[shoho]

Hi all,

we are moving out to Hong Kong as my husband has secured a new job there.

I will go out on a dependant visa. The company I currently work for in London as suggested the idea that I could start up a HK office of their company. This would mean I work from home in HK and then go out and about to visit clients.

What are the legalities of this, I cant do this on a dependant visa can I?

Do they have to form a HK company to make this legal?

Then how do I get a work visa?

If the answer is yes then can I benefit from HK tax?

What if my company want to trial this for six months will they still have to form a Hk company?

or legally can I work for a UK company in HK indefinately?

[JAherbert]

Just to clarify........On arrival you will be given a tourist visa, assuming you hold a british passport that will be valid for 6 months.

After your husband has obtained a working visa sponsored by his employer (assuming he is not a hk perm. id holder) which takes about 2-3 months, you will then have the opportunity to apply for a dependant's working visa - which may or may not be granted depending on skills, etc. Search this forum for more info about dependant working visas.

If your UK operation wishes to open a branch here, that is no problem, for safety and security insist that a HK limited company is created. Based on your post, the new company would not be able to secure a working visa for you.

HK tax system is like the UK, similar accounting rules, but simpler, and lower rate - the max. corporate tax is only 17%.

One can't legally work in Hong Kong without a valid working visa, so there is no question of working for a UK company while stationed here.

Working from home, I would say is not the norm, and prohibited by most apartment rental agreements. Insurance, penisons (called MPF here), construction noise, need consideration.

Business centres, plenty here would be a much better choice.

It sounds like the UK company is uncertain, wants a try and see approach?

However, one should remember the legal and financial ramifications for you and your family.

If it doesnt work out the HK limited company could be closed down, no problem, but if you pay someone to do it, it will cost.

It seems you are trying to help out your UK company, and they want to benefit on the cheap. In your shoes, tell them HK is an expensive city to do business, so they need to budget for the upfront and operating costs.

Hope this helps a bit.

[berryplucker]

Most of what JAHerbert says is, unfortunately, incorrect.

There is no such thing as a "dependent working visa". You either have a Dependent visa or an Employment Visa. If you have a Dependent Visa then you may work if, but only if, you are dependent on a HK Permanent Resident. If you are dependent on someone who themselves has an Employment Visa then you may not work (unless your Dependent Visa was first issued before July 2003).

You may, of course, be sponsored for an Employment Visa in your own right. It is perfectly possible in principle for you to be employed by a UK company in HK. There is no legal requirement for them to set up a HK registered company, although clearly it would help you to secure an Employment Visa if your company states that it would intend to form a local company and employ local people were your initial work to be successful.

If you earn income from employment in Hong Kong then you will be liable for HK income tax. The location of the company that employs you is irrelevant - it is where you are resident and employed that matters. You would not be liable to UK Income Tax.

[shoho]

ok so to clarify,

my husband goes to hong kong on a tourist visa, he starts his job and applys for a working visa.

Once he has a working visa, which may take 2-3 months I can apply for a dependants visa.

But in the mean time as soon as I arrive I too can apply for a working visa in my own right(this would be the better option), and I can start working for the company I am currenly employed with, out there on say a six month trial basis without them having to form a HK company.

It is actually true that if the business development in HK was successful then they would open a proper office and employ locals at which point they should form a HK company, and it would benefit me to mention this on my application for a working visa. But in the mean time I would be working from my home.

I should ask the company I work for to pay me in HK dollars into a HK bank account.

So if my husband can start his job whilst his application for a wrking visa is going through, I can do the same with my direct working visa application, and I will not have to wait the for 2-3 months while the application goes through?

Can I make my application from the UK of do I have to be there?

Also, is it myself that has to apply for my working visa or is it my uk company that applys on my behalf?

[kostas]

Originally Posted by shoho

...he starts his job and applys for a working visa.

I don't know if you are aware that this is illegal and not the correct procedure to do so.. You cannot start working (actually even volunteer) without a working visa..

[cosmokat]

Shoho, since you say your husband has already secured a job (hence the reason you are moving), then his employer should be applying for his work visa and have that to him PRIOR to even relocating. It makes it easier to have it in hand prior to passing through immigration in HK, as it will then give him the right to a work visa stay (one year) as opposed to a visitor visa (prob 3 months). Unless your husband isn't planning on working for the first several months while his work visa is being established (which I highly doubt), then this is generally the common practice.

Also, I believe a company needs to sponsor and apply for your work visa on your behalf...you can't just apply for one on your own.

[JAherbert]

I disagree with berrypluckers comment read:

http://www.immd.gov.hk/ehtml/hkvisas_1.htm

clause 39b. c broadly states that dependants may apply for a working visa, which as I mentioned, may or may not be granted, subject to the usual employment requirements.

However, like all dependant visa's they rely upon your husbands status. His status changes your is effected too.

Based on the info provided, you will not be granted a working visa in your own right, the potential to employ locals is in my view not sufficient.

Whislt it is nice idea to be able to work here whislt employed by UK office, there are several problems:

- MPF is a legal requirement, both employee and employer are required to enrole and contribute every month.

- Employer's are required to purchase employee compensation insurance

- Without a business, no Business Registration certificate, no MPF, no bank account, no visa sponsorship, etc.

- All contracts would need to be undertaken by you personally - and hence liability exposure.

Companies sponsor visa applications, and need to submit amongst other documents, 3 years audited accounts, explanation letter, BR, certification of incorporation, companies form D, last annual return, last tax return, plus a bunch of other stuff that I dont recall. in addition the employee needs to submit certified copies of degree and other qualifications.

read http://www.immd.gov.hk/

also check with http://www.investhk.com.hk

as Kostas pointed out one can legally work on a tourist visa (although it does happen- payments made by cash).

[berryplucker]

Originally Posted by JAherbert

I disagree with berrypluckers comment read:

http://www.immd.gov.hk/ehtml/hkvisas_1.htm

clause 39b. c broadly states that dependants may apply for a working visa, which as I mentioned, may or may not be granted, subject to the usual employment requirements.

However, like all dependant visa's they rely upon your husbands status. His status changes your is effected too.

That last statement is complete rubbish - please indicate the source of that. If you have an Employment Visa it is yours in your own right - there is no such thing as a "Dependent Employment Visa".

Originally Posted by JAherbert

Whislt it is nice idea to be able to work here whislt employed by UK office, there are several problems:

- MPF is a legal requirement, both employee and employer are required to enrole and contribute every month.

- Employer's are required to purchase employee compensation insurance

- Without a business, no Business Registration certificate, no MPF, no bank account, no visa sponsorship, etc.

- All contracts would need to be undertaken by you personally - and hence liability exposure.

Pretty much all of the above is rubbish. It is perfectly possible not to pay MPF - your employer (who does not need to be a HK registered company) simply needs to state that you are contributing to a broadly equivalent scheme overseas. Yes there needs to be some insurance but that could be purchase either in the UK or in HK by the UK company - there is no need to be a registered company in HK. It is perfectly possible for an overseas company to have a bank account in Hong Kong. It is perfectly possible for an overseas company to sponsor a HK Employment Visa.

Originally Posted by JAHerbert

as Kostas pointed out one can legally work on a tourist visa (although it does happen- payments made by cash).

I think you meant "cannot".

Could I suggest you stick to threads where you have some clue what you are talking about?