Looking for a Hong Kong Immigration Lawyer?
Do you absolutely need a HK immigration lawyer to handle your Hong Kong visa application?
The quick answer is NO.
In HK, you don't need an immigration lawyer to act on your behalf to submit and deal with your Hong Kong visa immigration application.
But you always need an experienced immigration consultant to guide you through the entire application process.
An immigration lawyer certainly deals with the applications of foreigners who are to migrate (or relocate) to Hong Kong.
Both Hong Kong immigration lawyers and immigration consultants can involve in work related to:
We (Prism Consultancy) are a Hong Kong immigration consultant who have extensive experiences when handling immigration cases for foreigners.
The advantages when using an immigration consultant include:
A Hong Kong work visa (or referred to as employment visa) must be applied for and granted by the Hong Kong Immigration Department before a foreigner is allowed to enter and start his/her employment in Hong Kong.
The criteria for the HK Immigration Department to grant the foreigner a work visa may include all of the following items:
Refer to Work Visa applications for more details.
An entrepreneur visa or investment visa application is a subcategory of a work visa application, designed for those business owners or entrepreneurs who intend to stay in Hong Kong to actively participate in daily business operations.
To be eligible for an entrepreneur visa, an individual should prove the following:
Refer to Entrepreneur Visa applications for more details.
A Dependant Visa is required, when a dependant spouse and unmarried dependant children under the age of 18 are to accompany a sponsor to relocate to Hong Kong. This sponsor applicant must hold a valid visa, (including a visa for employment, or investment).
Another example is a Hong Kong permanent resident can be the sponsor for the dependant visa application for his/her spouse, who is not a HK permanent resident.
Dependant visa holders are free to work, study or set up their own business in Hong Kong.
Refer to Dependant Visa applications for more details.
When an applicant is working for the same employer who is sponsoring the work visa, the work visa extension or renewal application is simple. Usually a three year visa will be granted with the first extension. The normal extension pattern is 2 years for the first application, 3 years for the second application (i.e. first extension), and 3 years for the third application (i.e. second extension).
When the sponsoring company is newly established in Hong Kong, applying for an extension of stay is more complicated. Extra documentation will be required by the HK Immigration Department. The application will be subject to a business review, with business development and turnover as primary area of concern. A one-year visa is granted on approval of application.
Refer to Visa Renewal applications for more details.
Regardless a Hong Kong work visa has expired or not, a change of sponsorship application is required if a work visa holder is changing an employer. An application for a change of sponsorship must be filed before the start of a new employment (with a new employer).
The application process similar to a new work visa application. When the new employment is in the same field/industry as the previous employment, the change of sponsorship application should usually be approved without problem.
Refer to Change of Employer Sponsorship applications for more details.
For a dependant visa renewal, if the applicant's family status remains unchanged, the application for an extension of stay should be easily granted. When the sponsor has a Hong Kong permanent residence status, a three-year dependant visa will be granted. Otherwise, the new visa will expire on the same date as the sponsor.
Refer to Visa Renewal applications for more details.
Same sex couples and unmarried heterosexual couples are not eligible to apply for Dependants Visas in Hong Kong, according the policies of the Hong Kong Immigration Department.
This means, a de facto spouse, i.e. one without a formal marriage certificate, is not eligible for a dependant visa. A same gender spouse with marriage certificate in overseas, is also not eligible for a dependant visa.
The couples can however apply for prolonged visitor visas. This allows for an extended stay but does not entail the same rights and benefits as a dependant visa.
A de facto spouse cannot work or study without the prior permission of Immigration Department and is not eligible to apply for a right of abode after seven consecutive years in Hong Kong. The prolonged visitor visa holder is also not eligible to get a resident Hong Kong Identity Card.
Refer to De Facto Visa applications for more details.
Hong Kong permanent residence is usually also referred to as the right of abode in HK.
Right of Abode in Hong Kong guarantees the right to land in Hong Kong free from any conditions of stay.
Foreigners are eligible to apply for right of abode in Hong Kong if:
Refer to Right of Abode for more details.
We’ve used Prism for a variety of support services and they’ve always been top notch. Definitely recommend them if you need help as a start-up business that needs support getting all of your paperwork in order.
⭐⭐⭐⭐⭐ June 17, 2022