Hong Kong Employment and Exact same Partner Visa – A Scenario Review

Our clients had been a identical sex spouse couple from Australia. Susan was a Forex trading trader doing work for a boutique trading worry in Sydney and her Existence Partner, Judith, owned and operated a tiny graphics layout firm.

Susan was a senor executive in her employer’s organisation and experienced been tasked with relocating to Hong Kong to create a new satellite operation in the HKSAR. Judith was arranging to accompany Susan for the period of her relocation which was scheduled to previous 3 many years.

There were three immigration issues connected with this specific project:

1 – The organization was to be recently established, meaning that the Hong Kong Immigration Office (“HKID”) would have to recognize the bona fides of the business from scratch as the sponsor-employer had no previous immigration profile.

two – The enterprise would be matter to rigid SFC licensing situations which would influence on the timing and availability of visa authorization for Susan.

3 – As non-conventional household, Judith would not be allowed a dependent visa which meant that special target would have to be put on the mother nature of the Existence Partnership which Judith and Susan appreciated to permit a extended visitor visa for Judith to accompany Susan in the course of her secondment to Hong Kong.

This necessitated 3 substantial sets of documentation difficulties.

FastLane HR experienced to closely coordinate with the blue chip law agency instructed to attend to the corporate establishment and SFC licensing apps, thus making sure the new Hong Kong enterprise as employer-sponsor would be ready to pass muster with the HKID.

We worked straight with Susan in gathering together the requisite data on her recent employer in Australia, for, as an inter firm transferee moving to a recently recognized company in the HKSAR, the Immigration Office would look intently at the bona fides of the Australian father or mother operation and take convenience from that profile to be pleased that, indeed, the recently proven business in Hong Kong would primarily be of the exact same ilk and calibre.

We also labored right with Judith who managed the workout of compiling the documentation substantiating the profoundly fully commited, loving character of her partnership with Susan AND the truth that her organization in Australia would have on in the course of their continue to be collectively in Hong Kong providing an independent indicates for Judith to lead to the value of their joint life even even though Susan would be serving the function of fiscal guarantor and sponsor for Judith’s home below.

Presented the relatively advanced nature of the circumstance and the very personalized, expert attributes of Susan and Judith themselves, the physical exercise of collecting the documentation was very simple. Even so, 3 position to notice can be made:

1 – The profitable SFC licensing of the two Susan and the new business in Hong Kong was a needed pre-condition for visa acceptance in the end. This signifies that the processes leading to these licenses had to commence Just before the software was submitted and expectations set that visas would be granted Following the consents experienced been finalised. It is unreasonable to count on the HKID to authorise employment for unlicensed businesses.

2 – There was a hen and egg type good quality to this scenario as the SFC license could only be granted to a man or woman with requisite Hong Kong immigration permissions and visas could only be granted in which SFC licensing was in area. Cautious timing and coordination of the software paperwork and interactions with the HKID ensured that this conundrum was eventually overcome.

3 – As it happened Judith and Susan each owned their personal residences in Australia, despite the fact that they experienced lived collectively in one particular of them for many many years. Therefore, they had been not able to show to the HKID joint house ownership or a household tenancy in equally of their names. Nevertheless, they had appointed every single other as the sole beneficiaries in their mutual wills some time beforehand and this truth, collectively with an array of other documentation which spoke to their evident existing cohabitation, household assistance for their partnership and Australia tax returns every indicating the other as in receipt of certain family tax benefits, served to overcome this lacuna in their paperwork.

Needless to say, equally cases ended up accepted, Susan acquired her employment visa and Judith her extended visitor visa.

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