Deacons
  August 21, 2006 - Hong Kong

Hong Kong: New Immigration Policies

The Hong Kong Immigration Department has recently implemented two new immigration policies to enhance Hong Kong's competitiveness in attracting professionals, talents and investors. Permission to take up employment for dependant visa holders Effective from 15 May 2006, dependant visa holder whose sponsor has been admitted into Hong Kong for employment (as professionals, investors or for training) or as capital investment entrant is permitted to take up employment without the need to obtain independent work visa. If the dependant visa holder has already been issued with a visa label which states that employment is prohibited unless with prior approval from the Immigration Department, he/she should make an application with the Immigration Department to cancel such condition of stay before he/she can take up employment in Hong Kong. For dependant visa issued since 15 May 2006, there should be no such restriction stated on the visa label. As regards the length of stay of the dependant visa holder, it will still be dependent on that of his/her sponsor. However, such removal of restriction does not apply to dependant visa holder whose sponsor has been admitted into Hong Kong for study and prior approval from the Immigration Department is still required if such person would like to work in Hong Kong. Quality Migrant Admission Scheme Background Since 28 June 2006, the Immigration Department has commenced to accept applications for the Quality Migrant Admission Scheme which was initiated in the 2005 Policy Address. This scheme has a quota system and is point-based. Initially, a maximum of 1,000 applicants per annum may be admitted into Hong Kong under the scheme. The assessment is carried out under either the General Points Test or the Achievement-based Points Test. Candidates should fulfil basic requirements in order to be admitted, including financial capacity of supporting themselves and their dependants, proficiency in Chinese or English, absence of criminal or adverse immigration record, good education background, etc. Assessment Criteria A minimum passing mark is set in the General Points Test and candidates are evaluated on the basis of five factors, namely age, academic or professional qualifications, working experience, language proficiency and family background. Candidates assessed under the Achievement-based Points Test will be awarded with a maximum mark of 165 if they have exceptional achievement (e.g. Nobel Prize) or their contribution or work has been significantly recognised in a certain industry. Short-listed applicants in either the General Points Test or the Achievement-based Points Test will then be considered by an advisory committee which will make the selection with regard to needs of the community and the candidate's area of expertise. Length of Stay Successful candidates will be granted a 12-month stay initially. Thereafter, a person admitted under the scheme has to apply for extension of stay and he/she needs to demonstrate to the Immigration Department with supporting documentation that he/she has taken steps to settle in Hong Kong by securing a gainful employment or establishing a business.