[scoffer]

I cannot be specific about the product, but the deal is that it has to be installed by a workforce supplied by the supplier, and they are not to use local labour, it will last around 8 months and the work force will complete rotating shifts of 6 weeks on site and two weeks away. It is a job that could be completed by the local workforce without a problem, but the marketing behind it goes along the lines of "Built by and installed by Master Craftsmen from...??."

Will I encounter difficulties obtaining a working visa because I am not bringing in a talent that is not already freely available in HK, also where will I have to pay tax, will I have to pay tax in HK and then get a credit for the tax paid in my home country ?

I will be leaving HK during the time I am not working, and return only at the start of my 6 week roster.

Thanks for any help you can provide.

Kev

[PDLM]

Interesting one... If I understand correctly you are saying that each of the "Master Craftsmen" will come for four visits each of six weeks, with two week gaps in between.

Assuming that all of them are employed under permanent contracts in the home country and that they carry passports from a country which allows business trips of up to 90 days at a time (most European countries, for example) then it isn't clear to me that they would need visas at all.

Tax is a separate issue; there the limit is (I think) 183 days in Hong Kong in a tax year (April-March). If you stay under that limit, and, again, the people are clearly employed and paid somewhere else, then I wouldn't expect any tax liability.

But since you are in any case at some point going to have to get confirmation of the situatiuon from the relevant authorities, why not email them and ask?
For immigration: enquiry@immd.gov.hk
For tax: enquiry@ird.gov.hk

[HKChigger]

Assuming that all of them are employed under permanent contracts in the home country and that they carry passports from a country which allows business trips of up to 90 days at a time (most European countries, for example) then it isn't clear to me that they would need visas at all.

On a Business Trip you can't do labour though. It allows you to have meetings, training and seminars.

[PDLM]

I'm not sure I believe that - can you provide some evidence that there are restrictions on the type of work you can do on a temporary buisness visa? If what you say is true then I know a lot of companies breaking the rules - all the major telecoms & IT manufacturers, for example, have regional installation teams based in one counrty or another who fly all round the region to do equipment installation/maintenance.

[Bobbybo]

Originally Posted by PDLM

I'm not sure I believe that - can you provide some evidence that there are restrictions on the type of work you can do on a temporary buisness visa?

I just thought there was just one kind of visa when entering HK as a visitor good for business (meetings) and tourism.
I think repairing or installing machines it is considered working and shouldn't be allowed by the visitor visa.

[scoffer]

Thanks for the info, This situation is a bit new to me so many of the practicle issues are yet to be addressed.

Regards
kev

[HKChigger]

BUSINESS VISITORS


In general, unless a person has the right to reside or land in the Hong Kong Special Administrative Region (HKSAR), he/she is required to obtain an entry visa or permit to work, study, establish or join a business, or take up residence. Each application is determined on the applicant's nationality and the ability to meet the requirements. The application can be submitted to the Chinese Consulate with jurisdiction over the applicant's place of residence or be obtained upon entry (although this may be risky).

Please find attached a list with the entry requirements for HKSAR for all countries.

Visa Type:

Does not apply.

Allowable Activities as a Business Visitor:

Business visitors to Hong Kong may engage in the following activities:

a) Attend business meetings or discussions;
b) Observe operations at a Hong Kong affiliate or client;
c) Attend seminars for knowledge purposes

Maximum Period of Stay:

While Consulates and immigration officers can exercise discretion in determining the length of stay for any visitor, the normal validity of most business visas is 90 days.

The period of stay is determined from the date of first entry into Hong Kong, not when the visa stamp is issued.

An extension of stay for a Business visa may be approved, if the applicant provides proof that he/she will continue to be a "bona fide visitor to Hong Kong." The extension may be obtained from the Immigration authorities in Hong Kong, prior to the expiration of the initial visa.

Basic Requirements to apply for a Business Visa:

The following requirements for Business Visitors are subject to change or modification:

1. Must have a residence and an employer outside of HKSAR and must be traveling to HKSAR for a limited and pre-set time period;
2. May not receive compensation from sources within HKSAR; however, incidental expenses such as hotel room, cost of travel, and meals may be paid by the host;
3. Must have proof of adequate funds to defray expenses while on the Business visit;
4. Must be able to articulate specific and realistic plans for his/her stay in HKSAR;
5. The period of intended stay must be consistent with the intended purpose of the trip.

URL: http://pubweb.fdbl.com/ihp8/global/m...g?opendocument

Granted not an official source, but it makes sence that a company can't send someone overseas to do labour.