Mainland Chinese does not automatically qualify to apply for an Investment or Employment Visa to Hong Kong. Mainland Chinese is required first to reside overseas (other than Hong Kong, Macau and Mainland China) for at least 12 months immediately before submission of an Investment or Employment Visa application. Otherwise the investment or employment visa application will not be accepted. Please refer to our section "Company or Employee" for details of an investment or employment visa application.
For those Mainland Chinese graduates who have been studying for degree level courses in any universities in Hong Kong, they can also apply for an Employment Visa directly to Hong Kong Immigration Department provided they have secured positions offered by an established company immediately after their graduation. They have to fulfill the rest of the requirements for an employment visa application.
Mainland Talents and Professionals Scheme is designed for those professional people who have been residing in Mainland China. As a normal employment visa application for Mainland Chinese requires them to reside overseas for at least 12 months, so this scheme is similar to a normal employment visa application but for those Mainland Chinese who has not fulfilled the 12 months overseas residency requirement.
The scheme requires applicants possess special skill and experience in the specific area which is relevant to the position offered. The positions should be of a managerial or supervisory level; meanwhile the employing company is required to proof that they cannot possibly find a local candidate to fill up such position. The key consideration of the scheme is what benefits the Mainland Chinese employee could bring to the local company and subsequently to Hong Kong as a whole.
The establishment of the employing company will also affect the application. Generally speaking the longer the history and the larger in size of the employing company, the less questions will be asked about the company. For a newly established company of less than 18 months operation, and employing less than 4 staff, immigration might even ask for a business plan, and also personal information of the business owners.
Mainland Talents and Professionals Scheme is originally designed for employing Mainland Chinese employees, but not for Mainland Chinese business owners who would like to set up their operation in Hong Kong. However, under special circumstances, business owners might also qualify for the scheme.
Please contact us for a preliminary assessment.