[larac]

I came to HK with my partner and got a work Visa doing some contract work with them but now its time to do my own thing. I looked for work when I first arrived and not being able to speak Chinese was a major factor in not being able to get a job at the time. Now I think I would like to go into business for myself. I have an idea that I think will work and the business could expand quite quiickly ans employ several staff. From what I've read here setting up a company is not an issue but the whole Visa thing is.
Does anyone know if my current work Visa is valid beyond my current position?
If I don't take a salary from the business and instead pay out a dividend to the shareholder ie:me does would this be considered to be working and therefore require a work Visa?
I get that without a work or dependents visa I would have to go back to a tourist visa. Does having a dependents visa make it any easier to get a work visa? (We are not married).

[JAherbert]

hi,

your work visa is strictly and only applicable to your current employment.
Also most organisations have a clause that prevents employees taking on other employment, and that would include starting a business.

Also there is the copyright issue, if you invent something, or create a new product your current employer will own it.

Dependant visa for non-married spouse would be a matter for Immigration dept. but very unlikely in my view, and anyway would not help because that would not allow you to work. A dependant visa does not give permission to a work visa.

Renumeration, whether salary or dividend, or combination of both - would your income from the business. And you as the director or sole propietor would still need a work visa. Although dividend is more effective for taxation purposes.

hope this helps.

cheers,
John

[larac]

Thanks heaps.

I thought as much but good to get a second opinion. My business idea is totally unrelated to the work I'm doing now so no worries there.

We are not married but would get married if it made a difference but by the sounds of things it doesn't change things in regards to work, just permission to live here.

[JJexpat]

It is possible to create a business and work as a director of that business. This is different from doing the work of the business. However, under certain circumstances, one can legitimately defend the need to "hire yourself" and your assertion that you can hire others is a very good thing. Good luck.