company is a
newly set up company, please provide the company profile
of the parent company); |
| (l) |
Trading profit
loss account (audited preferred) (if sponsoring company
is a newly set up company, please provide the financial
statements of the her parent company); |
| (m) |
Trial balance
sheet up to last month or projected turnover in the
coming year; |
| (n) |
Up-to-date
resume of the applicant (especially from 1999 to present);
and |
| (o) |
Two recent
photographs. |
For dependant visa
applications separate forms are available at no cost from
the Immigration Department. The supporting documents required
are marriage certificates and birth certificates. Hong Kong
does not recognise common law spouses as dependants.
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