Hong Kong Employment and Exact same Associate Visa – A Circumstance Examine

Our customers were a exact same intercourse spouse couple from Australia. Susan was a Forex trader working for a boutique investing problem in Sydney and her Lifestyle Associate, Judith, owned and operated a tiny graphics design firm.

www.fastlanehr.hk was a senor executive in her employer’s organisation and experienced been tasked with relocating to Hong Kong to set up a new satellite procedure in the HKSAR. Judith was planning to accompany Susan for the duration of her relocation which was scheduled to final three years.

There ended up three immigration problems related with this particular project:

1 – The company was to be newly recognized, indicating that the Hong Kong Immigration Division (“HKID”) would have to understand the bona fides of the business from scratch as the sponsor-employer experienced no preceding immigration profile.

2 – The enterprise would be matter to rigid SFC licensing circumstances which would affect on the timing and availability of visa permission for Susan.

three – As non-classic family members, Judith would not be authorized a dependent visa which meant that specific focus would have to be put on the character of the Daily life Partnership which Judith and Susan enjoyed to allow a extended customer visa for Judith to accompany Susan during her secondment to Hong Kong.

This necessitated 3 significant sets of documentation issues.

We had to intently coordinate with the blue chip regulation company instructed to attend to the corporate establishment and SFC licensing applications, therefore making sure the new Hong Kong business as employer-sponsor would be capable to go muster with the HKID.

We labored directly with Susan in accumulating collectively the requisite data on her current employer in Australia, for, as an inter firm transferee moving to a freshly recognized business in the HKSAR, the Immigration Section would search intently at the bona fides of the Australian mum or dad operation and just take ease and comfort from that profile to be pleased that, in fact, the recently recognized enterprise in Hong Kong would basically be of the identical ilk and calibre.

We also worked directly with Judith who managed the physical exercise of compiling the documentation substantiating the profoundly committed, loving character of her partnership with Susan AND the truth that her organization in Australia would have on throughout their remain with each other in Hong Kong supplying an unbiased signifies for Judith to contribute to the cost of their joint life even however Susan would be serving the role of economic guarantor and sponsor for Judith’s residence listed here.

Provided the comparatively advanced nature of the predicament and the very individual, professional characteristics of Susan and Judith them selves, the workout of accumulating the documentation was really simple. Even so, a few stage to note can be produced:

one – The profitable SFC licensing of equally Susan and the new business in Hong Kong was a required pre-issue for visa acceptance ultimately. This indicates that the processes foremost to these licenses had to start Prior to the software was submitted and anticipations established that visas would be granted After the consents had been finalised. It is unreasonable to anticipate the HKID to authorise employment for unlicensed companies.

two – There was a rooster and egg variety top quality to this scenario as the SFC license could only be granted to a person with requisite Hong Kong immigration permissions and visas could only be granted exactly where SFC licensing was in area. Mindful timing and coordination of the application paperwork and interactions with the HKID ensured that this conundrum was eventually get over.

3 – As it transpired Judith and Susan every owned their personal properties in Australia, even though they had lived jointly in one of them for many years. As a result, they had been unable to display to the HKID joint residence possession or a household tenancy in equally of their names. Nevertheless, they had appointed every other as the sole beneficiaries in their mutual wills some time earlier and this truth, jointly with an array of other documentation which spoke to their evident existing cohabitation, family support for their partnership and Australia tax returns every indicating the other as in receipt of certain loved ones tax advantages, served to conquer this lacuna in their paperwork.

Unnecessary to say, equally circumstances were approved, Susan received her work visa and Judith her extended customer visa.