Hong Kong Work and Identical Companion Hong Kong visa – A Case Review

Our clientele ended up a exact same sexual intercourse partner couple from Australia. Susan was a Fx trader operating for a boutique buying and selling concern in Sydney and her Existence Spouse, Judith, owned and operated a small graphics design firm.

Susan was a senor executive in her employer’s organisation and had been tasked with relocating to Hong Kong to set up a new satellite operation in the HKSAR. Judith was planning to accompany Susan for the length of her relocation which was scheduled to previous three years.

There had been three immigration challenges related with this certain venture:

1 – The business was to be freshly set up, indicating that the Hong Kong Immigration Section (“HKID”) would have to comprehend the bona fides of the enterprise from scratch as the sponsor-employer experienced no prior immigration profile.

2 – The business would be subject matter to rigid SFC licensing problems which would impact on the timing and availability of visa permission for Susan.

3 – As non-conventional family members, Judith would not be permitted a dependent visa which intended that special target would have to be put on the mother nature of the Life Partnership which Judith and Susan liked to enable a prolonged visitor visa for Judith to accompany Susan during her secondment to Hong Kong.

This necessitated three appreciable sets of documentation problems.

We experienced to closely coordinate with the blue chip legislation organization instructed to attend to the company establishment and SFC licensing programs, thus ensuring the new Hong Kong business as employer-sponsor would be in a position to pass muster with the HKID.

We labored immediately with Susan in accumulating jointly the requisite data on her current employer in Australia, for, as an inter business transferee relocating to a newly proven company in the HKSAR, the Immigration Division would seem closely at the bona fides of the Australian parent procedure and just take comfort and ease from that profile to be happy that, without a doubt, the newly set up company in Hong Kong would in essence be of the identical ilk and calibre.

We also worked straight with Judith who managed the workout of compiling the documentation substantiating the profoundly fully commited, loving nature of her partnership with Susan AND the simple fact that her organization in Australia would carry on in the course of their keep together in Hong Kong delivering an independent implies for Judith to add to the price of their joint lives even even though Susan would be serving the part of monetary guarantor and sponsor for Judith’s residence listed here.

Given the reasonably advanced mother nature of the predicament and the very individual, skilled qualities of Susan and Judith by themselves, the physical exercise of gathering the documentation was really simple. However, fastlanehr.hk/payroll-outsourcing/ to note can be manufactured:

one – The successful SFC licensing of equally Susan and the new organization in Hong Kong was a required pre-situation for visa approval ultimately. This means that the processes foremost to these licenses had to begin Prior to the application was submitted and expectations set that visas would be granted Soon after the consents experienced been finalised. It is unreasonable to anticipate the HKID to authorise work for unlicensed firms.

two – There was a hen and egg kind good quality to this scenario as the SFC license could only be granted to a person with requisite Hong Kong immigration permissions and visas could only be granted where SFC licensing was in spot. Mindful timing and coordination of the software paperwork and interactions with the HKID ensured that this conundrum was ultimately defeat.

3 – As it occurred Judith and Susan every owned their own properties in Australia, although they experienced lived with each other in one particular of them for numerous several years. For that reason, they ended up unable to demonstrate to the HKID joint residence ownership or a household tenancy in both of their names. Nonetheless, they experienced appointed every other as the sole beneficiaries in their mutual wills some time earlier and this reality, collectively with an array of other documentation which spoke to their apparent recent cohabitation, loved ones assistance for their connection and Australia tax returns each indicating the other as in receipt of specified loved ones tax benefits, served to get over this lacuna in their paperwork.

Useless to say, equally instances ended up approved, Susan got her work visa and Judith her prolonged visitor visa.

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