How do I get a residence permit and permanent residence in Hong Kong?

To begin with, it is worth noting that a residence permit in Hong Kong is equivalent to the status of a permanent resident, that is, if a foreigner has a residence permit, he is already considered permanent residence, permanent residence.

To get permanent residence in Hong Kong:

• A foreigner must legally (by obtaining a visa) live here for at least 7 years.
• After that, they will need to apply to the Immigration Department with an application ROP145 to verify their eligibility for a permanent resident ID card-HK Permanent Identity Card.
• If the applicant is under the age of 21, this application may be submitted by one of the parents or guardian.
• At the same time, an application is submitted to ROP146 about choosing Hong Kong as their permanent residence.

From the documents you will need:

• proof of residence in Hong Kong for 7 years;
• tax payment certificate;
• evidence of financial well-being and information about the presence of family members in Hong Kong. 

Attention! The department reviews the application for an average of 6 weeks and all this time the applicant needs to be in Hong Kong.

There are two permanent residence statuses in Hong Kong:

• Right of Abode / Permanent Residence – allows you to stay without restrictions on the entire territory. The owner of such a document is fully protected from deportation from the country.
• Right to land - issued to persons who have lost their permanent residence. Foreigners who live on such legal grounds in Hong Kong can be deported.

_____

What visas are acceptable for obtaining a residence permit and permanent residence in the future?

1.Dependent visa to Hong Kong (Dependant Visa).

• Immigration to Hong Kong by marriage. Marrying a Hong Kong visa holder who studies, works, or does business here entitles you to a Dependent Visa. To receive it, the spouse must fill out the ID 997 form and provide documents confirming the legal marriage with the visa holder (marriage certificate).

• Spouses who aren’t officially married are not eligible for a dependent visa. However, they can get special permission to extend their guest visa. Such a visa will allow you to stay in Hong Kong much longer, however, it won’t give the same rights and benefits that a dependent visa gives (there is no right to work or study in Hong Kong without special permission from the Immigration Department, as well as after 7 years of living in Hong Kong. There is no right to obtain a permanent residence permit on such a visa). To continue their stay in Hong Kong, the holder of this visa must provide the necessary proof that they must be in Hong Kong, as well as proof of their financial condition.

A dependent visa allows you to live normally in Hong Kong, that is, it entitles you to study and work without obtaining any permits from the Immigration Department. Its owners are issued an ID card. And after 7 years of living in Hong Kong, you can apply for a residence permit on this visa.

Important! All other family members who need to open a dependent visa must apply for a dependent visa on their own behalf. If these are resident parents, then the minimum age requirements for dependent parents are 60 years. At the same time, only permanent residents have the right to register dependent parents.

_____

2. Business visa.

The most popular type of immigration to Hong Kong is business immigration, that is, creating your own company in this jurisdiction and obtaining an investment to establish/join in business visa to Hong Kong. Such a visa can only be obtained by owners of existing companies in or outside Hong Kong, or owners of new companies, the main conditions are:

• creating jobs for Hong Kong residents;
• have available capital to invest in the local economy.

Initially, such a visa is issued for one year without restrictions on the time spent in Hong Kong, then it can be extended for 2 years. After 7 years of living in the city, the owner of an investment work visa will have the opportunity to obtain a permanent residence permit in Hong Kong. 

_____

3. Work visa to Hong Kong.

Work visa holders can reside and work in Hong Kong and repeatedly cross its borders. But not everyone is given a work visa to Hong Kong: candidates without higher education are usually not even considered, and the diploma must meet the international standard and be confirmed.

In addition, the Hong Kong authorities allow local employers to hire foreigners only if there are no candidates for the vacancy among the local population.

It is worth noting that the Department of Immigration divides all foreigners applying for jobs in Hong Kong into two groups:

• «A» - this includes all foreigners who have studied in Hong Kong and received appropriate diplomas. They are allowed to change jobs without notifying the Immigration Department. Those graduates who apply for a visa within six months of graduation («new graduates») receive a one-year work visa without proof of their employment. Graduates who apply later («returnees») will have to confirm their employment.
• «B» — other foreign citizens.

Initially, a work visa is issued for a year, then it can be extended for 2-3 years. You can apply for a visa extension no later than one month before the end of the current permit.

_____

4) Visa with the program of the quality Business Admission Scheme (QBAS).

The Quality Business Admission Scheme (QBAS) program aims to attract talented professionals who can contribute to the economic development of Hong Kong. A visa with this program is usually issued for a year. Without any reference to the place of work and sponsor. In some cases, the initial visa period may be extended up to 24 months. During this year, the visa holder can find a job in companies in Hong Kong.

The main applicants for a QBAS visa are specialists in the field of Information Technology, Telecommunications, Finance, as well as cultural and artistic figures.

Requirements for candidates:

• The applicant must be at least 18 years of age at the time of applying for the program.
• The applicant must confirm their financial viability and ability to cover all their expenses in Hong Kong during the year, regardless of whether they can find an additional source of income there or not (real estate, bank statements, business share).
• The applicant must not have a criminal record or other criminal past life, as well as violations of the migration policy of both Hong Kong and other states or administrative regions.
• The applicant must speak Chinese or English at a high level sufficient for professional use.
• The applicant must have a higher education confirmed by a diploma of an accredited university, which is recognized by many countries of the world.
• They mustn’t be a citizen of Afghanistan, Cambodia, Laos, Cuba, North Korea, Nepal, or Vietnam.

_______

The Hong Kong Migration Service has developed two tests. According to them, candidates must score a certain number of points (the minimum is 80). You can choose from two tests: the General Points Test and the Achievement-based Points Test.

• General points Test - testing which is based on the general worldview and qualifications. Factors such as age, qualifications, work experience, knowledge of the language (English or Chinese, as well as additional foreign languages), and family status are taken into account here. For each of the points, from five to forty points are given. You can calculate the number of points using the table provided by the Hong Kong Immigration Service.

• Achievements-based points Test - testing designed to identify candidates with outstanding professional achievements. In this test, there are only two points for which points are awarded, 195 at once for each — the presence of an award of exceptional world value (Nobel Prize, Olympic medals, international and national prizes) and the presence of a scientific or research work that has played an important role in the industry in which the applicant wants to get a visa.

_____

Preparation of documents.

The first step is to fill out the official application form. The application must be supported by copies of documents confirming the information provided in the questionnaire.

This is:

• copy of the passport page with personal information;
• a copy of documents confirming the applicant's financial viability (bank statements, availability of real estate and/or shares in the business, audit results, etc.);
• certificate of proficiency in Chinese or English (for example, TOEFL or IELTS for English and PCS or HSK for Chinese);
• confirmation of the level of education and/or qualifications in the field in which the applicant plans to obtain a visa (certificates, diplomas);
• confirmation of professional courses and trainings (if any);
• proof of work experience in the specialty (letters from the place of work on the official letterhead of the company, employment contracts, for business owners — company registration documents, audit reports, financial obligations signed by the applicant on behalf of the company).

For applicants applying for a visa based on outstanding achievements, you must also provide:

• international certificates;
• published scientific papers or articles;
• letters of recommendation from employers or academic supervisors;
• honorary diplomas or certificates.

All these documents, translated into English or Chinese by a certified agency or translator, must be mailed or submitted in person to the Hong Kong Immigration Service at Quality Migrants and Mainland Residents Section Immigration Department, 6/F, Immigration Tower, 7 Chai, Hong Kong.

_____

Within a week after the Migration Service receives the package of documents, the applicant will be sent a corresponding confirmation. Further, the Migration Service will decide on quotas and visa issuance based on:

• socio-economic needs of Hong Kong for the current period
• the number of points scored by each applicant.

Those who have scored the required number of points, but do not get into the program, will first be considered during the next wave of candidate selection. Quotas are set quarterly. For those whose application was approved, the Migration Service sends:

• the so-called Approval-in-Principle Letter
• and an invitation to an interview that must take place within three months of sending the email.

With this letter and the originals of all documents, copies of which were attached to the application form, the applicant enters Hong Kong on a tourist visa.

Visa for scheme QBAS will be issued after the Immigration Department checks all the original documents provided. Usually, the verification period does not exceed one week. Getting an Approval-in-Principle Letter is not an absolute guarantee of issuing a visa!

_____

Legal issues.

A QMAS visa holder can stay in Hong Kong for one year and work for local companies and businesses, as well as start a private business. The field of activity of your own company, of course, should be directly related to the specialization in which the applicant received a visa, because he was allowed to live and work in the country in order to develop exactly the industry in which he is already a highly qualified specialist.

Unlike applicants who have received a standard work visa, QMAS program participants are not required to provide a signed contract with the hiring company when submitting documents and can look for a suitable job on the spot.

This is beneficial for companies:

• First, the company itself doesn’t need to deal with the registration of an employee in advance. 
• Secondly, the Migration Service has already checked it and made sure of its decent reputation. 
• Third, hiring employees after personal communication is much more fruitful than solving such an issue remotely. 

Some Hong Kong employers indicate that a QMAS visa is a prerequisite for foreign employees.

As mentioned above, the QMAS visa is issued for one year. But if necessary, it can be extended. To do this, you must submit your documents no later than 4 weeks before its end. Most likely, the Migration Service will request confirmation that the visa was used «for its intended purpose»:

• the emigrant found a job in the specialization that was stipulated at the time of obtaining the visa;
• opened your own business.

By the way, to extend your QMAS visa for the first time, it is enough to get a job as an ordinary qualified employee or manager. Without any restrictions on companies. And for the second extension, you will have to demonstrate career advancement.

An important advantage of a visa with the scheme of the Quality Business Admission Scheme is the ability to bring your family (wife/husband and children under the age of 18). To obtain permission to enter and stay in Hong Kong, the next of kin of the main owner must fill out the ID 997 form for dependents and dependents. 

They will be issued a Dependent Visa, which entitles them to:

• work and study in Hong Kong without obtaining any additional permits
• apply for a residence permit after seven years of stay in the country.

_____

How do I get Hong Kong citizenship?

There are only two ways to become a Hong Kong citizen:

• be Chinese from birth;
• marry a Chinese man.

In addition, to get citizenship, you must give up your native passport – dual citizenship is prohibited here. 

So, given that the status of permanent residence provides its owners with almost all the advantages, benefits and rights of Hong Kong citizens (unless they can become civil servants), Hong Kong citizenship, as a rule, does not interest foreigners.