Applying for an employment visa can be a complex process that requires significant time and careful attention to the specific requirements of each country. In Hong Kong, the most common types of employment visas include the General Employment Policy (GEP) and the Admission Scheme for Mainland Talent and Professionals (ASMTP)

Recent government statistics from 2023 indicate that a total of 26,270 professionals were employed in Hong Kong through the GEP scheme, while 18,876 professionals participated in the ASMTP program. These statistics underscore Hong Kong's status as a major hub for international talent and highlight the strong demand for skilled professionals.

It is crucial to familiarize yourself with the specific requirements for the visa category before proceeding with your employment visa application in Hong Kong. Both the GEP and the ASMTP were designed to attract skilled professionals; however, they cater to different groups of candidates. The GEP is open to foreign professionals from all countries and regions, while the ASMTP is specifically targeted at professionals from mainland China, excluding overseas Chinese. Additionally, it is important to note that nationals from Afghanistan, Cuba, and the Democratic People's Republic of Korea are ineligible for both schemes.

Although the Hong Kong employment visa applications are comparatively straightforward relative to other countries, applications must be handled carefully to ensure a seamless process. Below are common reasons for visa refusals in Hong Kong.

Common Reasons for Denial of Hong Kong Employment Visa Applications

1. False or Inaccurate Information in Application Documents

Any submission of forged documents or false statements by the sponsoring company or the applicant, including but not limited to certificates of academic qualifications or proof of work experience, will lead to immediate visa refusal. Additionally, attempts to conceal critical information, such as past criminal convictions or previous visa refusals, are considered inaccurate and can also result in refusal.

2. Security Concerns

While a criminal check is not mandatory for every employment visa applicant, the Hong Kong Immigration Department conducts random verifications, and has the discretion to request a certificate of no-criminal records from an applicant at any time during the application.

If an applicant is deemed a security risk, even without a criminal record, the application may be rejected. Factors that may raise security concerns include past relationships, activities, or behaviours that could impact public safety or national security. It is vital for sponsoring companies to carefully evaluate the backgrounds of non-local talent during the hiring process.

3. Financial Subsistence Cannot be Demonstrated

The Hong Kong Immigration Department would ensure that the applicant will not become a financial burden to the Hong Kong government and the applicant is capable of maintaining basic standard of living in Hong Kong for him/herself and their accompanying family members if any. The Immigration Department will consider the applicant is unable to be self-sufficient, if their income is below the cost-of-living standards in Hong Kong. A visa application could be rejected for this reason.

Tips for Applying for Employment Visa

Thorough preparation and understanding of the relevant employment visa policies and procedures are crucial to avoid unexpected challenges and delays in urgent employment assignments or commissioning. Here are some useful tips to facilitate your Hong Kong employment visa application process:

From the Sponsoring Company’ Perspective

1. Seek Professional Assistance

Many sponsoring companies outsource the visa application process to third-party service providers to save time and administrative hassles. However, it is critical to select a professional with expertise in current immigration regulations to ensure a compliant, timely, and efficient visa application process. The chosen service provider should be capable of delivering immediate and effective solutions to address any unforeseen circumstances that arise during the process.

2. Provide Clear Job Description and Hiring Justification

Offering clear job descriptions and justifications for hiring non-local talent is crucial for the visa application. This clarity helps the Hong Kong Immigration Department understand the necessity of the position and why local candidates were not qualified. Emphasizing the unique qualifications and experience of non-local staff is vital in the approval process.

3. Offering a Competitive Remuneration Package

Not only the proposed salary of the visa application should align with the cost-of-living standards in Hong Kong, but it should be commensurate with the applicant’s academic and professional background and years of experience in relation to the local labour market. Furthermore, the employment contract should specify fringe benefits, such as medical insurance, housing allowances, and transportation subsidies, as these can enhance the applicant's financial stability in Hong Kong.

From the Applicant’ Perspective

1. Start Early

Regardless of the country or visa type, allowing sufficient time for the application process is essential. Applicants must submit various documents to the Hong Kong Immigration Department, including personal documents, proof of academic qualifications, and employment contracts. Some documentation may require translation or certification by relevant licensed organizations or government authorities. Starting early minimizes the risk of delays in visa approval that could impact your work schedule and reduces unnecessary stress.

2. Completeness and Accuracy of the Application Documents

Submitting the application with complete and accurate documents is one of the key strategies to ensure your employment visa is processed and approved quickly. Immigration department officers will review all submitted documents carefully. Any incomplete, unclear or suspicious information will raise red flags, and the officer will require further explanation or additional supporting documents, which will extend the employment visa approval process. Unsatisfactory explanations or additional documents will also result in the rejection of the visa application. Last but not least, any person who knowingly and wilfully makes a false statement or provides information that they know to be false or do not believe to be true shall be guilty of an offence under the Laws of Hong Kong.

Conclusion

Thorough preparation is essential, regardless of the country or visa type for which you are applying. Ensure that all submitted documents comply with local immigration policies. These recommendations aim to assist you in seamlessly obtaining a Hong Kong employment visa. Kaizen’s Mobility and Migration team wish you a successful application!

Reference:

1. Visas | Immigration Department. (n.d.). https://www.immd.gov.hk/eng/facts/visa-control.html
2. General Employment Policy (GEP) | Immigration Department. (n.d.). https://www.immd.gov.hk/eng/services/visas/GEP.html
3. Admission Scheme for Mainland Talents and Professionals (ASMTP) | Immigration Department. (n.d.). https://www.immd.gov.hk/eng/services/visas/ASMTP.html

Related Topics: Hong Kong Quality Migrant Admission Scheme (QMAS) | Hong Kong New Capital Investment Entrance Scheme (CIES)

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