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IMPACT – MEDIUM
What is the change? Hong Kong has announced plans to expand the Technology Talent Admission Scheme.
What does the change mean? The plans call for Hong Kong to expand the pilot program, which was launched last year, so that it covers new technology areas and will be available to employers outside the Hong Kong Science and Technology Parks Corporation and Cyberport. Companies that are eligible for TechTAS receive streamlined employment visas to fill roles in short supply and they must also employ certain ratios of local employees.
Background: Hong Kong launched TechTAS as a pilot program last year, kicking off a new effort to attract top international technology talent. The program has so far been limited to HKSTPC and Cyberport employers within seven technology fields. In a supplemental document of Hong Kong Chief Executive Carrie Lam’s Policy Address this week, officials said Hong Kong would “extend the coverage of the Technology Talent Admission Scheme to companies outside the HKSTPC and Cyberport and to cover new technology areas.”
Analysis & Comments: The expansion of TechTAS reflects Hong Kong’s continuing goal of attracting more high-level technology talent. The program will be beneficial to eligible companies in relevant fields, and additional information will be provided as it becomes available.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Hong Kong and Italy have signed a working holiday visa agreement.
What does the change mean? Under the agreement, applicants ages 18 through 30 will be able to apply for visas that will allow them to stay in Hong Kong or Italy for up to 12 months. During this time, they will be allowed to work to pay for their stay or enroll in short-term academic courses. The annual quota will be 500 visas for each side.
Background: Officials from Hong Kong and Italy signed the agreement on July 5. The agreement with Italy is the fourteenth agreement of its type that Hong Kong has signed since 2001. Hong Kong also has working holiday arrangements with Australia, Austria, Canada, France, Germany, Hungary, Ireland, Japan, the Netherlands, New Zealand, South Korea, Sweden and the United Kingdom.
Analysis & Comments: The working holiday agreement will provide new work and study opportunities for applicants ages 18 to 30 in Hong Kong and Italy.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the reminder? The Immigration Department is reminding residents born in 1968 or 1969 that the application period for obtaining new Smart ID Cards is April 1, 2019 and last through June 1, 2019.
What does it mean? Beginning April 1, 2019, applicants born in 1968 or 1969 will have two months to apply for a Smart ID Card in person at a Smart ID Card Replacement Centre. They may book an appointment online or by phone or mobile app.
Background: In October 2018, the Hong Kong government announced a four-year plan to replace all Smart ID cards. The application periods are being introduced in phases, corresponding to cardholders’ year of birth. The application periods so far are as follows:
Analysis & Comments: Applicants born in 1968 or 1969 will soon be eligible to apply and are encouraged to do so as early as possible to avoid the last-minute rush. Residents who are abroad during their eligible replacement period will have 30 days after they return to Hong Kong to apply for replacement of their cards.
What is the reminder? The Hong Kong Immigration Department is reminding residents born in 1985 or 1986 that the application period for obtaining new Smart ID Cards ends March 30.
What does it mean? Applicants born in 1985 or 1986 must apply in person at a Smart ID Card Replacement Centre and may book an appointment online, by phone or by mobile app.
Background: In October, the Hong Kong government announced a four-year plan to replace all Smart ID cards. The application periods are being introduced in phases, corresponding to cardholders’ year of birth.
Replacement application period
Dec. 27, 2018 – March 30, 2019
Jan. 21, 2019 – March 30, 2019
April 1, 2019 – June 1, 2019
Analysis & Comments: Applicants born in 1985 and 1986 are now eligible to apply and are encouraged to do so as early as possible to avoid the last-minute rush before the March 30 deadline. Residents who are abroad during their eligible replacement period will have 30 days after they return to Hong Kong to apply for replacement of their cards.
What is the compliance reminder? Hong Kong authorities recently enforced transit rules against two visitors from mainland China whom they arrested for lying about their reasons for travel.
What does it mean? Hong Kong maintains rules for passengers transiting through its ports; travelers should be aware of the strict enforcement of these and other rules for entering Hong Kong.
Background: Hong Kong authorities released a statement on Jan. 18 saying they had arrested and convicted two residents of mainland China after the travelers told immigration officers they were transiting through Hong Kong when in fact they had no plans to travel to another destination. The two travelers were sentenced to three months and four months in jail.
Analysis & Comments: Hong Kong continues to strictly enforce its immigration laws, including laws against illegal work, visa/permit misuse and making false statements. Those found to have made false statements to immigration officers may incur fines of up to US$150,000 and imprisonment for up to 14 years. Authorities also noted that visitors from mainland China who violated the transit arrangements for Chinese passport holders will have their information recorded and will face additional scrutiny upon subsequent visits to Hong Kong.
What is the change? Hong Kong’s Immigration Department plans to increase fees for visas, entry permits, APEC travel cards, travel documents, genetic tests, delivery charges outside of Hong Kong, and other services.
What does the change mean? The increases will range from 9 to 21 percent depending on the service.
Background: Some of the proposed fee changes are listed below. A full list is available here.
(includes Employment Visa, Dependent Visa, Training Visa and others)
Analysis & Comments: The fees are intended to recoup costs, as a recent government review found that some of the current immigration-related fees are not covering the full cost of providing the service. Hong Kong employers and foreign nationals should budget for the increased fees expected in March.
What is the change? Beginning Nov. 26, Hong Kong will start issuing a new form of smart identity card to applicants. Starting Dec. 27, a territory-wide identity card replacement program will be implemented in phases, where existing identity card holders will be invited (in accordance with their year of birth) to replace their card with the new smart identity card.
What does the change mean? The first phase of the replacement program will cover existing smart identity card holders according to the following schedule:
Background: According to an announcement from the Hong Kong Immigration Department on Oct. 18, the new smart HKICs will be issued starting Nov. 26 to the following categories of applicants: new arrivals, individuals applying for a juvenile HKIC when they reach 11 years of age, individuals applying for an adult HKIC having reached age 18, individuals whose HKICs have been lost, destroyed, damaged or defaced, and individuals who wish to amend the details on their current HKIC.
To enhance convenience and efficiency, beginning Oct. 29, the Immigration Department will also introduce online appointment-booking and electronic forms, and will release a mobile app Nov. 26. Self-service kiosks will also be introduced.
The replacement program for all cardholders will take about four years to complete. Nine smart HKIC replacement centers will be set up to service the program and will be open Mondays through Saturdays (except public holidays), 8 a.m. to 10 p.m.
Analysis & Comments: Expatriate residents and their family members should be aware of the replacement program. Individuals may additionally bring two elderly friends or family members (born in 1954 or earlier) to apply for replacement with them during their eligible replacement period. Residents who are abroad during their eligible replacement period will have 30 days after they return to Hong Kong to apply for replacement of their cards.
What is the change? The Hong Kong government announced a long-awaited policy decision last week—partners (of the same sex or the opposite sex) who are not legally married may apply for dependent visas.
What does the change mean? Same-sex and opposite-sex partners may apply for dependent visas provided that the partner and the visa sponsor have entered into a same-sex civil partnership, same-sex civil union, “same-sex marriage,” opposite-sex civil partnership or opposite-sex civil union outside Hong Kong, in accordance with local law and being legally and officially recognized by the local authorities.
Such applications will be assessed based on prevailing eligibility criteria for typical dependent visas, including reasonable proof of a genuine relationship, no known record to the detriment of the applicant, and proof that the sponsor can support the partner at a living standard well above subsistence level and provide the partner with suitable accommodation in Hong Kong.
Background: In a landmark ruling in July, the Court of Final Appeal ruled unanimously in favor of a same-sex partner requesting a dependent visa. Since then, Hong Kong introduced an interim solution while a long-term policy update was developed. The interim solution provided eligible same-sex partners with a maximum 12-month resident visa that permitted them to work, study, or start a business in Hong Kong.
The new policy does not change the definition of a “spouse” under Hong Kong law. “The revision has nothing to do with legal recognition of same-sex civil partnership, same-sex civil union, ‘same-sex marriage’, opposite-sex civil partnership or opposite-sex civil union in Hong Kong,” a government spokesperson said.
Analysis & Comments: Partners (of the same sex or of the opposite sex) who are not legally married but who meet the eligibility criteria mentioned above may apply for dependent visas. The policy change is a welcome development for same-sex partners interested in relocating in Hong Kong and makes Hong Kong one of only two locales in Asia, along with Taiwan, to have taken serious steps toward recognizing same-sex partnerships for immigration purposes.
What is the change? Hong Kong will continue issuing visas to foreign same-sex spouses and civil partners as it completes a review of a landmark Court of Final Appeal ruling. The ruling, issued July 4, cleared the way for Hong Kong to recognize foreign same-sex marriages or civil partnerships for immigration purposes.
What does the change mean? Same-sex spouses or civil partners will be eligible for visas provided that (1) there is proof of a genuine relationship between the sponsor and applicant; (2) there is “no known record to the detriment” of the applicant and (3) the sponsor is able to support the applicant financially and provide suitable accommodation in Hong Kong. Visas will be issued for 12 months or for the period remaining on the sponsor’s visa, whichever is shorter. Visa holders will be permitted to work, study or start a business during this time.
Background: Hong Kong’s Court of Final Appeal issued a landmark ruling this month, saying that authorities were wrong to deny a visa to a British national identified as QT, who sought dependent status on the basis of a legally authenticated same-sex partnership. Even before the ruling, however, Hong Kong had begun issuing visas to same-sex dependent spouses and civil partners on the basis of a lower court ruling in QT’s favor. The Immigration Department said last week that the interim measures will remain in place until the department settles on a long-term solution in line with the ruling. The agency said in a statement that it would “strive to complete the policy review within reasonable time.” BAL Analysis: BAL will continue to follow developments in Hong Kong and will provide an update once the Immigration Department settles on a long-term solution. In the meantime, qualifying same-sex partners may apply for visas in the manner described above.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
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What is the change? Hong Kong’s Court of Final Appeal has issued a landmark ruling, saying that authorities were wrong to deny a visa to a British national seeking dependent status on the basis of a legally authenticated same-sex partnership.
What does the change mean? The ruling clears the way for same-sex spouses and civil partners to qualify for visas, making Hong Kong one of the first locales in Asia to recognize same-sex marriages relationships for immigration purposes.
Background: The case involved a British woman identified as QT, who entered into a same-sex civil partnership in the United Kingdom in 2011 before moving to Hong Kong. Authorities denied QT a dependent’s visa, saying she did not qualify as a spouse for immigration purposes. QT sued, and a lower court initially sided with the immigration authorities in saying the visa denial was appropriate. An appeals court reversed that decision in a 3-0 ruling last fall. The Court of Final Appeal upheld the appeals court ruling, saying that “the ability to bring in dependants is an important issue for persons deciding whether to move to Hong Kong” and that the policy against recognizing same-sex relationships for visa purposes “is not rationally connected with the legitimate objective of strict immigration control.”
BAL Analysis: The ruling is a welcome development for same-sex partners interested in relocating in Hong Kong and makes Hong Kong one of only two locales in Asia, along with Taiwan, to have taken serious steps toward recognizing same-sex partnerships for immigration purposes. Hong Kong’s Immigration Department recently began issuing visas to same-sex dependent spouses and, after the Court of Final Appeal ruling, it is clear that same-sex spouses or civil partners will continue to be eligible for visas. BAL will provide details about the visa application process for same-sex dependent spouses and civil partners as more information becomes available.