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You may be a director, shareholder or an employee of a company which is not incorporated in Hong Kong but thinking about the possibility of setting up shop here.

In such a case, is it possible for the overseas incorporated entity to sponsor employment or business investment visa permissions for one of their officers or staff to  work in Hong Kong?

The answer is very much a case of “it depends”:

-          It depends if the entity has organised itself to carry on a business here by registering with the Registrar of Companies as a Part Eleven company and secured a business registration certificate from the Commissioner of Inland Revenue.

-          It depends on what the Immigration Department make of the legal and financial constructs of that enterprise when assessing the overseas’ company’s credentials as a valid sponsor of visa permissions for foreign national staff, officers and shareholders.

-          It depends on whether or not the proposed business activity bringing the foreign corporation to Hong Kong will be able to make a substantial contribution to our economy.

-          And it depends on the business need for, and the special skills, knowledge and experience of, the foreign national proposed for sponsorship of Hong Kong employment or investment visa permissions.

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