[LuisHK]

Hi

I've posted on that topic in other forums and have prepared a mail to HK immigration department to expose them the issue but would apreciate extra expertise before moving forwards.

I’m a 35 year old French national, married with one young child, proprietor of a small french company (couple of million US$ sales, three digits increase last year, only one employee) and willing to move to HKG with the family.

The activity is completely legit and we have started participating in HKTDC trade fairs.

I'm about to open a new company in HK and an office in Central, in which we could invest substantial amount of money if necessary. This office would become our headquarters if only we get the proper residence visa, starting likely with me than having Missus and Kiddo follow on dependant visas.

What do you think would be the best way to go for it, and what are the odds?

Any advice on how to apply succesfully for the right visa?

Thanks for all input
Luis

[jimbo]

Investment visa would be the way to go.

$6 million hk last time I checked but you would need to provide some sort of evidence that you will be hiring local staff as well.

Oh and be prepared for a long long wait for a decision to be made! up to 26 weeks!

check this website out for further details

Gemini Personnel Limited - Hong Kong Immigration Handbook

[KnowItAll]

Send an email to sam@visapro.com.hk they've helped a few of our members sort their visa situations out. An investment visa is not always the best way to go. Often, you can legimately open a branch office of an existing company overseas and use that to sponsor your local visa.

[LuisHK]

Thanks a lot Kowitall and Jimbo for your links.

Went through the Gemini page and that's the most thorough explanation on the investment visa I've read so far. It seems we should qualify although our activity needs very few employees, as the business will work out straightaway as inheriting sales and exposition from my french company.

Besides I did sent a mail to Sam to expose hime to situation. Can someone else comment on the efficiency of the services this company offers?

So far my main issue is how to do with my wife, as she is a mainland chinese national, although with a residence permit in France and employed in my company. She will need to be in HKG almost full time before the end of the investment visa process and it doesn't seem to be possible on tourist or business visa. Maybe the opening of a branch office would make it easier.

What do you think?

[PDLM]

Originally Posted by jimbo

Investment visa would be the way to go.

$6 million hk last time I checked but you would need to provide some sort of evidence that you will be hiring local staff as well.

You've mixed up two schemes - there is no specific financial requirement for an Investment Visa - simply that you have a credible business plan that will employ locals fairly soon.

The $6.5M is the Capital Investment Entrant Scheme. Under that you can simply invest the money in more or less any HK assets and you're good to go (i.e. come). No business plan or employment of locals required,

[LuisHK]

deleted, your link had the answer

[LuisHK]

Going through the email I've prepared for the HK immigration department, I wonder about the following thing :

While the sustainibility of the HK company seems to be an important point in the acceptability of an investment visa, the amount of business which will be initially diverted from my french company to that HK company is obviously important.

Yet, many international deals we are involved in don't appear in the french bookkeeping but rather go through another HK company with more obscure offshore links I might also claim to have stakes in and this is a not so insignificant wolume of sales which I will also deviate to the new HK company.

Is it better to keep that part shut or can I explain it when money talk is involved? The first HK company is totally legit and its activity legally tax free under HK law - as the deals have not occured in HK.

[Boris]

Reading this -- and I know people have mentioned Investment visa - you don't have to do down the route advised. Investment visa for operating a company here ??? Nope !

You just register your company here ( as you wish to do anyway ) and you must by law have a HK based company secretary, which normally, is your accountancy firm.

They do all the paper work for you to apply for a normal working visa. Your own company ( via your secretary ) requests your entry in the status as a director of the company essential as a specialist in the particular operation of the company. Simple.

They will do all the stuff about planning to employ people etc etc and all your left to do is sign the papers . Thats the way I did it and everyone else relocating their company here , does it as well. No need to mention all the things you say yourself.

Your wife and child come in a dependent visa UNLESS MAYBE your wife is a director in which case she can apply with you for a working visa if you wish.

There may be a wiggle when it comes to your wife as she is mainland Chinese, however with her history of marriage to you and having been resident is France for XX years she should have little problem. If she comes in as a dependent visa entry I think the same wiggle will apply so get some one good to do the stuff.
BUT your company should apply in the first instance.

FYI - On taxable / non taxable issues of income. You have to be very careful about the status. Just because the the manufacture and end destination do not route through HK DOES NOT mean you don't have to pay tax. There is more to it than that.

[LuisHK]

Boris

thanks for your advice and first hand experience.

I have contacted Kaizen , which took care of the opening of my other HK company to see if they felt comfortable with this paperwork along visapro to see how they are willing to help.

In case Kaizen doesn't appear to be prepared for the this, could you direct me to another accounting firm with a proven track in this issue?

Besides how long would the process take, untill obtention of the work permit ?

Many thanks
Luis

[LuisHK]

Hi

It all looked smooth when we went through planning the whole set up with Sam but a very specific point is causing a problem.

My french business is a special type we have over here, which could be translated by personal name company, which basically means that if I own the new HK company I couldn't apply for a work permit as beeing also the owner personnally. It seems I would need an investment visa than. Headache, because the french activity otherwise has the decent financial standing and background to get the work permit applications accepted .

I notice Boris is talking simply about setting a company here than applying for a work visa, the issue of the ownership of the company hasn't been raised.

Although I understand it would be easier with the branch of a company existing already, what are the chances to obtain a work permit for a foreigner if the new HK entity doesn't have a long background, or if it's an offshore company with doesn't publish accounts? We could capitalize the new HK company decently though, to have it look good.

Thanks again for all input

Luis, confused and very little enthusiastic with our second option, not so beloved BKK