To qualify for a working visa in Hong Kong, employees must secure a job offer from a registered company, demonstrate relevant qualifications and work experience, and ensure the salary offered is competitive with the local market rate.
Obtaining a Hong Kong work visa involves gathering the required documents, which include forms, contracts, and qualifications. The employer also submits supporting documents.
Securing a Hong Kong work visa, particularly a GEP Visa, requires careful planning and preparation.
This ultimate guide will walk you through the process of getting a Hong Kong work visa, helping employees smoothly start a new job in this incredible city.
Do You Need a Hong Kong Work Visa?
With limited exceptions, foreign nationals who wish to work in Hong Kong must obtain a work visa (also known as a Hong Kong work permit) issued by the Hong Kong Immigration Department. This requirement covers most professions, including doctors, engineers, teachers, and employees in industries like finance, technology, and hospitality, regardless of whether they are working on short-term projects or long-term positions.
Although Hong Kong offers visa-free entry for short visits like tourism or business meetings to many nationalities, this does not permit visitors to engage in any paid or unpaid employment during their stay. Foreign nationals planning to work in Hong Kong must apply for and receive a work visa before starting employment.
There are limited alternatives for working in Hong Kong without a full work visa, such as the Working Holiday Scheme, which allows citizens from eligible countries to work temporarily while traveling. However, this is not a long-term solution for employment and is subject to specific restrictions.
Employers must show efforts to hire locally before offering positions to foreigners.
Types of Work Visa in Hong Kong
Hong Kong provides several work visa schemes tailored to different types of professionals, each with its own eligibility criteria and application process. Here are the most common options:
1. General Employment Policy (GEP)
The GEP visa is the most widely used route for foreign professionals looking to work in Hong Kong. It is aimed at individuals with special skills, knowledge, or experience that are not readily available in the local workforce. To qualify:
- The applicant must have a job offer from a legitimate Hong Kong employer.
- The position must require skills or experience that cannot be found locally.
- The applicant should have relevant qualifications, such as a university degree or proven work experience.
The GEP visa typically allows for an initial stay of up to 24 or 36 months, with options for renewal. There is no annual quota for the number of GEP visas that can be issued.
2. Top Talent Pass Scheme (TTPS)
The TTPS is designed for exceptionally high-caliber professionals who can make significant contributions to Hong Kong's economy. This scheme targets individuals with outstanding qualifications, such as:
- Graduates from top global universities
- Individuals with a high annual income
- Applicants with notable professional achievements in key sectors
The TTPS allows for a longer initial stay than the GEP and a faster application process, making it an attractive option for those with exceptional credentials.
3. Quality Migrant Admission Scheme (QMAS)
The QMAS is a points-based system that evaluates applicants on factors such as education, professional experience, language skills, and their potential to contribute to Hong Kong’s economy. This scheme is unique in that it does not require a pre-existing job offer. Applicants are selected based on their points score, and those with qualifications in high-demand sectors or strong connections to Hong Kong (such as having family members who are permanent residents) are given preference.
However, QMAS is highly competitive due to a quota system, and only a limited number of applicants are accepted each year.
4. Admission Scheme for Mainland Talents and Professionals (ASMTP)
The ASMTP targets skilled professionals from mainland China who have expertise that is in demand in Hong Kong. The application process is similar to the GEP but with additional requirements specific to mainland Chinese applicants. It provides a pathway for mainland Chinese talent to live and work in Hong Kong.
5. Other Visa Options
- Working Holiday Scheme: This scheme is open to young adults (generally aged 18-30) from certain countries, allowing them to work temporarily while traveling in Hong Kong. The scheme typically lasts for one year, but it has restrictions on the type of work that can be done.
- Investment Visa Scheme: This scheme is for entrepreneurs who wish to start or invest in a business in Hong Kong. Applicants must show that their business will benefit the local economy and require significant investment.
- Technology Talent Admission Scheme (TechTAS): A fast-track visa aimed at attracting highly skilled professionals in sectors such as data analysis and innovation technology.
Eligibility Criteria
The specific requirements vary depending on the visa scheme, but generally, applicants must meet the following conditions:
1. Job Offer and Employer Sponsorship
The cornerstone of most Hong Kong work visas is a confirmed job offer from a legitimate Hong Kong employer. The job must be for a genuine vacancy that aligns with the applicant’s qualifications and experience. The employer must demonstrate that they have tried to fill the position locally before hiring a foreign national.
2. Qualifications and Experience
Applicants should have relevant qualifications for the role, such as a university degree or equivalent professional experience. In some cases, significant work experience may substitute for formal education. Certain industries may also require specific professional certifications or licenses.
3. Financial Resources
Applicants must prove they have the financial means to support themselves and their dependents while living in Hong Kong. Employers must also show that they have sufficient financial resources to pay the employee’s salary and provide job security.
4. Clean Criminal Record
Applicants must provide a clean criminal record and pass a background check to ensure they do not pose a security risk to Hong Kong.
5. Language Proficiency
Although not mandatory, proficiency in English or Cantonese is highly advantageous, especially for certain professions. Fluency in these languages can make the visa application stronger and facilitate integration into Hong Kong’s professional and social environment.
Staying updated on immigration policies is crucial for successful visa applications.
Additional Considerations
While the prospect of working in Hong Kong is exciting, there are some additional considerations to keep in mind for employees:
- Costs: The work visa application process involves fees, including government processing charges and potentially agent fees, if they choose to utilize their services. Be sure to factor these costs into the overall planning.
- Visa Renewal and Extension: The GEP visa is typically issued for an initial period, often tied to the duration of the employment contract. However, there are provisions for renewal and extension, allowing an employee to continue working in Hong Kong after the initial visa period expires.
- Processing Timeline: Processing timelines for work visa applications can vary depending on individual circumstances and the current workload at the Immigration Department. It's generally recommended to factor in several weeks for processing, so plan accordingly.
- Stay Informed: For the latest information and the most up-to-date application forms and requirements, refer directly to the Hong Kong Immigration Department website.
How to Apply for a Working Visa in Hong Kong
Obtaining a Hong Kong work visa involves a few key steps. By following these procedures carefully, you can ensure a smooth application journey:
- Gather Required Documents: Both the employee and employer need to compile a comprehensive set of documents, including completed application forms, employment contracts, proof of qualifications, passport details, and potentially more. The exact requirements will be outlined by the Hong Kong Immigration Department.
- Employer Involvement: The employer will play a crucial role in the application process. They will need to submit supporting documents showcasing the legitimacy of the job offer and their efforts to recruit locally.
- Submission and Processing: Once all documents are prepared, the employee (or the employer) can apply electronically or in person to the Hong Kong Immigration Department. Processing timelines can vary, so plan accordingly.
- Decision and Visa Collection: The Immigration Department will review the application and notify you of their decision. If successful, the employee can then collect the visa and prepare for their life in Hong Kong.
Documents Needed
Documents Required from the Work Permit Applicant:
- Completed Employment Visa Application Form
- Copy of the personal particulars page of the employee's passport. If you are currently staying in Hong Kong, a copy of the passport page with the latest arrival stamp/extension of the stay label must be included.
- Copy of the employee's Hong Kong identity card (if applicable)
- Proof of overseas residence
- Proof of academic qualifications and relevant work experience
Documents Required from the Employing Company:
- Application for Employing Professionals in Hong Kong
- Copy of the company’s employment contract or letter of appointment specifying post, salaries, fringe benefits, and employment periods
- Copy of the company’s Business Registration Certificate
- Proof of the company’s financial standing, such as the latest audited financial report, trading profit and loss account, or profit tax return
- Documentation detailing the company’s background, including business activities, mode of operation, company background/connection, product ranges, sources and markets, and Chamber of Commerce membership (if any), supported by catalogs, brochures, etc. (not required if sponsoring a non-local graduate)
- If the employing company was newly established within the last 12 months: Detailed business plan, including information on the source of funds, estimated capital injection, nature/mode of business activities, expected turnover, sales volume, gross and net profit projections, and proposed creation of local job posts
Note:
a. Employing companies need not submit the mentioned documents (except the application form for employing professionals) if they obtained an employment or training visa/entry permit for a non-local staff in the past 18 months immediately before application submission.
b. All documents must be in English or Chinese or translated into English or Chinese by a certified translation body.
c. The Immigration authorities reserve the right to request additional documents from the applicant or employing company as needed.
Common Mistakes to Avoid in the Application
- Incomplete or Incorrect Documentation: Missing documents or errors in the application can cause significant delays or lead to rejection. Ensure all forms and supporting documents are complete, accurate, and up to date.
- Inadequate Proof of Qualifications: For employees, always provide certified copies of your academic qualifications, employment records, and professional licenses if required.
- Employer Sponsorship Issues: The employer must be aware of the responsibilities in the application process, such as demonstrating efforts to recruit locally and proving financial stability.
- Late Submissions: Do not wait until the last minute to apply. Submit the application well in advance, especially if the start date is approaching.
Tips for a Smooth Application Process
- Plan Ahead: Start preparing early to avoid delays. Gather the documents and research visa options.
- Organize the Documents: Keep a well-organized file of all required documents, including original copies and translations where necessary.
- Seek Professional Assistance: If you find the process complex, consider hiring an immigration consultant or lawyer to guide you.
- Communicate with the Employer/Employee: The employee and employer must both understand the visa requirements and provide the necessary support.
- Double-check the Application: Review everything thoroughly before submission to avoid delays caused by errors or missing information.
Conclusion
Landing a dream job or offering one to an employee in Hong Kong? A work visa is the key.
With careful planning and a well-prepared application, you'll be on your way to securing your Hong Kong work visa.
FAQs
Any individual who wishes to work in Hong Kong and is not a permanent resident must obtain a work visa.
In most cases, work visas in Hong Kong are issued for full-time employment. Part-time work may be allowed under certain circumstances, but it's essential to check with the Immigration Department for specific regulations.
Work visa holders in Hong Kong may be eligible to sponsor their spouse and dependent children for dependent visas, allowing them to reside in Hong Kong.
If your employment ends while you're on a work visa, you're typically required to notify the Immigration Department and make arrangements to either leave Hong Kong or apply for a new visa status, such as a visitor visa.
Generally, work visa holders in Hong Kong need to apply for a new visa if they wish to change employers. However, there are some exceptions, such as if the new employment falls within the same job category.
If your work visa application is denied, you may appeal the decision or explore other visa options, depending on your circumstances. In such situations, it's advisable to seek guidance from immigration professionals or legal experts.
Creating a company for the sole purpose of sponsoring your work visa application may not work. Obtaining a work visa is subject to the employer demonstrating sufficient substance (financial statements, bank account balance, business plan). If you just created your company and try to use it to sponsor your work visa application, your visa is likely to be rejected. However, if your company was created for some time and has an actual business and revenue, it may be able to successfully support your visa application.
