How to Apply for an Employment Visa in Hong Kong
Hong Kong is a popular destination for foreign workers seeking employment opportunities, and the process to apply for an employment visa in Hong Kong can be confusing for those unfamiliar with the system.
There are several types of visas available for those seeking employment in Hong Kong, including the General Employment Policy (GEP) and the Admission Scheme for Mainland Talents and Professionals (ASMTP).
We will discuss the different types of visas available for those looking to work in Hong Kong, provide an overview of the application process, and highlight the common mistakes to avoid. Ask us about how we can guide you through the process and handle applications for you.
The most common “Employment Visa”
The General Employment Policy (GEP) and Admission Scheme for Mainland Talents and Professionals (ASMTP) are the most common visas for employers looking to hire foreign staff in Hong Kong. These are also commonly known as an "Employment Visa."
To apply for an employment visa, both the applicant and the company must meet certain requirements.
Company requirements for the “Employment Visa”
The company must show:
Proof of financial standing, such as audit and/or tax records
A detailed business plan, showing that the business can cover the salary (for a new business)
There is enough office space available for the applicant to perform their proposed role
The applicant is the most qualified person for the job and no local applicant would be as well-suited
The company also needs to provide supporting documents such as:
Website
Brochure
Signed contracts
Applicant requirements for the “Employment Visa”
A university degree (although in rare cases, they may accept exceptional special technical skills in lieu of a degree)
Prior work experience is a plus (but not a set requirement)
To prove this, the applicant will need to provide supporting documents in the form of
University records
Records of any further qualifications (such as a CPA certificate)
Records of prior employment (such as letters signed by previous employers)
Do I need to prove that the company can't recruit for the role from within Hong Kong?
Typically, yes. The company generally needs to demonstrate the lack of suitable talent locally. An example of this is a language requirement for the role.
Are there any cases where requirements do not apply?
The Hong Kong SAR Government announced two categories where some requirements do not apply.
These categories are:
The applicant's salary package will be HK$ 2,000,000 or above; or
The job is on the Talent List. The list promotes professions that the Hong Kong government wants to attract. These are in fields such as ESG, Fintech, and Asset Management
Quotas for an employment visa under GEP and AMTSP
There is no quota for employment visas under the GEP and AMTSP.
Extending an employment visa to a spouse and/or family members
The applicant’s family members can enter Hong Kong on a “Dependent visa”. Typically, family members are can take up employment in Hong Kong, making this an attractive visa type for double-income households.
Other visa options
Top Talent Pass Scheme
The Top Talent Pass Scheme, introduced in December 2022, is for highly sought-after individuals. It is a great option for those coming to HK to start a business or to advance their career.
This visa type allows individuals to come to Hong Kong for two years without an offer of employment. They can come to Hong Kong to look for a job or to start a business.
They must show the following proof of one of the following:
Taxable business or salary income of HK$ 2,500,000 or more in the year preceding the application
A bachelor’s degree from a top 100 university with at least 3 years of experience obtained in the last 5 years. If they have less than 3 years of experience, they may still apply subject to certain restrictions and quotas.
When it is time to renew (after 24 months), the individual must have a job related to their field of employment and level of experience. Alternatively, they can show proof of their business endeavors.
Investment as an Entrepreneur
Another option for those looking to start a business in Hong Kong is the "Investment as Entrepreneurs" visa, which is also under the General Employment Policy. This visa is the right choice for founders who do not qualify for the “Top Talent Pass Scheme”, as they cannot apply for an employment visa if they own the company. However, it can be difficult to obtain as the applicant must show that their business will make a substantial contribution to the Hong Kong economy. The ideal applicant is a founder who plans to hire staff and work with vendors in Hong Kong, not a sole proprietor.
Quality Migrant Admission Scheme
The Quality Migrant Admission Scheme is for industry leaders and only a select few visas are granted. It is important to note that this visa option is not appropriate for most employers looking to hire foreign staff in Hong Kong.
Hiring an individual with a Dependent Visa or ‘Permanent Residency’ (Right of Abode)
Be aware when hiring staff with ‘Permanent Resident’ status or those who hold a Dependent Visa. In most cases, dependents are able to work in Hong Kong, except where they are dependents of those who have come to Hong Kong to study.
What is the Right of Abode, or ‘Permanent Residency’, and does this require a visa to work?
Foreign citizens who have lived in Hong Kong continuously for at least 7 years are eligible for 'Right of Abode', or Permanent Residency status. They can apply with the Hong Kong Immigration Department and provide supporting documents, such as tax and rental records, to confirm they have been resident in Hong Kong. Permanent Residents do not need employment visas. You can verify if a foreign citizen is a Permanent Resident by checking that their Hong Kong Identity Card states “Hong Kong Permanent Identity Card”.
How to apply for a visa
Before you apply, check that you meet all the requirements for the type of visa you are applying for. Employers must request relevant information from the individual.
Submit the application forms together with the relevant supporting documents and their valid travel documents to the Immigration Department in Hong Kong. Submit online, or in person, or by post.
If you reside outside of Hong Kong, apply in person at the Chinese diplomatic and consular mission in your country of residence.
You will need to pay the application fee of HKD$ 230 (correct at the time of publishing).
The applicant’s passport.
Common mistakes when applying for a visa in Hong Kong
There are common mistakes that could hold up or prevent visa approval.
Don’t assume that the existing employment visa is transferable. The employer in Hong Kong has the responsibility to change the employment visa to the new company.
If a foreign national on an employment visa finds a new employer, you need a new application.
Lack of office space. Demonstrating that there is one seat per employee is a must for employment visa applications. Trying to forego this requirement could delay your visa approval.
Lack of supporting documents. Make sure to provide supporting documents for each claim you make in your visa application.
For example, confirmation letters from previous employers of applicants are relevant to Hong Kong Immigration. Even if reference letters are not common in the individual’s home country, your prospective employee should collect written (and signed) reference letters from previous employers unless they qualify for an exemption.
Not showing how the employee and granting the visa will benefit Hong Kong’s society and economy. There must be a wider benefit, and not just what’s best for the company.
How long does the application or renewal process take?
Different types of visas may take longer to approve, depending on the requirements and the complexity of the case. Submit the application well before the intended start date of the employee and be prepare for the possibility of delays.
The Hong Kong Immigration Department will acknowledge the application. After that, you can expect the GEP to take 4-6 weeks.
Renewals tend to be matter-of-fact. The application process takes 2-3 weeks and require very few supporting documents.
Employees will need a GEP renewal after 3, then 3, then 2 years (8 years in total). At that point, the employee qualifies for the Right of Abode (Permanent Residency)
Key Takeaways for Hiring Foreign Staff in Hong Kong
We have provided an overview of the types of visas available for foreign staff in Hong Kong. You have seen the basic requirements, common mistakes to avoid, and the application timeline and renewal process.
By understanding the types of visas and their requirements, employers can make the best decision for their hiring needs. Additionally, understanding the timeline for permanent residency and the rights of dependent visa holders can also help employers make informed and long-term decisions about their staff.
It is important for employers to stay updated with the latest changes and regulations regarding the visa application process in Hong Kong in order to avoid any complications and ensure a smooth process for their foreign staff.
Have you found the right person?
