Our client was a French national with a wife and 5 years old daughter – all of them, French citizens.
He had initially arrived in Hong Kong in 2004 being a college student to carry out an MBA system at the College of Hong Kong.
On graduation in 2006, he joined a European purchase financial institution in which he worked continuously until 2010 as he was made unnecessary included in the banking difficulties associated with the GFC.
At that time he directed us, he experienced an employment visa subsidized by his ex-employing investment bank using a 2 year duration of remain endorsed inside his passport, taking him up just lacking the whole 7 calendar year time frame for the purposes of an application for the ideal of Home.
In 2010, with the probability of him gaining further employment within the investment banking game unlikely inside the near term, our client decided to start a French wine importing business – but failed to submit an application for an adjustment in his Visa Consultant In HK to enable him to be able to do this. He really needed an investment visa but had never bothered to obtain one.
As the period of stay availed from the investment bank expired 6 weeks before he might have been continuously resident for your 7 years necessary for a Right of Abode application, he decided that he would take him family from Hong Kong at that time his employment visa expired and provide every one of them back in as visitors, gaining a 90 day duration of stay once they entered, waited about 6 weeks, then submitted an application for the best of Abode.
It was in 2011, 2 weeks before he requested our help.
During the time of his application, he didn’t realise that you simply can’t apply for the ideal of Abode for those who have visitors visa. You should be ‘resident’ at the time you are applying. Instead he along with his family were ‘visiting’. The Hong Kong Immigration Department knocked back his application for permanent residency about this ground and so he found his way to us.
The real key issues in this particular application were:
1 – the fact of his visitor visa status during the time he applied for the ideal of Abode.
2 – the 11 months he have been working his French wine import business, unapproved from the Hong Kong Immigration authorities.
3 – being a prior student from HKU he could take advantage being a ‘returning graduate’ and become afforded ‘positive consideration’ for just about any application which he could make to be able to take up a brand new job in Hong Kong (for which he’d need a deal of employment coming from a suitably qualified sponsor).
Coincidentally, just after our client approached us for advice, an ex-colleague of his through the investment bank where he had worked for four years previously, asked him to come and consult with an energy project in the Philippines.
This ex-colleague had, 3 years prior, provided consulting services through their own, newly established one-man company and had turned over HKD10 million in consulting fees in the first eighteen months. However, the project had arrived at a short-term halt, since these things often do, as certain government approvals processes played themselves out.
The project has been around a temporary hiatus but had, recently, been reactivated considering the Philippines government providing whatever consents was required for it to progress to the next phase.
Consequently, and somewhat from the blue, our client received a deal of employment from his ex-colleague for him to assist him in the next phase in the energy project.
This was fantastic news on the one hand, but in the other, the employing business was still greatly a ‘brass plaque’ consulting concern that have been effectively dormant for the last eighteen months.
Around the plus side, it experienced a strong balance sheet as well as enjoyed a receipt from your Hong Kong Inland Revenue for over HKD1 million it had paid in profits tax the entire year before. In addition, it experienced a formal notification from its sole client the energy project was now recommencing and so was manifestly prepared to re-engage in providing services once again.
We advised our client that this might be a heaven sent opportunity for us to secure an employment visa for him (with dependent visas for his wife and daughter) counting on the relaxed application consideration criteria in which the Visa Consultant In HK manage to non local graduates of Hong Kong Universities.
We did, on the other hand, counsel that as the sponsoring employer was basically still a shell of the operation, there could be some tussling using the Immigration Department to persuade them of its bona fides being a quality employment visa sponsor.
As expected, we locked horns using the Department about the quality of the sponsor and had several exchanges together each and every time providing all of them with more details, proof of the good prospects for the business and the critical role our client would be playing in its operations.
Finally, we suggested towards the HKID they approve our client’s employment visa subjected to Business Review after 12 months, a not unusual proposition, but suitable in the circumstances. The Hong Kong Immigration Department agreed and our client along with his family’s applications were duly approved subjected to this condition.
Because the strategy all along had been to provide our client with a residence visa for your purpose of his Right of Abode application, the actual fact of the Business Review was ultimately unimportant because it would only come into yqjfbx if our client requested an extension to his new employment visa 12 months down the road.
In reality, sixty days after that, their Right of Abode applications were approved therefore Business Review was never a concern. The really great news is that this client has become providing consulting services to the energy project AND running his French wine importing business quite lawfully as a permanent resident.