Hong Kong Employment Visa

Before confirming an offer to a candidate, the employer (through their HR function) should check their “employability”, essentially the immigration status of the candidate employee, to ensure they are eligible to work in Hong Kong. Read our tips and Q&A here.

Answer: You need to apply for a Training Visa.

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With the ongoing pandemic and unclear conditions for re-opening the borders, the Hong Kong Government does not currently allow all travellers to enter Hong Kong as a general visitor. It is therefore believed that the Immigration Department will play a more strategic role for international business with investors, business travellers, and most importantly global professionals required to carry a valid visa in order to get the green light to enter Hong Kong. 

In view of the travel restrictions and difficulties imposed by the COVID-19 pandemic, the Hong Kong Immigration Department will temporarily accept applications from current Hong Kong non-permanent resident visa-holders to extend their visa whilst currently overseas. 

Our article series of '10 things to learn about...' continues with questions about visas in Hong Kong. From Visa schemes that are available and the difference between Employment visa and Investment visa and others, to the criteria and requirements for a visa application, getting Permanent Residency, and what happens if you lose your job or resign. 

Following the dismissal of the appeal in QT v Director of Immigration in Hong Kong’s Court of Final Appeal (FACV No. 1 of 2018), the Immigration Department reviewed its policies to include civil partnership and unions celebrated between same- or opposite-sex couples outside of Hong Kong as an eligibility condition to apply for a Dependant Visa. The revised policy has now been issued and is applicable to a same-sex civil partnership, same-sex civil union, same-sex marriage, opposite-sex civil partnership or opposite-sex civil union entered into by an applicant and the partner in accordance with the local law in force of the place of celebration and with such status being legally and officially recognised by the local authorities of the place of celebration. This also applies to applicant for a Dependant Visa of permanent residents. 

Hong Kong’s latest bid to welcome qualified talents to the city to aid the economic development promises professionals in the city’s pillar industries an advantage applying for a visa. Hong Kong has drawn up a Talent List of eleven specified professions it seeks to attract. Professionals from these areas will gain additional 30 bonus points towards their application under the QMAS (Quality Migrant Admission Scheme). Under QMAS, applicants are not required to have secured a job offer in Hong Kong before applying. The initial visa period may be up to 24 months. 

China's State Council announced plans to remove the work visa requirements for Hong Kong, Macau and Taiwan nationals to work in Mainland China

Under the interim arrangement, the Immigration Department will grant a party in a foreign legally recognised same-sex relationship with eligible sponsors permission to remain in Hong Kong for 12 months or in line with their sponsors' limit of stay, whichever is shorter, subject to a time limitation only without other conditions of stay. During this period, the concerned party may take up employment, establish or join in business or study in Hong Kong without the need for prior permission from the Department. This follows the judgement in the Court of Final Appeal in QT v Director of Immigration (FACV No. 1 of 2018) on July 4, 2018.

Hong Kong's Court of Appeal ruled that the rejection of the Dependant Visa application of the lesbian partner of a Hong Kong Employment Visa holder is indirect discrimination and ordered the Immigration Department to come to an agreement with the applicant.