Our client was a French national with a wife and 5 year-old daughter – all of them, French citizens.
He experienced initially showed up in Hong Kong in 2004 being a college student to undertake an MBA system on the College of Hong Kong.
On graduating in 2006, he became a member of a European investment financial institution in which he worked well continuously until 2010 as he was developed redundant included in the banking difficulties associated with the GFC.
At the time he directed us, he had an employment visa sponsored by his ex-using purchase financial institution having a 2 calendar year time of stay endorsed within his passport, taking him up just short of the whole 7 year time period for the purposes of an application for the best of Abode.
In 2010, with the probability of him gaining further employment within the investment banking game unlikely inside the near term, our client decided to begin a French wine importing business – but did not make an application for an adjustment in his Hong Kong Visa Agent to allow him in order to do this. He really needed an investment visa but had never bothered to obtain one.
Since the duration of stay availed by the investment bank expired 6 weeks before he might have been continuously resident for that 7 years required for a Right of Abode application, he decided that he would take him family away from Hong Kong at that time his employment visa expired and bring all of them back in as visitors, gaining a 90 day period of stay once they entered, waited 6 weeks, then submitted a software for the ideal of Abode.
This was in 2011, 2 weeks before he asked for our help.
During the time of his application, he didn’t realise that you can’t apply for the best of Abode for those who have visitors visa. You have to be ‘resident’ at that time you apply. Instead he and his awesome family were ‘visiting’. The Hong Kong Immigration Department knocked back his application for permanent residency with this ground therefore he found his method to us.
The true secret issues in this particular application were:
1 – the fact of his visitor visa status during the time he applied for the best of Abode.
2 – the 11 months he was working his French wine import business, unapproved from the Hong Kong Immigration authorities.
3 – as a prior student from HKU he might take advantage as being a ‘returning graduate’ and become afforded ‘positive consideration’ for virtually any application that he might make in order to use up a new job in Hong Kong (in which he’d need a proposal of employment from the suitably qualified sponsor).
Coincidentally, just after our client approached us for advice, an ex-colleague of his through the investment bank where he had worked for four years previously, asked him to come and consult with an energy project within the Philippines.
This ex-colleague had, three years prior, provided consulting services through his very own, newly established one-man company and had turned over HKD10 million in consulting fees in the first 18 months. However, the project had visit a short-term halt, as these things often do, as certain government approvals processes played themselves out.
The project has been doing a temporary hiatus but had, recently, been reactivated considering the Philippines government providing whatever consents was required for it to succeed to the next phase.
Consequently, and somewhat out of the blue, our client received an offer of employment from his ex-colleague for him to help him within the next phase from the energy project.
It was great news in the one hand, but on the other, the employing business was still very much a ‘brass plaque’ consulting concern that had been effectively dormant for the last 18 months.
In the plus side, it enjoyed a strong balance sheet and in addition experienced a receipt through the Hong Kong Inland Revenue for longer than HKD1 million it had paid in profits tax the season before. Additionally, it experienced a formal notification from its sole client the energy project was now recommencing and so was manifestly able to re-participate 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 in which the Visa Consultant In Hong Kong afford to non local graduates of Hong Kong Universities.
We did, alternatively, counsel that as the sponsoring employer was basically still a shell of an operation, there could be some tussling with the Immigration Department to persuade them of its bona fides as being a quality employment visa sponsor.
As expected, we locked horns with all the Department about the caliber of the sponsor and had several exchanges along with them each time providing them with more information, proof of the best prospects for the business and also the critical role our client would be playing in its operations.
Finally, we suggested towards the HKID they approve our client’s employment visa subject to Business Review after 12 months, a not unusual proposition, but suitable within the circumstances. The Hong Kong Immigration Department agreed and our client along with his family’s applications were duly approved subject to this problem.
Since the strategy all along was to offer our client having a residence visa for that purposes of his Right of Abode application, the simple fact with this Business Review was ultimately unimportant since it would only come into yqjfbx if our client applied for an extension to his new employment visa one year later on.
Actually, sixty days after this, their Right of Abode applications were approved and thus Business Review has never been an issue. The really great news is the fact that this client has become providing consulting services for the energy project AND running his French wine importing business quite lawfully being a permanent resident.