As
mentioned on the Primasia website, If you are planning on moving into Hong Kong
to work, or to relocate staff to Hong Kong for work in your company, you will
need to obtain a Hong Kong working visa or a Hong Kong investment visa. Having
discussed in detail what a Hong Kong Working Visa is and the ongoing process on
how to obtain one, let’s the discuss its counterpart: the Hong Kong
investment/entrepreneur visa. The Hong Kong Investment Visa option is for those
selected entrepreneurs under the General Employment Policy (GEP) which is a
policy used to establish or join a currently existing business in the Hong Kong
Special Administrative Region (SAR). Due to the specific criteria on the
requirements this is for those select individuals that fill in the
requirements. Often, these requirements would include:
- There
should be no security objections or any known record of serious crimes in
respect to the applicant
- The
Applicant must have a good education background, (normally a first degree in
the relevant field, and/or good technical qualifications, proven professional
abilities and/or relevant experience and specific achievements
- The
Applicant mentioned above needs to be fully supported with documentary
evidence.
- The
Application should result in a substantial contribution to the economy of Hong
Kong SAR with relevant factors including but not limited to:
- A
business plan (forecast turnover and profitability included)
- The
financial resources available to the applicant
- Importantly:
the number of jobs planned to be created in Hong Kong
- The
Introduction of new technologies or skills is also relevant consideration to
the application
Of course, it is crucial the
entrepreneurs outside Hong Kong know and understand these facts. But this is
not enough for the government to simply pass you. In business, there will
always be the finer details which will hopefully enable you to get over that
line. So what are those finer details?
Business Plan
For your business plan, there should be a two-year plan to
demonstrate that the business is suitable for and capable of developing in Hong
Kong. The applicant will also submit a two-year forecast of the profit-and-loss
account statement, cash flow statement and balance sheet to demonstrate the
feasibility of the business in terms of operation, finances, and development.
This is so the Immigration Department will consider, for
example, whether the applicant’s business belongs to or whether it is able to
complement industries where Hong Kong enjoys obvious advantages, such as the
four traditional pillar industries (i.e. trading and logistics, tourism,
financial services, and professional and producer services) or whether the new
potential company is part of the clusters of sectors being explored for support
measures by the Economic Development Commission (i.e. transportation,
convention and exhibition industries and tourism, manufacturing industries,
innovative technology and cultural and creative industries, and professional
services), etc. All these decisions are important to the immigration department
as it looks to continue and develop the potential for both Hong Kong internally
and what it offers to the rest of Asia.
Business Turnover
If the applicant is already running a relevant business either overseas
or is already involved in such a business in Hong Kong, he/she will have to
submit the profit-and-loss account statement and balance sheet of the existing
business showing the business’s turnover and profit in the previous year. They
should also provide a two-year forecast of profit-and-loss account statement
and a balance sheet, including the anticipated business turnover, in order to
demonstrate the feasibility of the business operation and development.
Current Experience and Resources:
The applicant should submit statements of his/her personal and
company bank accounts in the previous year and proof of other sources of
funding to demonstrate that he/she has sufficient financial resources to support
the relevant business in Hong Kong. The Immigration Department will then
consider whether the applicant has relevant investment or working experience in
the business concerned. The applicant should also submit documentary proof
showing the amount of capital investment in Hong Kong.
Other Basic Information
The applicant should set out the organisational structure of
his/her business and the required and projected number of staff and posts,
identifying those to be created locally. The applicant should explain how the
new technology or skills to be introduced can benefit Hong Kong, including any
IP registered or to be registered.
Start-up Businesses
An applicant who wishes to establish or join in a start-up
business may also make an application. Applications which are government-backed
programme (for example those listed below) will be viewed particularly favorably.
(i)
StartMeUpHK Venture
Programme administered by InvestHK;
(ii)
The Incu-App, Incu-Bio
and Incu-Tech programmes administered by the Hong Kong Science and Technology
Parks Corporation.
(iii)
The Cyberport
Incubation Programme.
(iv)
The Small Entrepreneur
Research Assistance Programme and Enterprise Support Scheme administered by the
Innovation and Technology Commission
(v)
The Design Incubation
Programme administered by the Hong Kong Design Centre.
However different criteria apply to PRC
nationals.
Entry of Dependants:
Applicants admitted for investment may apply to bring in their
spouse or same-sex partner under marriage, civil union or (broadly) other
similar, legally recognised relationship. This does not currently include
common law marriages, cohabitation, fiancé(e). People under the investment visa
programme will be the sponsors of their accompanying dependants to the HKSAR.
An application for admission of a dependant should show:
a.
reasonable proof of a
genuine relationship between the dependant and the sponsor.
b.
there is no known adverse
record of the dependant
c.
the sponsor can
support the dependant's living at a standard well above the subsistence level
and provide him/her with suitable accommodation in the HKSAR.
The length of stay of such dependants will normally be linked to
and dependent on that of their sponsors. These dependants are currently
permitted to take up employment or studies in the HKSAR.
The Process
It normally takes four weeks to process a visa/entry permit
application for investment upon receipt of all the required documents. Processing
does not start until all the required documents and information have been
received. Approval of applications is entirely within
the discretion of the Immigration Department, regardless of whether eligibility
criteria are met, and is subject to changes in government policies.
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