Hong Kong Employment and Same Spouse Visa – A Scenario Examine


Our consumers were a identical sexual intercourse companion couple from Australia. Susan was a Fx trader working for a boutique investing worry in Sydney and her Life Associate, Judith, owned and operated a modest graphics style agency.

Susan was a senor govt in her employer’s organisation and experienced been tasked with relocating to Hong Kong to establish a new satellite procedure in the HKSAR. Judith was organizing to accompany Susan for the duration of her relocation which was scheduled to last three years.

There had been a few immigration difficulties related with this particular task:

one – The company was to be recently established, that means that the Hong Kong Immigration Section (“HKID”) would have to comprehend the bona fides of the business from scratch as the sponsor-employer experienced no earlier immigration profile.

2 – The organization would be subject to rigorous SFC licensing problems which would influence on the timing and availability of visa permission for Susan.

three – As non-standard loved ones, Judith would not be permitted a dependent visa which intended that specific concentrate would have to be placed on the mother nature of the Existence Partnership which Judith and Susan enjoyed to enable a prolonged customer visa for Judith to accompany Susan in the course of her secondment to Hong Kong.

This necessitated three significant sets of documentation issues.

We experienced to closely coordinate with the blue chip regulation organization instructed to show up at to the corporate institution and SFC licensing applications, thereby ensuring the new Hong Kong business as employer-sponsor would be ready to go muster with the HKID.

We worked immediately with Susan in collecting jointly the requisite details on her recent employer in Australia, for, as an inter company transferee transferring to a recently recognized enterprise in the HKSAR, the Immigration Division would search carefully at the bona fides of the Australian father or mother procedure and just take ease and comfort from that profile to be happy that, certainly, the newly set up enterprise in Hong Kong would in essence be of the same ilk and calibre.

We also labored straight with Judith who managed the exercise of compiling the documentation substantiating the profoundly dedicated, loving mother nature of her connection with Susan AND the reality that her enterprise in Australia would have on for the duration of their continue to be collectively in Hong Kong delivering an impartial means for Judith to lead to the price of their joint lives even although Susan would be serving the part of economic guarantor and sponsor for Judith’s home listed here.

Given the fairly innovative nature of the predicament and the very individual, professional characteristics of Susan and Judith them selves, the exercising of collecting the documentation was really simple. Nonetheless, three level to note can be created:

1 – The profitable SFC licensing of each Susan and the new firm in Hong Kong was a needed pre-situation for visa acceptance in the end. https://fastlanehr.hk/payroll-outsourcing/ means that the procedures foremost to these licenses experienced to start Just before the application was submitted and anticipations established that visas would be granted Right after the consents had been finalised. It is unreasonable to assume the HKID to authorise employment for unlicensed companies.

two – There was a chicken and egg type high quality to this scenario as the SFC license could only be granted to a individual with requisite Hong Kong immigration permissions and visas could only be granted where SFC licensing was in area. Watchful timing and coordination of the software paperwork and interactions with the HKID ensured that this conundrum was ultimately conquer.

3 – As it took place Judith and Susan every owned their possess homes in Australia, although they experienced lived jointly in one particular of them for numerous years. Consequently, they were unable to display to the HKID joint house possession or a residential tenancy in equally of their names. Even so, they had appointed each and every other as the sole beneficiaries in their mutual wills some time earlier and this fact, together with an array of other documentation which spoke to their evident current cohabitation, loved ones help for their relationship and Australia tax returns every indicating the other as in receipt of certain family members tax advantages, served to defeat this lacuna in their paperwork.

Needless to say, the two cases had been accepted, Susan got her work visa and Judith her extended customer visa.

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