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Will what has been done before impact on a Hong Kong Prolonged Visitor Visa out of policy application now?

QUESTION

I have a general question regarding conditions of stay for a Hong Kong prolonged visitor visa.

On the Hong Kong Immigration website it says:

“Subject to the following conditions of stay:

(a) he shall not take any employment, whether paid or unpaid:

(b) he shall not establish or join in any business; and

(c) he shall not become a student at a school, university or other education institution. “

Does being owner of a business fall into one of these categories ? 

Considering that  the company was incorporated in Hong Kong by other persons a few years ago, and bought before applying for such visa ?

ANSWER

Really good question, and I’m grateful for you having raised it in the way that you have.

Given that your acquisition of this business interest occurred at a time when you were not in breach of your conditions of stay, assuming that, at all times, this business was acquired when you were not in Hong Kong, and therefore the issue of your immigration status at the time that you acquired the business doesn’t come into play.

The principal issue at play in this regard, then, is what will the Immigration Department make of the fact that you have an interest in the business at the point of you being granted a prolonged visitor visa? Because if you’re involved in the business operationally and intend to be involved in the business operationally while you’re in possession of a prolonged visitor visa, that will certainly be a breach of your conditions of stay upon the grant of a prolonged visitor visa, assuming, of course, that the Immigration Department give you one because it is an out of policy act of discretion to grant such a visa in the first place.

So, effectively, assuming that you’re going to disclose what your interests are, what your financial circumstances are as part of your prolonged visa application, then your interest in this business in Hong Kong will be disclosed to the Immigration Department and you’ll have to make certain representations in relation to it.

The Immigration Department will be concerned that if you’re going to play an operational role in the business, as I say, as a prolonged visitor, you’ll be breaching your conditions of stay. So you’ll need to tread very carefully in how you articulate your argument to the Immigration Department, so that they can be satisfied that if they do effect a positive act of discretion in your favour and they do grant you a prolonged visitor visa, they have no concerns about you breaching those conditions by then, immediately, in a sense, walking across town and then taking care of the business, as it were, a business, in this instance, that you acquired before your question of immigration status ever came into play.

So I don’t think you’ve got any issues at all to be concerned about in respect to how you acquired your business interest, prior to making this application for a prolonged visa visa. But it’s certainly in your best interest to disclose the fact of your interest in that business to the Immigration Department so that they can then take it into consideration when determining if they should make that out of policy determination to grant you the prolonged visitor visa that you’re looking for.

Okay. I hope you found this useful.

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