Hong Kong Work Visa – This Circumstance Illustration
There are about 15,000 Hong Kong employment visas granted each yr. Each a single of these apps is distinctive with its personal particular qualities and situation.
Consequently the application of the approvability check for authorization to operate in the HKSAR, obviously, differs from scenario to situation. The examination for approval spots a load on the applicant to demonstrate that he or she possesses unique capabilities knowledge or encounter of worth to and not conveniently available in Hong Kong. In addition, the proposed sponsoring employer has to demonstrate it is justified in partaking the solutions of the expatriate applicant as opposed to a ‘local person’ (described as any neighborhood resident who does not require the acceptance of the Immigration department to just take up that work.)
Even so, in order to get rid of a tiny mild on how the check can be used by way of an exception which proves the rule, I do have 1 scenario case in point which serves to illustrate not only how the approvability check is used in exercise but also how the Immigration Department are well prepared to take a well articulated argument that, once the details have been entirely assessed and appreciated, merely adds up and will lead to the considerably desired Hong Kong work visa acceptance.
Our consumer was just 19. He was Japanese and the son of an eel farmer. He had only a substantial school graduate diploma to his identify but experienced been doing work on the loved ones eel farm from a extremely early age. His father’s family members company was element of a local fish farming cooperative which had manufactured an arrangement to provide technological and assist providers to a newly established eel farming concern just more than the border from Hong Kong, in the SAR of Shenzhen.
The intention was, in owing course, for our client’s cooperative in Japan and the Shenzhen eel farming organization to perform jointly in giving the very best top quality eel items to the Japanese industry. The shortage of suited land in Japan meant that the cooperative was missing out on higher quantity source possibilities at the proper quality to Japanese consumers who simply demand the greatest produce.
The cooperative for that reason established a subsidiary entity in the HKSAR with the prepare to fulfill their technical and advisory duties to the Shenzhen eel farm from in Hong Kong. This would require commuting across the border to visit the China facility every working day, laying the ground for a really tax-successful cross-border investing enterprise with Hong Kong handling the export operations as soon as top quality product in the right quantity could be provided ex Shenzhen into the Japanese market place.
For that reason, our 19-yr-outdated shopper was appointed as the Registered Agent in the HKSAR for the Japanese cooperative and dispatched to HK to oversee the Shenzhen eel farm in pursuit of the agreement in between the Japanese and Chinese get-togethers.
We had been approached by the 19 yr previous for tips on his work visa scenario and, at first, we were quite skeptical. At FastLane HR blush it could not be stated that there was an approvable visa possibility in this scenario with its highly uncommon conditions. The applicant was quite younger had only restricted official educations had nothing particular about him for each se, beyond the fact that he had a strong loved ones connection to the president of the neighborhood cooperative (his father).
On the additionally aspect he was understanding (and choosing up very quickly) Cantonese but his English was really minimal. Additionally, he was sufficiently accountable and able sufficient to be entrusted with the implementation of the specialized suggestions into the Shenzhen procedure which was, after all, slowly coming great.
Another issue was that the quantity of funds dedicated to the Hong Kong aspect of the undertaking was fairly modest all advised as it was prepared that only following the specialized challenges had been definitively dealt with would genuinely significant investment be injected to scale the operations on equally sides of the Hong Kong/Shenzhen boundary.
Consequently, when you blend youth, constrained schooling, lack of language skills and only modest funding for the Hong Kong facet of the equation (and also that the farm by itself is in China, not in the HKSAR) we ended up not very hopeful that an work visa for his in these situation could in reality be accredited.
So we rolled our sleeves up and questioned him at size about what, in truth, was so specific about him and his appointment to the undertaking past the reality that he was the son of the president of the cooperative. To our shock, we uncovered about an inherent skill to eel farming that not absolutely everyone possesses.
This esoteric talent is akin to chicken sexing. Specifically, when managing a juvenile eel from a cohort of the newly hatched, it is achievable to innately value from the power and method in the way that they flick their tails regardless of whether or not the genetic make-up of that batch is most likely to increase out to market place excess weight inside of the satisfactory manufacturing time frames. When held in the palm of the hand, the viability of this kind of juveniles can be assessed appropriately and this talent is a essential portion of the technological innovation transfer preparations which underpinned the collaboration among Japan and Shenzhen – and our shopper had it!
In the pursuit of our client’s software, we supplied the Hong Kong Immigration Section with all of the information and educational papers attesting to this phenomenon which was, albeit strange, fully accurate. To their credit history, the Hong Kong ID acknowledged the argument and approved our client’s visa.