Immigration, visas and employment
Mainland China requires a visa for entry, and to enter Hong Kong there are separate visas administered under business-friendly immigration policies.
Visitors from over 170 countries / territories enjoy visa-free entry into Hong Kong, with limits ranging between seven and 180 days.
Working visa requirements
Foreign nationals require to have visa to live or to work in Hong Kong. But Hong Kong's visa policies mean that short-term visitors are permitted to conduct business negotiations and sign contracts while on a visitor's visa or entry permit.
Types of visas in Hong Kong
- A) Hong Kong Visa for Capital Investors
- B) Hong Kong Visa for Employees
- C) Hong Kong Visa for Entrepreneurs
A) Hong Kong Visa for Capital Investors
Under the Capital Investment Entrant Scheme (CIES), qualifying applicants are granted residence in Hong Kong if they make a capital investment of at least HKD 10 million (approximately 1.28million USD) in permissible asset classes. Individuals under this visa scheme are not required to operate any business out of Hong Kong or be employed in Hong Kong although they are free to do so if desired.
Residence is granted to successful applicants for an initial two year period which can be further extended in a 2-2 year pattern upon continuing to meet the eligibility criteria. The Applicant is allowed to bring his/her family (spouse and unmarried dependent children under the age of 18) to Hong Kong under the Dependent Visa scheme. He/She is also eligible to apply for Hong Kong permanent residence after seven years.
The above only serves as a guide on the eligibility criteria, application procedures and timeline, documents required and other related information on applying for entry for residence in Hong Kong under the Capital Investment Entrant Scheme should be referred to the updated application criteria as announced from time to time by the Immigration Department.
Note: This scheme does not extend to Mainland China residents due to foreign currency controls.
Who Can Apply?
The following categories of investors are eligible to apply for the Capital Investment Entrant Scheme:
- Foreign nationals (except nationals of Afghanistan, Albania, Cuba and Korea),
- Macau Special Administrative Region (Macau SAR) residents,
- Chinese nationals who are permanent residents in a foreign country,
- Stateless persons who are permanent residents in a foreign country with proven re-entry facilities,
- Taiwan residents.
In addition, the applicants must satisfy the following eligibility criteria:
- must be 18 years of age or above at the time of making an application,
- must have minimum net assets of HKD 10 million to which you are absolutely beneficially entitled throughout the two years preceding your application,
- There is no adverse record detrimental either in Hong Kong or country of residence,
- must be able to demonstrate that are capable of supporting and accommodating the Applicant and his/her dependents, if any, on the Applicant merit, without relying on any return on the permissible investment assets, employment or public assistance in Hong Kong.
Investment Requirements
The Applicant must invest a minimum of HKD 10 million in either or combination of the following permissible investment asset classes:
- Equities – Hong Kong listed and Hong Kong denominated,
- Debt securities – Hong Kong denominated and issued by the Hong Kong government and Hong Kong Stock Exchange listed corporates,
- Certificates of deposits – Hong Kong denominated and issued by authorized institutions as defined in the Banking Ordinance with a remaining term to maturity of not less than twelve months at the time of purchase,
- Subordinated debt – Hong Kong denominated and issued by authorized institutions,
- Eligible Collective Investment Schemes.
Additionally, the Applicant will have to adhere to the portfolio maintenance and ring-fencing requirements which ensure that the Applicant do not reduce his/her investment commitment during the permitted period of residence in Hong Kong under the scheme. The Applicant is allowed to transact only in the permissible investments, as mentioned above, in the designated account opened with a single financial intermediary. The financial intermediary must be an authorized institution as defined in the Banking Ordinance or a licensed corporation licensed to perform Type 1, 4 or 9 regulated activities under the Securities and Futures Ordinance; or an insurer authorized to carry on Class C business as specified in Part 2 of the First Schedule to the Insurance Companies Ordinance.
Note the following:
- The Applicant is not required to top up the value of his/her investment in either asset class, should the value of your total investment under the Scheme fall below the requisite minimum level of HKD 10 million.
- The Applicant is not allowed to withdraw any capital gain from his/her investment if its market value rises above the requisite level.
- Cash dividend income and interest income derived from permissible financial assets can be retained by the Applicant and need not be ring-fenced under the Scheme.
- The Applicant is free to switch his/her investments from one permissible asset class to another (from equities to debt securities or vice versa) provided that the entire proceeds from the sale of the initial assets are reinvested.
- The Applicant should keep a record of every change to his/her investment portfolio for the purpose of applying for extension of stay in Hong Kong.
Documents Required
- Completed the Application Form in either the English version or Chinese version,
- A copy of the personal particulars page of the Applicant passport,
- A copy of official documents showing the Applicant's Permanent Residence status in his/her country of domicile (if any),
- A copy of proof of financial standing of the Applicant's personal net assets in the two years preceding the application like bank statements, bank reference letters, banking facilities letters etc.
- A copy of proof of the Applicant's employment (if any) like employment certificate, company reference letter etc.
- A copy of proof of the Applicant's business activities and transactions (if any) like letters of credit, bills of lading, shipment papers, contracts / agreements reached and realized,
- A copy of proof of academic qualifications like copies of diplomas, certificates, testimonials etc.
- A copy of the contract made between the Applicant and the financial intermediary (if any),
- Supporting documents of the existing investment under the scheme (if any) like statement or reference letter from the appointed financial intermediary, purchase agreement etc.
All documents submitted must be in English or Chinese or translated into English or Chinese by a certified translation body. The Immigration authorities reserve the right to demand further documents from the applicant as and when necessary.
Application Procedures and Timeline
The completed application along with supporting documents must be submitted to Hong Kong Immigration Department by post. The application processing time is about 4-6 weeks.
If application is approved, the Applicant will be issued an Approval-in-Principle and will be allowed to enter and reside in Hong Kong as a visitor for three months, during which he/she will be required to start making his/her investment. If the Applicant can furnish proof of active progress of your investment, the visitor status can be extended for another three months.
Once the Applicant provides evidence that the requisite level of investment has been made (i.e. HKD 10million), he/she will be granted formal approval, upon which he/she is entitled to stay in Hong Kong for up to two years.
Once the Applicant has been granted formal approval he/she is allowed to take up employment, be an office holder, self-employ, join in or establish a business in Hong Kong, without any restrictions.
Further extensions of stay that follow a 2-2 year pattern will be granted provided you satisfy the eligibility criteria and portfolio maintenance requirements as mentioned above.
Dependent Visa for Family
Applicants under this work permit scheme are eligible to bring their family members (spouse and unmarried dependent children under 18 years of age to Hong Kong) with them to Hong Kong. A dependent visa application must be filed for each family member for this purpose. The dependent's length of stay is tied to the applicant's length of stay in Hong Kong and dependent visa holders are free to take up employment or study in Hong Kong, as applicable.
Permanent Residence
If the Applicant has been granted entry into Hong Kong under the CIES and he/she is resided in Hong Kong for a continuous period of at least seven years and has continued to maintain the investment requirements during this period, he/she is eligible to apply for Permanent Residence, commonly referred to as "Right of Abode" in Hong Kong, subject to satisfying the requisite criteria.
B) Hong Kong Visa for Employees
Hong Kong has a special work permit scheme for hiring skilled foreign employees called Employment for Professionals. Eligible applicants must have good educational qualifications and possess special skills, knowledge or experience of value to and not readily available in the Hong Kong. There is no quota system limiting the number of work visas under this scheme. Each application is assessed based on the qualifications of the applicant and the employing company. This type of work permit is normally issued for one year period initially and renewable thereafter.
This only provides details about eligibility requirements, application procedures, processing timeline, and other relevant information about employment for professionals work permit scheme.
Eligibility Criteria
In order to apply for work permit under the employment for professionals scheme, the following eligibility requirements apply:
- should not have any criminal records or security objections.
- must possess a good educational background. Normally it is preferable to have at least an undergraduate degree in the relevant field. However, in the absence of such a degree, documentary evidence of good technical qualifications, relevant professional abilities, achievements and experience may suffice.
- There is a genuine job vacancy at the employing company.
- have secured a confirmed employment offer and the job matches your academic qualifications or working experience and that the job cannot be readily taken up by the local work force.
- The remuneration package including income, accommodation, medical and other fringe benefits is in line with the prevailing market standards in Hong Kong.
Documents Needed
Documents required from the work permit applicant:
- Completed Employment Visa Application Form,
- A copy of the personal particulars page of your passport. If the Applicant is currently staying in Hong Kong, a copy of his/her passport page containing the latest arrival stamp / extension of stay label in Hong Kong,
- A copy of his/her Hong Kong identity card (if any),
- A copy of proof of his/her overseas residence,
- A copy of proof of academic qualifications and relevant working experience.
Documents required from the employing company:
- Application for Employing Professionals in Hong Kong,
- A copy of the company's employment contract or letter of appointment containing information about the post, salaries, other fringe benefits and employment periods,
- A copy of the company's Business Registration Certificate,
- A copy of proof of financial standing of the company such as latest audited financial report, trading profit and loss account, or profits tax return,
- Documents detailing the company's background such as business activities, mode of operation, background / connection of company, product ranges, sources and markets, membership of Chamber of Commerce (if any), etc. with documentary evidence such as catalogues, brochures, etc. (this is not required if the company is sponsoring a non-local graduate),
- If the employing company is a newly setup company within the last 12 months:
o Detailed business plan such as information on source of funds, estimated capital injection, nature / mode of business activities, expected turnover, sales volume, gross and net profit in the coming years, and proposed creation of local job posts, etc.
Note: the above mentioned company documents (except for the application form for employing professionals) need not be submitted by the employing company if it had successfully obtained an employment or training visa / entry permit for a non-local staff in the past 18 months immediately before submission of the application.
All documents submitted must be in English or Chinese or translated into English or Chinese by a certified translation body. The Immigration authorities reserve the right to demand further documents from the applicant or employing company as and when necessary.
Application Procedures and Timeline
Once both the Applicant and the Employer have prepared the necessary documents required for the work permit application, the application must be submitted to the Hong Kong Immigration Department via post. The processing of work visa application takes about 2-3 months.
If the application is successful, the Immigration Department will issue a Visa / Entry Permit label which must be collected from the immigration office in-person by the Applicant or an Authorized Representative. The Visa / Entry Permit label must be affixed on a blank visa page of the applicant's passport and presented to the Immigration Officer upon arrival in Hong Kong. Most work permit visas issued initially are valid for one-year period.
In case the work permit application is rejected, an appeal can be filed with authorities.
Dependent Visa for Family
Applicant under this work permit scheme is eligible to bring his/her family members (spouse and unmarried dependent children under 18 years of age to Hong Kong) with him/her to Hong Kong. A dependent visa application must be filed for each family member for this purpose. The dependent's length of stay is tied to the applicant's length of stay in Hong Kong and dependent visa holders are free to take up employment or study in Hong Kong, as applicable.
Employment Visa Renewal
Work permit holders can apply for renewal by filing the renewal application at least four weeks before the limit of stay expires. The renewal application will be considered only if the applicant continues to meet the work permit eligibility criteria as outlined above. If the work visa renewal application is approved, the extension of stay will normally follow the 2-2-3 year pattern or in accordance with the duration of your employment contract, whichever is shorter.
Change of Employment
Under the employment for professionals scheme, the work permit issued is tied to a specific employer and is not transferable. In order to change jobs, the applicant must obtain first approval by filing "Application for Change of Employment" with the Immigration Department. Upon approval, the applicant must surrender his / her existing work permit and collect the new one.
Permanent Residence
If the Applicant has been granted a work visa under the employment for professionals scheme and has resided in Hong Kong for a continuous period of at least seven years, he/she eligible to apply for Permanent Residence, commonly referred to as "Right of Abode" in Hong Kong. The application is subject to satisfying the requisite criteria.
c) Hong Kong Visa for Entrepreneurs
Hong Kong has a special migration visa scheme called Entry for Investment for foreign entrepreneurs who wish to relocate to operate their own business in Hong Kong. This entrepreneur visa scheme is essentially a type of work permit that is issued to the owner of a business as an employee of his / her Hong Kong company.
One of the main criteria for grant of the entrepreneur visa lies in whether he/she is able to prove that his/her business will make a significant contribution to the economy of Hong Kong. The Applicant is allowed to bring his/her spouse and unmarried dependent children under the age of 18 to Hong Kong under this scheme. He/She is also eligible to apply for Hong Kong permanent residence in due course. The entrepreneur visa is generally issued for one-year period initially and is renewable thereafter as long as his/her business remains viable.
Investment Requirements
There is no minimum investment requirement specified by the authorities when applying for the entrepreneur visa. However at the time of processing the application, the authorities will closely examine the Applicant's proposed business plan to assess if his/her proposed investment is sufficient for the business he/she plans to set up. In this regard, he/she must ensure that his/her proposed investment covers the start up and operational expenses of his/her business for at least the initial 3-6 month period.
Eligibility Criteria
- should not have any criminal records or security objections.
- must possess a good educational background. Normally it is preferable to have at least an undergraduate degree in the relevant field. However, in the absence of such a degree, documentary evidence of good technical qualifications, relevant professional abilities, achievements and experience may suffice.
- must prove that he/she will make a substantial contribution to the economy of Hong Kong by demonstrating that his/her business will create jobs for the local workforce, that you will utilize the services of local service providers, suppliers, manufacturers etc. and that he/she will be able to make a significant contribution in the specific market that you are entering into.
- are required to incorporate his/her Hong Kong company prior to applying for the entrepreneur visa.
Documents Required
Entrepreneur visa application must be sponsored by a local sponsor – a company or an individual. The sponsor takes the onus of assuming responsibility for your repatriation, if the circumstances so arise.
Documents required from the applicant to apply for entrepreneur visa in Hong Kong:
- Completed Application Form,
- A copy of the personal particulars page of passport. If he/she is currently staying in Hong Kong, a copy of his/her passport page containing the latest arrival stamp/extension of stay label in Hong Kong,
- A copy of his/her Hong Kong identity card (if any),
- A copy of proof of academic qualifications and relevant working experience,
- A copy of the company's Employment Contract or Appointment Letter, detailing information about his/her post, salary, other fringe benefits and employment period (if applicable),
- A thorough and detailed two-year business plan which should provide information about his/her company's proposed business activities, amount of investment, creation of local job posts, setting up of an office / showroom / warehouse, etc.
- A copy of the Business Registration Certificate obtained from the Inland Revenue Department and business registration particulars of the company he is/her going to invest in or have already invested in.
- A copy of proof of his/her overseas residence.
Documents required from the sponsor:
- If the sponsor is a company
- If the sponsor is an individual
o Completed Application Form (Sponsor),
o A copy of the company's Business Registration Certificate.
o Completed Application Form (Sponsor),
o A copy of the sponsor's Hong Kong identity card,
o A copy of the personal particulars page of the sponsor's passport.
All documents submitted must be in English or Chinese or translated into English or Chinese by a certified translation body. The Immigration authorities reserve the right to demand further documents from the applicant or sponsor as and when necessary.
Preparing Business Plan
As mentioned above, the Applicant must submit a 2-year business plan as part of his/her entrepreneur visa application. A good business plan is one of the most crucial aspects in the approval of entrepreneur visa application. He/she must convince the authorities by enclosing adequate information and proof that his/her business will benefit the economy of Hong Kong. His/her investment plan will be scrutinized and the following factors will be taken into account by the authorities:
- Business Plan: He/She must ensure that he/she has a sound business plan detailing his/her business idea, product or service, market analysis including the potential of his/her business to grow and contribute to the market in Hong Kong, his/her operational plan, administrative and management team etc.
- Capital Investment: The authorities will examine if the Applicant has adequate capital investment or the necessary funding required to support his/her business. It is generally advisable to enclose documentary proof of your financial standing such as bank statements, loan papers, letters of credit etc. Although there is no minimum capital requirement, you must ensure that he/she has sufficient funds to cover his/her start-up costs and operational costs for a short to medium term period of three-six months.
- Proposed Business Vehicle: Determinants such as the Applicant's choice of business vehicle also plays a vital role in the application. Generally, a limited liability company incorporated in Hong Kong commands a better image than a sole proprietorship or a partnership firm, and will be taken more seriously by the authorities.
- Suitable business premises: The authorities will consider if the Applicant's chosen business premises is suitable for the nature of business activity he/she will be engaging in. For instance, an import / export company will require business space that offers storage facilities. It is advisable to enclose a copy of the existing or proposed tenancy agreement and photographs of his/her business premises.
Taking the above factors into consideration, the Applicant is strongly advised to pay great attention and detail to the points highlighted above while filling in his/her application form. A loosely structured business plan which meets the bare minimum requirements faces a greater chance of rejection by the authorities than a strong investment plan that reflects his/her commitment to the business and the economy of Hong Kong as a whole.
Application Procedures and Timeline
The completed application along with supporting documents must be submitted to Hong Kong Immigration Department by post. The application processing time is about 3-5 months.
If the application is successful, the Immigration Department will issue a Visa / Entry Permit label which must be collected from the immigration office in-person by the Applicant or an Authorized Representative. The Visa / Entry Permit label must be affixed on a blank visa page of the Applicant's passport and presented to the Immigration Officer upon arrival in Hong Kong. In case the work permit application is rejected, an appeal can be filed with authorities.
If the authorities find that the Applicant's commitment to his/her business and the economy of Hong Kong is genuine and strong, that he/she has the adequate capital to support his/her business plans and that the Applicant satisfies all the eligibility criteria, it is unlikely that the Applicant's investment visa application will be rejected. However, in the event of the application getting rejected, he/she can approach the authorities for an appeal.
Dependent Visa for Family
Applicants under this work permit scheme are eligible to bring his/her family members (spouse and unmarried dependent children under 18 years of age to Hong Kong) with them to Hong Kong. A dependent visa application must be filed for each family member for this purpose. The dependent's length of stay is tied to the Applicant's length of stay in Hong Kong and dependent visa holders are free to take up employment or study in Hong Kong, as applicable.
Should You Hire A Professional Firm?
It is normally advisable to hire the services of a professional firm to handle the Applicant's entrepreneur visa application. The reasons are as follows:
- Most professional firms are familiar with the procedures involved as they are most likely to have handled several cases earlier. The firms are in a position to provide the Applicant with the right guidance owing to their experience.
- Given the importance placed on your proposed investment plan by the Immigration authorities, the firm will help the Applicant to draft a sound business plan (based on his/her inputs) in line with what the authorities expect.
- The professional firm can act as the Applicant's local sponsor.
- The firm will undertake to submit the application and deal with the authorities as and when required, saving the Applicant's time on follow up and other administrative matters.
Visa Renewals
If the Applicant has been granted Entry for Investment entrepreneur visa, he/she can relocate and stay in Hong Kong on employment status. Should he/she wishes to extend his/her stay, he/she will need to file a renewal application at least four weeks before his/her limit of stay expires. The Applicant's renewal application will be considered only if he/she continues to meet the eligibility criteria and the business remains viable. If the renewal application is approved, extension of stay will normally follow the 2-2-3 year pattern.
Permanent Residence
If the Applicant has been granted an entrepreneur visa and he/she has resided in Hong Kong for a continuous period of at least seven years, he/she is eligible to apply for Permanent Residence, commonly referred to as "Right of Abode" in Hong Kong.