Our customer was a French national with a wife and 5 year old daughter – all of them, French citizens.

He had initially arrived in Hong Kong in 2004 as being a college student to carry out an MBA system at the University of Hong Kong.

Upon graduation in 2006, he joined a Western purchase bank where he worked well continuously until 2010 when he was developed redundant as part of the financial challenges associated with the GFC.

At that time he instructed us, he experienced an work visa subsidized by his ex-using investment financial institution having a 2 calendar year period of stay endorsed inside his passport, taking him up just short of the complete 7 year time frame for the purposes of a software for the ideal of Abode.
In 2010, with the chances of him gaining further employment inside the investment banking game unlikely within the near term, our client made a decision to start up a French wine importing business – but failed to make an application for an adjustment in his Hong Kong Visa Agent to allow him to be able to do that. He really needed a smart investment visa but had never bothered to obtain one.

As the period of stay availed from the investment bank expired 6 weeks before he could have been continuously resident for your 7 years required for the right of Abode application, he decided which he would take him family from Hong Kong at that time his employment visa expired and provide all of them back in as visitors, gaining a 90 day time of stay once they entered, waited about 6 weeks, then submitted an application for the ideal of Abode.

This is in 2011, 2 weeks before he asked for our help.

At the time of his application, he didn’t realise which you can’t apply for the Right of Abode in case you have a visitor visa. You need to be ‘resident’ at that time you apply. Instead he along with his family were ‘visiting’. The Hong Kong Immigration Department knocked back his application for permanent residency with this ground therefore he found his way to us.

The key issues in this application were:

1 – the simple fact of his visitor visa status during the time he applied for the best of Abode.

2 – the 11 months he had been working his French wine import business, unapproved by the Hong Kong Immigration authorities.

3 – as a prior student from HKU he might take advantage as a ‘returning graduate’ and become afforded ‘positive consideration’ for any application which he might make so that you can take up a whole new job in Hong Kong (that he’d need a deal of employment from a suitably qualified sponsor).

Coincidentally, just after our client approached us for advice, an ex-colleague of his from your investment bank where he had worked for four years previously, asked him ahead and consult with an energy project inside the Philippines.

This ex-colleague had, 36 months prior, provided consulting services through his very own, newly established one-man company along with turned over HKD10 million in consulting fees inside the first eighteen months. However, the project had visit a short-term halt, because these things often do, as certain government approvals processes played themselves out.

The project has been around a temporary hiatus but had, just recently, been reactivated considering the Philippines government providing whatever consents was necessary for it to succeed to another phase.

Consequently, and somewhat out from the blue, our client received a deal of employment from his ex-colleague for him to aid him over the following phase from the energy project.

This is fantastic news on the one hand, but around the other, the employing business was still significantly a ‘brass plaque’ consulting concern that had been effectively dormant for the past eighteen months.

On the plus side, it experienced a strong balance sheet and in addition enjoyed a receipt from the Hong Kong Inland Revenue for over HKD1 million it had paid in profits tax the entire year before. It also had a formal notification from its sole client the energy project was now recommencing and therefore was manifestly prepared to re-engage in providing services once again.

We advised our client that this might be a heaven sent chance of us to secure an employment visa for him (with dependent visas for his wife and daughter) relying on the relaxed application consideration criteria that the Hong Kong Visa Agent manage to non local graduates of Hong Kong Universities.

We did, alternatively, counsel that as the sponsoring employer was virtually still a shell of your operation, there would be some tussling with the Immigration Department to persuade them of its bona fides as a quality employment visa sponsor.

As expected, we locked horns with all the Department about the standard of the sponsor along with several exchanges together every time providing all of them with additional information, evidence of the best prospects for your business and also the critical role our client was going to be playing in the operations.

Finally, we suggested to the HKID which they approve our client’s employment visa subjected to Business Review at the conclusion of 12 months, a not unusual proposition, but suitable within the circumstances. The Hong Kong Immigration Department agreed and our client and his awesome family’s applications were duly approved subject to this disorder.

Since the strategy all along had been to provide our client using a residence visa for that purposes of his Right of Abode application, the fact with this Business Review was ultimately unimportant since it would only enter in to yqjfbx if our client requested an extension to his new employment visa 12 months later on.

In fact, sixty days following this, their Right of Abode applications were approved therefore Business Review has never been a concern. The truly fantastic news is the fact that this client is now providing consulting services for the energy project AND running his French wine importing business quite lawfully being a permanent resident.

Hong Kong Visa Consultant..

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