Hong Kong Employment Hong Kong visa – The particular Case Example

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There are about granted each and every calendar year. Every single a single of these applications is unique with its personal specific attributes and situation.

Consequently the application of the approvability take a look at for authorization to operate in the HKSAR, clearly, differs from case to circumstance. The take a look at for acceptance spots a burden on the applicant to display that he or she possesses special expertise understanding or encounter of value to and not readily available in Hong Kong. Additionally, the proposed sponsoring employer has to show it is justified in partaking the solutions of the expatriate applicant as opposed to a ‘local person’ (described as any local resident who does not need the acceptance of the Immigration department to just take up that task.)

Nevertheless, in purchase to lose a minor light on how the examination can be applied by way of an exception which proves the rule, I do have 1 circumstance illustration which serves to illustrate not only how the approvability take a look at is used in exercise but also how the Immigration Division are prepared to accept a well articulated argument that, after the specifics have been completely assessed and appreciated, merely adds up and will guide to the considerably preferred Hong Kong work visa approval.

Our client was just 19. He was Japanese and the son of an eel farmer. He had only a large school graduate diploma to his name but experienced been working on the loved ones eel farm from a extremely early age. His father’s family members organization was element of a nearby fish farming cooperative which had manufactured an arrangement to offer technical and assist solutions to a newly set up eel farming concern just above the border from Hong Kong, in the SAR of Shenzhen.

The intention was, in because of course, for our client’s cooperative in Japan and the Shenzhen eel farming business to work with each other in supplying the best high quality eel goods to the Japanese market. The shortage of appropriate land in Japan meant that the cooperative was lacking out on large volume provide possibilities at the correct quality to Japanese consumers who merely need the greatest create.

The cooperative as a result established a subsidiary entity in the HKSAR with the plan to satisfy their technical and advisory responsibilities to the Shenzhen eel farm from inside Hong Kong. This would include commuting throughout the border to check out the China facility each working day, laying the floor for a quite tax-productive cross-border buying and selling company with Hong Kong controlling the export operations when good quality solution in the appropriate quantity could be equipped ex Shenzhen into the Japanese marketplace.

For that reason, our 19-12 months-aged shopper was appointed as the Registered Consultant in the HKSAR for the Japanese cooperative and dispatched to HK to oversee the Shenzhen eel farm in pursuit of the agreement between the Japanese and Chinese parties.

We had been approached by the 19 yr outdated for suggestions on his employment visa situation and, to begin with, we ended up quite skeptical. At first blush it could not be explained that there was an approvable visa prospect in this case with its very uncommon situations. The applicant was quite young had only minimal formal educations had absolutely nothing special about him for every se, past the reality that he experienced a solid family link to the president of the regional cooperative (his father).

On the plus facet he was studying (and picking up really swiftly) Cantonese but his English was extremely constrained. Furthermore, he was adequately liable and capable enough to be entrusted with the implementation of the technical tips into the Shenzhen procedure which was, following all, slowly coming great.

An additional problem was that the sum of funds dedicated to the Hong Kong side of the venture was really modest all instructed as it was planned that only after the specialized challenges experienced been definitively dealt with would genuinely substantial expense be injected to scale the operations on each sides of the Hong Kong/Shenzhen boundary.

For that reason, when you combine youth, limited education, absence of language expertise and only modest funding for the Hong Kong side of the equation (and also that the farm alone is in China, not in the HKSAR) we were not quite hopeful that an employment visa for his in these situation could in reality be accepted.

So we rolled our sleeves up and questioned him at length about what, in fact, was so unique about him and his appointment to the project over and above 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 everyone possesses.

This esoteric skill is akin to chicken sexing. Namely, when handling a juvenile eel from a cohort of the freshly hatched, it is feasible to innately recognize from the power and way in the way that they flick their tails whether or not the genetic make-up of that batch is very likely to increase out to industry bodyweight within the suitable manufacturing time frames. When held in the palm of the hand, the viability of this kind of juveniles can be assessed appropriately and this ability is a important component of the technology transfer arrangements which underpinned the collaboration among Japan and Shenzhen – and our customer had it!

In the pursuit of our client’s application, we presented the Hong Kong Immigration Department with all of the information and educational papers attesting to this phenomenon which was, albeit unusual, fully real. To their credit, the Hong Kong ID recognized the argument and accepted our client’s visa.

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