Since 1997 it has gradually been
getting more difficult for foreigners to get work visas in Hong
Kong. This trend may be partly because of the change of rule from
British to Chinese, and it is certainly because of the changes in the economy.
For the first time in decades, unemployment is a concern in Hong Kong that
affects the government's openness to foreign workers.
Even so, it is still absolutely possible to get a work visa in Hong
Kong as long as you can identify your specific place in the marketplace and
prove your value to the Hong Kong Immigration Department. You may need to find
a certain spin to make your application attractive, and you can certainly
benefit from support both professional and friendly. This article focuses on
the so-called investment visa category for those who wish to run their own
businesses or work as freelancers. This type of visa would give you the maximum
amount of freedom to do business in Hong Kong.
This visa would suit those planning to establish themselves independently in
Hong Kong, or those joining a spouse who is already working.
What the Immigration Department Wants
The Immigration Department is looking for evidence that your
business:
- is viable and will not fail
or go bankrupt
- contributes 'significantly' to
Hong Kong's economy
- adds something special to
Hong Kong (e.g. it does not take jobs from Hong Kong people, it adds something
needed in the marketplace, it contributes something desirable to other Hong
Kong businesses)
In your visa
application, you'll want to include 'proof' that you meet these three
requirements. Obviously there is a lot of room for interpretation and you can
be creative as you think of ways that you and your business meet these
requirements. Here are a few examples of how people I know have met these
requirements.
Examples of Successful
Cases:
Specialized Professional
Services
In 2000 I applied for an
investment visa for my own company so that I could provide business and career
coaching in Hong Kong. As a generally cautious person, I was quite concerned
about being turned down for the visa. I was very keen on starting this business
and I didn't have an attractive plan B. I felt my chances of success would be hampered
by the fact that I was planning to work from home and there was a low
likelihood of my company ever being a significant employer. Despite those
disadvantages, my proposal also had several highlights to make it attractive to
the Immigration Department. I was planning a progressive service business with
distinctive training requirements that were not at all common in Hong Kong at the time. I had substantial savings and
therefore significant capital to support the business. Since I was already well
connected in Hong Kong, I could provide references from locals who pointed out
the potential for my business and their intention to work with me.
Believe me, I was full of doubt and felt afraid of the consequences if
I could not secure the visa. At certain times I was so relieved to speak to a
few people who had trodden the path before me successfully, even with less
going for them than I felt I had. Sometimes a little encouragement and positive
thinking is all we need to carry on down a difficult road.
Small Trading Company
One
of those people who encouraged me had recently started a small trading company
dealing in specialty low-value products between China
and Holland.
His disadvantages were quite opposite to mine. He had low capital investment,
no higher education and he was trading in low profile, 'cheap' products.
However, he was persistent in leveraging the advantages that he had. In
particular he emphasized the language skills and relationships with Dutch
customers that made his business possible and which could not be easily
replaced in Hong Kong. He also demonstrated
his very open attitude by providing masses of paperwork to show sincerity and
establish trust with the Immigration Departments. His partnership with another
businessman showed that he had local knowledge, connections and potential for
the company to grow and employ locals.
Small
Computer Services Company
Another friend
started a small computer service business in 1999 and had quite a bit of
trouble maintaining her work visa, although in the end she was successful. Her
business must have been at the lower limit of what the Immigration Department
would accept. She was operating a home-based sole-proprietorship and was
relatively cash poor. She was however very highly technically qualified. Each
time she had to renew her visa, every year or so, she was asked to provide more
documentation to prove the viability of her company. Every other business owner
I've spoken to about visas shared the experience that once the visa was issued,
annual or bi-annual renewals were very simple. However, she did manage to
maintain the visa until she received permanent residency at last.
These anecdotes demonstrate the value of having your Investment Visa
Application be backed up by a well-thought out and well-documented Business
Plan that clearly demonstrates how you bring extra value to Hong Kong.
Remember, the Immigration Department Officials want to document their own
decisions with concrete evidence so that it cannot be said that they made a
mistake. Give them what they want!
Here are some
things to include:
- Reference letters
from existing Hong Kong businesses that support or collaborate with
yours.
- Letters of intent from potential customers
or suppliers.
- Degrees, certificates, diplomas and
awards, even if not directly relevant.
- Records of
your business to date such as financial records, customer lists etc.
- Business
projections and plans for sales, staffing, profits, investments etc.
- Media
reports supporting your business's growth potential
Most importantly, you must be able to describe what makes you and your
business special in Hong Kong so that the Immigration Department can understand
the value you bring. Apart from attaining your visa, knowing your business's
value is also a key step to marketing, building and growing a successful
business.
For assistance in securing a business visa, please
contact one of Hong Kong’s business immigration consultancies such as Emigra
Asia at
www.emigra.com.hk or Dearson Winyard International at
www.dwiglobal.com.