Visas and Work Permits 9 min

Work permits and visas in Hong Kong: an employer’s guide

Written by Sally Flaxman
Feb 14, 2024
Sally Flaxman

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Whether you decide to hire an employee in Hong Kong or want to help an existing team member move there, you’ll have to make sure they have the legal right to work in the country. You also have to sort out the correct work permits and visas in full compliance with local immigration laws. Failing to do so might land you in serious financial or legal trouble. 

To minimize legal risks and the hassle of hiring abroad, many employers choose to work with an employer of record (EOR). An EOR like Remote handles everything from benefits and international taxes to payroll and compliance, making global hiring quick and seamless.

In this guide, we’re going to take you through the various types of work permits available in Hong Kong, eligibility requirements and processes, and how Remote can help you comply with local regulations.

The importance of immigration compliance in Hong Kong

With the rise of remote working and digital nomadism, governments around the world have begun enforcing existing laws about visitors working illegally with proper visas. In many countries, it’s illegal for individuals to work on a tourist visa or without a visa or work permit.

There are both legal and financial implications for both the employer and employee if they are caught performing or allowing illegal work.

  • If a company employs someone who is not lawfully employable, the employer may be penalized with a fine of up to $500,000 USD and a prison term of up to 10 years.

  • If an employer fails to inspect the worker's Hong Kong identity card or valid travel and work documents, the company may be penalized with a fine of up to $150,000 USD and a prison term of up to one year.

  • If an employee is working in Hong Kong without a valid work visa sponsored by their employer, the employee may be penalized with a fine of up to $50,000 USD, a prison term of up to three years, and possible deportation.

Which workers need a right-to-work check in Hong Kong?

Hong Kong law mandates employers to take every practical step to establish the lawful employment status of a prospective or current employee who plans to reside in Hong Kong while working. 

Anyone who holds a Hong Kong permanent identity card is lawfully employable. These cards can be distinguished from non-permanent identity cards by the statement printed on the back of permanent identity cards: “The holder of this card has the right of abode in Hong Kong.”

If the candidate does not possess a Hong Kong permanent identity card, the employer must then inspect the candidate's valid travel document to ensure their legal right to work in Hong Kong. If the individual does not hold a visa or work permit that specifically allows employment, the employer must not hire or employ them until or unless the individual receives such a visa. 

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Do non-citizens need a work visa or work permit in Hong Kong?

Anyone who does not possess a Hong Kong permanent identity card must have a valid work visa to perform any work in Hong Kong, remote or otherwise.

What are the eligibility requirements for a work visa in Hong Kong?

Obtaining work visas in Hong Kong can be challenging because companies generally fill job openings in Hong Kong with local talent. However, there are some circumstances in which a non-citizen can legally work in Hong Kong. 

General Employment Policy (GEP)

Under Hong Kong's General Employment Policy (GEP), any individual who possesses special skills, knowledge, or experience that is both of value to and not readily available in Hong Kong is allowed to apply for jobs.

Eligibility requirements

If you seek to employ an individual who wishes to reside and work in Hong Kong, the candidate or employee must apply for a work visa under the GEP. To obtain the necessary documentation and approval to work, the individual must meet the following requirements:

  • The individual must have a decent educational background, which usually refers to a graduate degree in a field relevant to the position. However, in certain circumstances, the Hong Kong government may also accept excellent technical qualifications, documented achievements, job experience, and/or proven professional abilities.

  • There must be a genuine job vacancy.

  • The individual must have a confirmed offer of employment for a job that is relevant to their education or work experience for which there is no local professional who can fill the specific job opening or position.

  • The job must provide remuneration, benefits, and work conditions that are comparable to local Hong Kong standards.

What are the long-stay visa types in Hong Kong?

The two pertinent long-term visa types in Hong Kong are the work visa and the family reunification visa, which we will detail below.

Work visa

There are several subcategories under which applicants may apply for the Hong Kong work visa. 

Quality Migrant Admission Scheme (QMAS)

The Quality Migrant Admission Scheme (QMAS) is a quota-based entrant scheme aimed at attracting highly skilled individuals whose talents can benefit Hong Kong's economy. QMAS does not require successful applicants to have a confirmed local job offer before entering Hong Kong. Applicants must satisfy certain prerequisites before being considered. Then they can earn points under either the General Points Test or the Achievement-Based Points Test, which allows them to compete with other applicants. 

The QMAS scheme allows for 4,000 individuals in the fields of information technology (IT), financial services, legal services, or creative services. 

Technology Talent Admission Scheme (TechTAS)

The Technology Talent Admission Scheme (TechTAS) allows eligible companies to fast-track the admission of non-local tech employees to perform research and development (R&D) in Hong Kong. If the Innovation and Technology Commission (ITC) allows a company a quota, the quota is valid for 12 months, during which the company can sponsor an eligible employee to apply for a work visa. 

Investment as Entrepreneurs 

Also known as the self-employment visa, the Investment as Entrepreneurs scheme is designed for individuals who wish to enter Hong Kong and establish or join a business. These applicants must be in a position to contribute substantially to Hong Kong's economy.  

Dependent visa

Approved work visa applicants can apply to bring their spouse and any unmarried dependent children under the age of 18 to Hong Kong 

How do you get a work visa for Hong Kong?

The individual applying for the Hong Kong work permit must provide the Immigration Department with the following documentation:

The employer must provide the following documentation:

  • Completed Application for Employing Professionals in Hong Kong (Form ID 990B)

  • A copy of the employment contract or a letter of appointment, including information about the job position, salary, benefits, and employment periods

  • A copy of the company's Business Registration Certificate

  • A copy of the company's proof of financial standing, such as the latest tax return, trading profit and loss account, or audited financial report

  • Documents containing information about the company's background, which may include:

    • Mode of operation

    • Business activities

    • Product ranges, markets, and sources

    • Chamber of Commerce membership, if applicable

    • Documentary evidence such as brochures, catalogs, etc.

  • If the company was formed within the previous 12 months, the employer must also provide detailed business and financial information.

Important note: If the employer successfully obtained an employment or training visa or entry permit for a non-local employee in the prior 18 months, the above-mentioned company documents do not need to be submitted.

What is the process for employee work visa sponsorship in Hong Kong?

Every foreign national who plans to work in Hong Kong must be sponsored by their employer. The work visa allows the approved non-citizen to work only for their sponsoring employer in Hong Kong. If the individual wishes to work for another company, the Hong Kong Immigration Department (HKID) must give prior approval. 

To sponsor an individual for a work visa in Hong Kong, the applicant and the employer must gather their respective required documentation (in English or Chinese) as outlined in the previous section. Once they have prepared the required documentation, they will apply the HKID. 

The standard processing time for a Hong Kong work visa is approximately two to three months from submission. 

What are the visa requirements for digital nomads in Hong Kong?

There is no specific visa for digital nomads or remote workers in Hong Kong. 

How Remote makes compliance in Hong Kong so much easier

It can be stressful when a team member decides to relocate internationally. There are many moving parts to juggle — immigration, visas, payments in the local currency, employment laws, and legal compliance. 

As an employer of record (EOR) with a local business entity in Hong Kong, Remote handles multiple facets of global hiring including compliance, payroll, benefits management, and more. Remote’s team of employment experts has localized expertise in employment laws, immigration regulations, and international taxes, and can offer you guidance and support while hiring abroad.

Download Remote's Relocation Guide for further insights on how you can make the relocation process seamless. For questions about sponsorship options for employees abroad, you can contact our Mobility team today! 

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