Introduction

Securing a world-class team in Hong Kong often requires hiring talent from across the globe. Under the Immigration Ordinance (Cap. 115), foreign nationals must obtain a work visa in Hong Kong SAR before starting to work. This will provide them with the right to land and give them the possibility of becoming a resident.

The main pathway to apply is the General Employment Policy (GEP), which is Hong Kong’s visa scheme for applicants who possess unique skills, knowledge, or experience of value to Hong Kong and not readily available with professionals in Hong Kong. 

 The 4 Pillars of Approval of Work Visas in Hong Kong

If you are in the process of hiring an employee in Hong Kong, you are most likely looking for a person who will bring excellent value to your organisation and possess a specific combination of skills and knowledge. Sometimes, it is difficult to find a candidate that fulfil all the requirements and is readily available in Hong Kong. That is when you might need to hire a foreign employee to take up employment in Hong Kong.

Even before you look at the applicant’s CVs, you should review the eligibility requirements of the Hong Kong Immigration Department so you can plan and select the correct candidate. Reviewing the eligibility criteria of the visa under the General Employment Policy will bring you closer to a successful application:

1.  Relevant Qualifications & Experience: The applicant must possess academic qualifications or work experience to fulfil the position.

For example, if a business in Hong Kong is hiring a graphic designer as manager of a creative department, it is important that the applicant has several years of experience not only as a designer, but also as a manager of a team. This demonstrates he or she has the capability to fulfil the position you are offering. 

In case the applicant has no sufficient experience, the Immigration Department might challenge the application with further questions on the applicant’s experience. 

2. Local Workforce Test: The employer must demonstrate that the position cannot be readily filled by local talent. If you place yourself in the Government’s position, it makes sense to push more local talent to obtain the jobs open on the market over foreign applicants. 

3. Confirmed Job Offer in Hong Kong: The applicant must hold a confirmed contract/offer letter from a bona fide Hong Kong corporate sponsor. This means once you find the appropriate candidate, you must extend a contract signed and stamped by the company or an offer letter. 

4. Remuneration Within Market Standards in Hong Kong: The salary, fringe benefits, and housing allowances offered must match prevailing Hong Kong market standards. 

Key Rule: There is no official statutory minimum salary floor when you do a work permit application, but entry-level professional roles typically face higher scrutiny if monthly compensation drops below prevailing local benchmarks (approx. HK$20,000–HK$25,000/month).

Top Talent Pass Scheme (TTPS)

The Top Talent Pass Scheme is a program in the Hong Kong Special Administrative Region with the intention of attracting talent from all over the world, with valuable work experience and graduates from the world´s top universities. There are three distinct categories under this program and the eligibility criteria under the GEP:

• Category A (High Earners): Applicants with an annual income of HK$2.5 million or more in the year prior to application.

• Category B (Experienced Graduates): Hold a degree from an eligible top university and have at least three years of work experience over the past 5 years. 

• Category C (Recent Graduates): Hold a degree from an eligible top university with less than 3 years of work experience, subject to an annual quota. This category does not apply to non-local graduates who completed a full-time programme in Hong Kong.

The Document Checklist for Employment Visa (Applicant vs. Employer)

When preparing the application, both the sponsoring company and the applicant must arrange a set of documents from each side before the potential employee applies to come to work. Therefore, you must share the requirements with your applicant well in advance. Here are the documents required for the work visa application for both parties:

For the Employee (Form ID 990A):

• Download and fill out Form ID 990A from the Immigration Department website.
• Valid travel document copy (passport page with personal information).
• Academic degree certificates, professional licences, and transcripts.
• Proof of past work experience (detailed CV and/or previous employer reference letters).
• Passport-sized photograph.
• Proof of residency of the applicant.

For the Sponsoring Employer (Form ID 990B):

• For the sponsoring Employer, the company must fill out Form ID 990B.
• Copy of the Business Registration Certificate (BRC).
• Latest audited financial statements or company tax return. For the case of startup companies which have not yet undergone an audit, they can present a Profit and Loss statement, a business plan, and a financial projection to demonstrate that the company can support a foreign employee throughout the duration of the employment contract. 
• Copy of the signed and stamped employment contract or offer letter to prove the employee secured an offer of employment.
• It is recommended to provide a detailed rationale outlining why foreign talent is required. You can include this in a letter to the Immigration Department or include it clearly on your business plan if you are attaching it to the application.

The Application Process with Immigration Department & Timeline

To help you plan, you can find here the specific steps to go through for the employment visa application. 

1. Draft Contract & Recruitment Justification: 1–2 Weeks.

As an employer, you must prepare the employment contract, including points such as salary, benefits, job description, etc. If necessary, you will have to post local job adverts; there are multiple websites available where you can publish the position. Additionally, you must compile the sponsorship justification letter to have it ready for the Immigration Department, or if the company is a startup, you can prepare a business plan.

2. Online Application Submission via GovHK: Day 1 Submission.

Request the documents from the applicant and require him or her to complete the ID990A form.

Once the information is ready, submit Forms ID 990A and ID 990B alongside supporting documents to the Hong Kong Immigration Department via post or the online portal.

3. Immigration Department Processing & Requisition Queries: 4–6 Weeks.

Once you submit the application, the Immigration Department will review the case. They may issue formal queries requesting additional proof of company finances, for example, an audit report, or a business plan if this was not submitted. Other requests could also include previous local hiring attempts, proving the position could not be filled by local talent. 

4. e-Visa Issuance & Identity Card Registration: Post-Approval.

If the visa is approved, the Immigration Department will issue a notification of the successful application. Upon approval, you will have to pay the HK$230 fee online, and you will be able to check the visa status and/or download the e-Visa, which will also indicate the limit of stay in Hong Kong.

It is important to note that there is no need to go to the Immigration Department and obtain any physical visa or physical label to be affixed on a blank visa page; the electronic version will be valid for any further government application. The visa under the GEP will cover thirty-six months or the length of the employment contract.

5. Arrive in HK and register for a Hong Kong Identity Card (HKID) 

Once the applicant is notified and provided with the e-visa, the document will have a note of the period when the visa can be activated; for example, you can see the legend: “Good for a single journey to Hong Kong valid for presentation on or before....” Indicating the applicant can enter Hong Kong before or on that date to activate the visa. 

Upon arrival in Hong Kong, they can schedule an appointment to obtain their Hong Kong Identification Card with the Immigration Department. It is advisable to make the appointment in advance, as the Immigration Department might not have an available spot right away. As the Hong Kong ID is necessary to apply to obtain a personal bank account, lease an apartment, etc., you might be left a couple of weeks without the possibility to do so. Better prepare in advance.

Common Refusal Reasons of the Hong Kong Work Visa Application

 In our experience at Element 8 Consulting, there are several reasons or points that are common when receiving a refusal from the Immigration Department, which you can consider in advance and try to mitigate by providing the appropriate information.

• Top Reasons for Rejection:
• Weak employer financial standing (e.g., an audit report showing a major loss from the company.
• Vague job descriptions or salaries below local market standards (e.g., a salary for a potential manager with more than ten years of experience below 20,000HKD would not match the local market)
• Failure to prove the position could not be filled by local talent. If the position is not specific and can be filled by local talent, the Immigration Department will deny the visa. 
• Selecting the wrong type of visa. It is a common mistake that entrepreneurs founding a new company apply for an employment visa. The correct visa in this case should be an Investment as Entrepreneur.

As for newly formed companies with no operations, it is still possible to apply for an employment visa with the authority. However, the company must provide sufficient proof that it can support this applicant and will generate enough cash flow and profit to pay the salary. Element 8 Consulting can help you to prepare a strong business plan to support the application and review your finances to define if the application has any possibility of being successful. 

Renewal Rules for Employment Visa in Hong Kong

For individuals that obtained an employment visa is important to remember and mark in your agenda and electronic calendars the due date of the current working visa, as it usually has a length of twenty-four months. If the company and the employee intend that he or she stays in Hong Kong, they may apply for an extension of stay in Hong Kong within 90 days prior to visa expiry.

The visa holder must demonstrate continuous active employment and provide different proofs such as recent payslips, tax returns, and MPF contribution statements. It is also especially important to ensure the visa has not expired before you commence the application. 

Hong Kong Permanent Identity Card 

Individuals who reside in Hong Kong for no less than seven years are permanent residents and enjoy the right of abode. Both Chinese citizens and non-Chinese citizens may apply but must follow the eligibility criteria of the Right of Abode in the HKSAR. There are six categories under the criteria set out in paragraph 2 of Schedule 1 to the Immigration Ordinance

Once the application for the Right of Abode is approved, the resident can apply to obtain a Permanent Identity Card. A valid Hong Kong Permanent Identity Card is proof that the individual has the Right of Abode. 

Conclusion  

The General Employment Policy provides a predictable avenue for bringing top talent to stay and work in Hong Kong, but approval hinges on well-documented corporate sponsorship and local market justification.

If your Hong Kong business is in the process of hiring a foreign employee, contact Element 8 Consulting to audit the employee's eligibility, prepare the sponsorship package, and streamline the General Employment Policy visa submission with the Immigration Department. 

Frequently Asked Questions 

What are the requirements for a company to sponsor my work visa?

A business in Hong Kong may apply for an employment visa. It must prove a genuine job vacancy that cannot be filled locally, show active business operations with a local office, and offer market-rate remuneration. 

 How long does the Immigration Department take to process a GEP work visa?

The work visa application takes 4 to 8 weeks once all required candidate and employer documents are submitted to the Immigration Department.

Can my spouse work in Hong Kong under a Dependent Visa?

Yes. Spouses who relocate to Hong Kong can apply for a Dependent Visa. The spouse is also allowed, with this visa, to work in Hong Kong or start a business without additional work permits. 

Can I switch employers while holding an active employment visa?

Yes, but an Application for Change of Employment must be submitted to the Hong Kong Immigration Department and receive official approval before beginning work with your new employer.

Does a work visa count toward the 7-year Permanent Residency requirement?

Yes. Continuous ordinary residence in Hong Kong on an employment visa for seven consecutive years qualifies you to apply for Permanent Residency (Right of Abode).