In February 2015, the Hong Kong Immigration Department (HKID) announced new initiatives and enhancement measures to Hong Kong immigration policies governing the admission of talent, professionals and entrepreneurs. The new initiatives and enhancement measures will take effect in the second quarter of 2015, superseding existing admission arrangements. The following are key initiatives and enhancements for employment-based admissions.
Relaxed stay arrangements for applicants under the General Employment Policy (GEP) and Admission Scheme for Mainland Talent and Professionals (ASMTP):
- Initial stay period will be increased to two years;
- Subsequent visa extensions will be granted in three-year intervals
Introduction of top-tier entrants:
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- After holding GEP or ASMTP employment visas for two years, applicants may qualify as “top-tier entrants” if they have an assessable income for salaries tax of not less than HK$2 million in the previous year of assessment;
- Top-tier entrants are eligible for six-year visa extensions, which are not specific to the employer sponsoring the visa;
- Prior approval for change of employer is not required as the employment visas are no longer employer-specific. Top-tier entrants only need to notify the HKID in writing upon change of employment.
Introduction of Admission Scheme for the Second Generation of Chinese Hong Kong permanent residents (ASSG):
- ASSG is aimed at applicants aged between 18 and 40 who are born overseas to at least one parent who is a Hong Kong permanent resident at the time of application and was a Chinese national who had settled overseas at the time of the applicant’s birth;
- Applicants must have a good education background and proficiency in either Chinese (written and spoken Mandarin or Cantonese) or English;
- Secured job offer is not mandatory at the time of application;
- ASSG is granted for an initial period of 12 months, and extendable. Applicants are required to show proof of employment or business in Hong Kong for visa extension.
Other noteworthy developments:
- Entry for entrepreneurs under GEP to establish or join in a business in Hong Kong – specific factors for consideration in assessing applications will be published. Applications from start-up entrepreneurs will be favourably considered if supported by a government-backed programme such as InvestHK’s StartmeupHK Venture Programme;
- Quality Migrant Admission Scheme – bonus points will be awarded under the general points test for an outstanding academic background and previous international work experience. Applicants under the achievement-based points test may be granted an eight-year visa upon entry, as well as relaxed stay arrangements and the introduction of a top-tier stream similar to GEP and ASMTP applications.
The HKID is expected to provide further information on implementation procedures for the new initiatives and enhancement measures around the second quarter of 2015. Employers are encouraged to stay tuned for future updates.
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Business Law Digest is compiled with the assistance of Baker & McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker & McKenzie by e-mailing Danian Zhang (Shanghai) at: danian.zhang@bakermckenzie.com
