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IMPACT – MEDIUM
What is the change? Visa applicants in Hong Kong are experiencing delays as the Immigration Department is experiencing a rush of summertime applications.
What does the change mean? Applicants should file time-sensitive applications as early as possible. Applicants should be sure they have all required documentation prepared at least one day before their applications are submitted. They should expect processing delays through at least September.
Background: The summer rush is expected to last until September. Applicants should be sure to have all supporting documentation prepared at least one day before their applications are submitted. Applicants or their representatives should arrive at the Immigration Department no later than 8:30 a.m. in order to secure a submission. Applicants who are missing documentation or arrive late at the Immigration Department risk having their applications further delayed.
BAL Analysis: Applicants are encouraged to prepare time-sensitive applications and supporting documentation as early as possible. BAL will assist applicants through the visa process and will continue to monitor any further change in the processing times.
This alert has been provided by the BAL Global Practice group and our network provider located in Hong Kong. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Hong Kong has launched a three-year pilot program to attract international technology talent to companies operating in the Hong Kong Science and Technology Park or Cyberport in the fields of biotechnology, artificial intelligence, cybersecurity, robotics, data analytics, financial technologies and material science.
What does the change mean? Eligible companies will receive streamlined employment visas to fill roles in short supply, but they must also fulfill certain ratios of local employees.
Background: The visas will be available to up to 1,000 foreign nationals or mainland Chinese in the first year of the pilot program. Eligible companies must apply for a quota at which time it must demonstrate “genuine difficulties” in recruiting for the role locally or, alternatively, advertise locally for the position. The employer must also agree to employ one full-time local employee and two interns for every three foreign employees admitted under TechTAS.
The main benefits of the TechTAS is its fast-tracked application processing. Once a company demonstrates at the quota application stage that the talent is in short supply locally, it does not need to prove it again with every visa application. The estimated processing time is two weeks from the time an application is submitted for an employment visa/entry permit. Spouses and children may follow the primary applicant as dependents.
BAL Analysis: The TechTAS program offers a fast-track alternative for eligible companies in the designated fields, but also imposes limitation such as the quotas. Compared with other visa routes, the General Employment Policy applications typically take four to six weeks and the Immigration Department generally recognizes that tech skills are in short supply locally. The Admission Scheme for Mainland Talents and Professionals, however, has a higher burden for employers to prove a shortage of local tech skills, so the TechTAS program may benefit Chinese tech talent compared with other nationalities.
What is the change? Hong Kong’s Immigration Department has begun issuing visas to same-sex dependent spouses.
What does the change mean? The move comes after Hong Kong’s Court of Appeal ruled last year that authorities were wrong to deny a visa to a British national seeking dependent status on the basis of a same-sex partnership. Same-sex spouses of Hong Kong residents may now obtain visas that are the functional equivalent of dependent visas, but the case has been appealed to Hong Kong’s Supreme Court, which could reverse the Court of Appeal’s ruling.
Background: The case involves 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 visa, saying she did not qualify as a spouse for immigration purposes. QT sued, and the courts initially sided with the immigration authorities. The appeals court panel, however, reversed that decision in a 3-0 ruling. Authorities have now begun issuing visas to same-sex dependent spouses.
The visas are technically not dependent visas, but they confer the same immigration rights as those enjoyed by opposite-sex dependent spouses. Those applying for a visa based on a same-sex relationship with a Hong Kong resident should be prepared to provide a marriage certificate, if possible. In some cases, visas may be issued to applicants in a civil partnership with a Hong Kong resident, but it will be left to the discretion of the examining officer to determine whether to accept a civil partnership as evidence of a genuine relationship.
BAL Analysis: While the Immigration Department’s issuance of visas is a welcome development for same-sex spouses, the matter will not be resolved until after the Supreme Court determines the case’s outcome.
What is the change? Indian nationals traveling to Hong Kong on a 14-day visa waiver are experiencing unsuccessful attempts to obtain the mandatory “pre-arrival registration.”
What does the change mean? All Indian nationals visiting Hong Kong on a visa waiver, and particularly first-time visa-waived travelers, should anticipate that they may be denied preapproval registration and may be required to apply for a visitor visa.
Background: Indian nationals are eligible for 14-day visa-free stays in Hong Kong. On Jan. 23, a preregistration process became mandatory, in which travelers file an online application with the Hong Kong Immigration Department and print out a notification receipt before boarding their flight. Hong Kong authorities are not providing reasons for the rejections.
BAL Analysis: Indian nationals planning to visit Hong Kong under a visa waiver should plan ahead in the event that their preregistration is rejected and they need to apply for a visa.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Hong Kong has relaxed visa requirements for Cambodian nationals.
What does the change mean? Cambodian nationals are now eligible to travel to Hong Kong for work, investment, training or study. Previously, Cambodian nationals could only enter Hong Kong as visitors or dependents.
Background: The new policy was announced in February and took effect this month.
Under the new policy, Cambodian nationals may apply to enter Hong Kong for employment under the General Employment Policy, the Supplementary Labour Scheme or as foreign domestic helpers. Cambodian nationals may also enter Hong Kong for investment (to establish or join in a business), training or study. Finally, Cambodian nationals may apply under the Quality Migrant Admission Scheme, the Immigration Arrangements for Non-local Graduates and the Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents.
The relaxation of visa requirements for Cambodian nationals will help foster co-operation and exchange between Hong Kong and Cambodia.
BAL Analysis: Companies interested in recruiting or hiring Cambodian nationals should consult with BAL about which route is the best option.
IMPACT – HIGH
What is the change? Hong Kong’s embassy in India has stopped issuing visas, a change that will significantly delay travel procedures for Indian nationals planning stays of more than 14 days in Hong Kong.
What does the change mean? Effective immediately, Indian nationals applying for visas to Hong Kong must submit applications directly to the Hong Kong immigration department. This process is expected to take about four weeks compared with the four business days it took to obtain visas when applying at an embassy or consulate in India.
Background: In January, Hong Kong began requiring Indian nationals to pre-register online before traveling to Hong Kong for stays of 14 days or less. Authorities have now also announced that Hong Kong visas will not be issued in India. This means that for stays of more than 14 days Indian nationals must apply for the appropriate visa directly through the Hong Kong immigration department. Indian nationals whose visas have been approved can travel to Hong Kong after completing the pre-registration requirements and pick up their visas after arriving in Hong Kong. Additional details are available on the “Visit/Transit” page of the Hong Kong immigration department’s website.
BAL Analysis: Hong Kong visas will no longer be issued in India. Indian nationals planning travel to Hong Kong should be sure to leave enough time in their schedules to apply for a visa directly through the Hong Kong immigration department.
What is the change? Indian nationals traveling to Hong Kong on a visa waiver are reminded that new rules requiring preregistration take effect Jan. 23.
What does the change mean? Indian nationals planning upcoming travel to Hong Kong without a visa and relying on visa-exempt status must preregister online before travel. Indian nationals who are enrolled as frequent visitors using the e-Channel service are exempt as long as their e-Channel permission is valid.
Next steps: Travelers must go online to the Hong Kong Immigration Department website’s Pre-arrival Registration for Indian Nationals page, fill out personal information and print out a notification slip that they must show upon boarding their flight and upon arrival to a Hong Kong immigration officer. The registration is valid for six months and may be used for multiple entries.
Background: The preregistration applies to each visitor who is traveling as visa-exempt. If family members are traveling together, each member must fill out a separate preregistration form online and print out a notification slip. Travelers who are transiting by air and not leaving the airport transit area are exempt.
BAL Analysis: Indian nationals planning travel to Hong Kong as visa-free visitors should register online. Travelers are reminded that if they are planning to stay longer than 14 days or conduct non-visitor activities, they are required to obtain a visa at a consulate.
Copyright © 2017 Berry Appleman& Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – LOW
What is the change? Vietnamese nationals are now eligible to apply for visas to attend training or internship programs with employers in Hong Kong.
What does the change mean? Hong Kong companies recruiting Vietnamese nationals for purposes of training may apply for one-year training visas.
Background: Vietnamese nationals are among the list of nationals that the Hong Kong Immigration Department does not make eligible for certain types of visas. Vietnamese nationals are now eligible for training visas and are subject to the same criteria as other nationals, including proof that the company is well-established and able to provide the training, a signed contract between the company and the applicant, justification for the length and purpose of the training program, a written guarantee of support and repatriation of the applicant by the company, and a clean criminal and security record of the applicant.
BAL Analysis: Hong Kong companies that use training visas should be aware that they are no longer prohibited from including Vietnamese nationals in their training or internship programs. Vietnamese nationals remain ineligible for employment visas.
What is the change? New rules are set to take effect for Indian nationals traveling to Hong Kong as visa-waived nationals.
What does the change mean? For travel on and after Jan. 23, Indian nationals must register online before visiting Hong Kong on 14-day visa-free visits or as transit passengers. (Transit passengers by air who are not leaving the airport transit area are exempt.)
BAL Analysis: Indian nationals planning travel to Hong Kong on or after Jan. 23 as visa-free visitors should register beginning Monday. Indian nationals who are enrolled as frequent visitors using the e-Channel service are exempt as long as their e-Channel permission is valid.
This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
When traveling to the Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong, SAR PRC), your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Hong Kong, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Nationals of the European Union, the United States, and many other select countries are eligible for a visa waiver and are not required to obtain a visa to enter and conduct business activities in Hong Kong. Additionally, foreign nationals in possession of valid Asia-Pacific Economic Cooperation (APEC) Business Travel Cards (ABTC) endorsed with “Valid for travel to HKG” may be eligible to enter Hong Kong and engage in permissible business activities without obtaining a visa. If you are not eligible for visa-waivered entry, you must obtain a Visitor Visa from the Hong Kong Immigration Department or a Chinese Embassy or Consulate prior to travel.
Special regulations apply to residents of Macau SAR PRC, Taiwan PRC and China PRC.
The activities below, whether paid or unpaid, generally constitute work under Hong Kong law. This list is not exhaustive, and many other professional activities are considered work in Hong Kong, even if conducted for a short duration.
The requirements for a work-authorized visa depend on your qualifications, on the nature and duration of your work, on your nationality, on your place of residence and on whether your employer has an entity in Hong Kong. The most common Hong Kong visas for employment purposes are:
Is it possible to be exempted from work authorization requirements?
Hong Kong does not offer work authorization exemptions.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.