How do you become a resident of Hong Kong?

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Comment devenir résident à Hong Kong ?

How to Work in Hong Kong, Obtain a Visa, and Become a Resident?

The island welcomes nationals from more than 170 countries around the world each year. They have the opportunity to visit Hong Kong without a visa for periods ranging from 7 to 180 days. However, note that if you wish to settle in Hong Kong to live, work, or study, you will need to obtain a visa before arriving in the country. For most expatriates, it is through a work visa that they obtain residency. In the vast majority of cases, your employer will handle your relocation as well as the procedures relating to your residence visa in Hong Kong. Regardless of which visa you need, it is recommended that you check with the Chinese embassy for the most recent information, requirements, and documents you will need before submitting your application. Indeed, foreign nationals must obtain a residence permit in Hong Kong in certain circumstances. The Hong Kong Special Administrative Region has an immigration ordinance and also uses provisions of the Basic Law to regulate how foreigners can obtain permanent residence in Hong Kong or other types of visas.

Formalities: Types of Visas in Hong Kong in 2022

Generally speaking, anyone traveling to Hong Kong for professional purposes (a new job) or as part of a training program (studies) must obtain an entry visa before arrival. Employers in Hong Kong risk severe financial penalties if they do not provide their employees with the appropriate work permits. The types of visas for expatriates in Hong Kong are as follows:
  • Employment visa
  • Study visa
  • Training visa
  •  Investment visa as an entrepreneur
  • Dependent visa

Immigration: Permanent Resident in Hong Kong

Under the law, several categories of people are permitted to become permanent residents of Hong Kong:
  • Chinese nationals born in Hong Kong or those who have legally lived in the city for 7 years;
  • Chinese nationals born outside Hong Kong but whose parent was a resident at the time of their birth;
  • Foreigners who have lived in Hong Kong for 7 years and for whom the city is their permanent place of residence may apply for Hong Kong permanent resident status;
  • Foreigners under the age of 21 who have a Hong Kong resident parent (however, after turning 21, they must apply for a permit themselves);
  • People who have no right of residence anywhere other than Hong Kong.
However, a foreigner who is not a Chinese national and applies for permanent resident status in Hong Kong may have to meet various other requirements, such as providing proof that they paid taxes in Hong Kong during the time they lived in the city. The Immigration Department is the authority responsible for all permanent residence applications.

Permanent Residence in Hong Kong Under the General Employment Policy

For many foreign nationals, relocation to Hong Kong takes place for professional reasons. In this case, the main rules that apply are those included in the General Employment Policy. Please bear in mind that these differ from the admission schemes applicable to talented professionals or entrepreneurs. Becoming a permanent resident of Hong Kong is possible for an employee who has worked legally in the Special Administrative Region and renewed their work permit for the minimum number of years required. Under the General Employment Policy, foreign employees will be accepted for certain categories of corporate positions when their skills or experience cannot be found among Hong Kong employees. A foreign national may apply for an entry permit and thus eventually become a permanent resident of HK when they have:
  • An employment contract: they have a confirmed job in Hong Kong in a position matching their professional experience or qualifications (and the position cannot be filled by the local workforce);
  • A clean criminal record: there are no security objections to hiring the applicant, who has no record of a serious crime;
  • Good references: the person has a good level of education and relevant technical qualifications;
  • Adequate benefits: the position includes compensation in accordance with the rules applicable to the profession in the Special Administrative Region.
Foreign nationals admitted to Hong Kong may bring their spouse, same-sex civil partner, or unmarried dependent children under the age of 18. Required Documents In your visa application, you must include a statement from your prospective employer describing the position to be filled. When assessing your application, the Immigration Department may rule in your favor if you meet the following conditions:
  • You have a higher education degree and the professional experience required for the position;
  • Your salary and other working conditions are comparable to local standards;
  • You will contribute to the local economy in general;
  • The company can prove that it did not find a local person to fill this particular position.
The last criterion is generally the most difficult to prove, especially if you are recruited directly by a Hong Kong company. Nevertheless, for most applications, the immigration authorities accept the evidence they receive.
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