Employment and visa issues

Hong Kong has a population of almost seven million, with an employed workforce of some 3.5 million. The city is noted for its international, well-educated and service-oriented business community.

English remains the language of business in many offices, although many local staff also speak Cantonese and Mandarin, providing a vital link to business opportunities locally and in Mainland China.

Immigration
Hong Kong is a separate travel area from Mainland China. People from more than 170 countries and territories may come to Hong Kong visa-free for visits ranging from seven to 180 days.

In broad terms, short-term visitors may conduct business negotiations and sign contracts while entering Hong Kong on a visitor visa or entry permit.

Hong Kong Identity cards
Every adult (and child aged 11 years or above) who enters and is permitted to stay in Hong Kong for more than 180 days must apply for a Hong Kong Identity Card within 30 days of arrival. By law, you should carry this with you at all times.

Applying for your card is simple. A form is available on the Immigration Department website which outlines the additional documents you will need to present in person. The card is free and should be ready for collection within 10 days of application.

Visa requirements
Generally foreign nationals must obtain a visa before coming to Hong Kong to live, work or invest. There are three main ways you may obtain a visa and entitlement to stay in Hong Kong for the long-term:

- Obtain a work visa for employees
- Obtain a visa through investment, called the Capital Investment Entrant Scheme
- Obtain a dependent visa

Work visas for your employees
If you have set up your company and wish to employ people from overseas, you must demonstrate that the proposed employee has special skills, knowledge or experience that are not readily available in Hong Kong.

The proposed employee will need a sponsor (the person or enterprise offering employment) and must complete a visa application form (available from the Immigration Department website). This form can then be sent directly to the Immigration Department in Hong Kong, or to the nearest Chinese Embassy or Consul-General in the applicant’s home country.

Capital Investment Entrant Scheme (CIES)
The CIES visa is designed for people who make a capital investment of HK$ 6.5 million (approximately US$833,000) into a legitimate asset class in Hong Kong. Applicants must also demonstrate that they can support themselves and their dependents without public assistance. While CIES visas are designed for those who do not intend to work in Hong Kong, holders of this visa can work or take up direcorate positions subject to certain criteria.

Dependent visas
Persons who are successful in receiving either an employment visa or a CIES visa may also bring their spouse and dependent children to Hong Kong provided there are sufficient funds and suitable accommodation for them. The limit on their stay is the same as that of the applicant.

A spouse may apply for a dependent visa which allows the holder to undertake almost any type of lawful employment in Hong Kong. Effectively, dependent visas are issued as a matter of course as long as the requisite relationship exists (a couple must be legally married) and suitable proof of:
i) actual dependency, and
ii) evidence of the sponsor’s ability and willingness to support the applicant’s dependency is presented in support of the application is provided.

Employment regulations
The Employment Ordinance sets out the minimum entitlements for employees, such as statutory holidays, Mandatory Provident Fund payments, sick and maternity leave and severance and long-service payments.