Hong Kong Employment and Exact same Partner Visa for Hong Kong – A Situation Study

Our clients had been a exact same sex spouse pair from Australia. Payroll Services was a Forex trading trader functioning for a boutique buying and selling issue in Sydney and her Life Companion, Judith, owned and operated a little graphics design and style organization.

Susan was a senor govt in her employer’s organisation and experienced been tasked with relocating to Hong Kong to establish a new satellite procedure in the HKSAR. Judith was organizing to accompany Susan for the period of her relocation which was scheduled to last three years.

There had been 3 immigration difficulties connected with this distinct venture:

1 – The organization was to be newly proven, that means that the Hong Kong Immigration Division (“HKID”) would have to realize the bona fides of the company from scratch as the sponsor-employer experienced no preceding immigration profile.

2 – The business would be subject to rigid SFC licensing circumstances which would influence on the timing and availability of visa authorization for Susan.

three – As non-traditional household, Judith would not be authorized a dependent visa which intended that particular concentrate would have to be put on the character of the Life Partnership which Judith and Susan appreciated to allow a extended visitor visa for Judith to accompany Susan for the duration of her secondment to Hong Kong.

This necessitated 3 appreciable sets of documentation issues.

We experienced to closely coordinate with the blue chip legislation firm instructed to go to to the company institution and SFC licensing apps, thus ensuring the new Hong Kong business as employer-sponsor would be capable to go muster with the HKID.

We worked right with Susan in gathering jointly the requisite data on her recent employer in Australia, for, as an inter organization transferee shifting to a freshly set up enterprise in the HKSAR, the Immigration Section would appear closely at the bona fides of the Australian parent operation and just take comfort and ease from that profile to be happy that, indeed, the freshly proven business in Hong Kong would in essence be of the identical ilk and calibre.

We also labored right with Judith who managed the physical exercise of compiling the documentation substantiating the profoundly fully commited, loving mother nature of her relationship with Susan AND the fact that her enterprise in Australia would have on throughout their keep collectively in Hong Kong providing an unbiased signifies for Judith to contribute to the price of their joint lives even however Susan would be serving the part of financial guarantor and sponsor for Judith’s residence listed here.

Given the reasonably advanced mother nature of the predicament and the extremely individual, specialist qualities of Susan and Judith by themselves, the exercise of gathering the documentation was fairly easy. Even so, a few stage to observe can be produced:

1 – The effective SFC licensing of both Susan and the new organization in Hong Kong was a essential pre-issue for visa acceptance in the end. This means that the procedures major to these licenses had to commence Just before the software was submitted and expectations set that visas would be granted Following the consents had been finalised. It is unreasonable to count on the HKID to authorise work for unlicensed businesses.

2 – There was a chicken and egg variety high quality to this situation as the SFC license could only be granted to a person with requisite Hong Kong immigration permissions and visas could only be granted in which SFC licensing was in area. Mindful timing and coordination of the software paperwork and interactions with the HKID ensured that this conundrum was in the end overcome.

three – As it occurred Judith and Susan each owned their possess residences in Australia, despite the fact that they experienced lived with each other in 1 of them for several a long time. Consequently, they had been unable to display to the HKID joint home ownership or a household tenancy in each of their names. Nonetheless, they experienced appointed each other as the sole beneficiaries in their mutual wills some time formerly and this reality, collectively with an array of other documentation which spoke to their apparent present cohabitation, family assistance for their partnership and Australia tax returns each indicating the other as in receipt of specific family members tax advantages, served to defeat this lacuna in their paperwork.

Pointless to say, both circumstances were authorized, Susan received her employment visa and Judith her prolonged customer visa.