Hong Kong Work and Very same Associate Visa – A Case Review

Our clientele had been a very same intercourse spouse few from Australia. Susan was a Fx trader operating for a boutique trading issue in Sydney and her Lifestyle Associate, Judith, owned and operated a tiny graphics style organization.

Susan was a senor executive in her employer’s organisation and had been tasked with relocating to Hong Kong to build a new satellite operation in the HKSAR. Judith was planning to accompany Susan for the period of her relocation which was scheduled to previous 3 several years.

There ended up three immigration challenges connected with this certain project:

1 – The company was to be freshly proven, indicating that the Hong Kong Immigration Section (“HKID”) would have to comprehend the bona fides of the organization from scratch as the sponsor-employer had no prior immigration profile.

2 – The company would be matter to rigorous SFC licensing situations which would effect on the timing and availability of visa authorization for Susan.

three – As non-classic household, Judith would not be permitted a dependent visa which intended that unique emphasis would have to be positioned on the mother nature of the Lifestyle Partnership which Judith and Susan liked to enable a extended customer visa for Judith to accompany Susan throughout her secondment to Hong Kong.

This necessitated a few significant sets of documentation issues.

We experienced to closely coordinate with the blue chip law agency instructed to show up at to the corporate establishment and SFC licensing apps, thereby guaranteeing the new Hong Kong organization as employer-sponsor would be able to move muster with the HKID.

We worked immediately with Susan in collecting together the requisite information on her current employer in Australia, for, as an inter business transferee transferring to a recently established business in the HKSAR, the Immigration Department would seem closely at the bona fides of the Australian mother or father operation and just take convenience from that profile to be content that, in fact, the newly recognized organization in Hong Kong would essentially be of the very same ilk and calibre.

www.fastlanehr.hk/payroll-outsourcing/ worked right with Judith who managed the exercise of compiling the documentation substantiating the profoundly dedicated, loving nature of her partnership with Susan AND the truth that her company in Australia would have on in the course of their continue to be jointly in Hong Kong offering an impartial signifies for Judith to lead to the value of their joint lives even though Susan would be serving the function of financial guarantor and sponsor for Judith’s home right here.

Offered the fairly sophisticated nature of the circumstance and the very personal, expert qualities of Susan and Judith on their own, the physical exercise of accumulating the documentation was really uncomplicated. However, a few position to note can be produced:

one – The productive SFC licensing of the two Susan and the new firm in Hong Kong was a necessary pre-condition for visa acceptance ultimately. This signifies that the procedures major to these licenses had to start Prior to the application was submitted and expectations established that visas would be granted Soon after the consents had been finalised. It is unreasonable to count on the HKID to authorise work for unlicensed businesses.

2 – There was a chicken and egg variety high 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 the place SFC licensing was in place. Mindful timing and coordination of the application paperwork and interactions with the HKID ensured that this conundrum was eventually get over.

three – As it occurred Judith and Susan each owned their own properties in Australia, despite the fact that they had lived together in a single of them for several several years. Therefore, they ended up unable to display to the HKID joint home ownership or a household tenancy in equally of their names. However, they experienced appointed each and every other as the sole beneficiaries in their mutual wills some time previously and this truth, together with an array of other documentation which spoke to their clear existing cohabitation, loved ones assistance for their relationship and Australia tax returns each and every indicating the other as in receipt of specified family members tax advantages, served to conquer this lacuna in their paperwork.

Unnecessary to say, each instances had been authorized, Susan acquired her employment visa and Judith her extended customer visa.