Hong Kong Work and Identical Associate Visa for Hong Kong – A Case Review

Our clients had been a very same sexual intercourse partner couple from Australia. Susan was a Forex trading trader working for a boutique investing problem in Sydney and her Daily life Spouse, Judith, owned and operated a tiny graphics design organization.

fastlanehr.hk was a senor government in her employer’s organisation and experienced been tasked with relocating to Hong Kong to create a new satellite procedure in the HKSAR. Judith was organizing to accompany Susan for the period of her relocation which was scheduled to very last three years.

There ended up 3 immigration issues connected with this particular task:

1 – The organization was to be freshly set up, which means that the Hong Kong Immigration Division (“HKID”) would have to understand the bona fides of the company from scratch as the sponsor-employer had no prior immigration profile.

two – The enterprise would be matter to rigorous SFC licensing conditions which would effect on the timing and availability of visa permission for Susan.

three – As non-conventional household, Judith would not be allowed a dependent visa which intended that specific focus would have to be placed on the mother nature of the Lifestyle Partnership which Judith and Susan appreciated to enable a prolonged visitor visa for Judith to accompany Susan during her secondment to Hong Kong.

This necessitated a few appreciable sets of documentation issues.

We experienced to closely coordinate with the blue chip regulation agency instructed to go to to the corporate establishment and SFC licensing applications, thereby ensuring the new Hong Kong business as employer-sponsor would be in a position to move muster with the HKID.

We labored right with Susan in collecting together the requisite data on her existing employer in Australia, for, as an inter company transferee shifting to a recently established business in the HKSAR, the Immigration Section would appear intently at the bona fides of the Australian parent procedure and just take convenience from that profile to be satisfied that, in fact, the freshly recognized enterprise in Hong Kong would basically be of the exact same ilk and calibre.

We also worked immediately with Judith who managed the physical exercise of compiling the documentation substantiating the profoundly committed, loving nature of her partnership with Susan AND the simple fact that her organization in Australia would have on for the duration of their continue to be collectively in Hong Kong delivering an unbiased indicates for Judith to lead to the expense of their joint lives even though Susan would be serving the function of fiscal guarantor and sponsor for Judith’s home listed here.

Offered the relatively sophisticated nature of the scenario and the extremely personal, professional characteristics of Susan and Judith by themselves, the physical exercise of accumulating the documentation was really straightforward. Nonetheless, three level to observe can be manufactured:

1 – The productive SFC licensing of both Susan and the new business in Hong Kong was a essential pre-issue for visa acceptance in the long run. This means that the processes major to these licenses had to start Just before the software was submitted and expectations established that visas would be granted Soon after the consents experienced been finalised. It is unreasonable to assume the HKID to authorise work for unlicensed organizations.

two – There was a rooster and egg sort good quality to this scenario as the SFC license could only be granted to a man or woman with requisite Hong Kong immigration permissions and visas could only be granted exactly where SFC licensing was in place. Watchful timing and coordination of the application paperwork and interactions with the HKID ensured that this conundrum was eventually defeat.

three – As it took place Judith and Susan each owned their personal residences in Australia, though they experienced lived together in a single of them for a number of a long time. For that reason, they were not able to demonstrate to the HKID joint house ownership or a household tenancy in each of their names. Nevertheless, they had appointed each other as the sole beneficiaries in their mutual wills some time formerly and this fact, together with an array of other documentation which spoke to their clear recent cohabitation, family help for their partnership and Australia tax returns every indicating the other as in receipt of specific loved ones tax advantages, served to conquer this lacuna in their paperwork.

Needless to say, both situations had been accepted, Susan acquired her work visa and Judith her extended customer visa.

Leave a Reply