Our customer was a French national with a wife and 5 year-old daughter – all of them, French citizens.
He had first showed up in Hong Kong in 2004 being a student to undertake an MBA system in the University of Hong Kong.
On graduation in 2006, he joined a European investment bank in which he worked well constantly till 2010 as he was created redundant included in the banking challenges associated with the GFC.
At the time he instructed us, he experienced an work visa subsidized by his ex-using investment bank having a 2 year period of stay supported inside his passport, getting him up just lacking the entire 7 year time frame for the purposes of a software for the Right of Home.
During 2010, with the probability of him gaining further employment inside the investment banking game unlikely within the near term, our client chose to start a French wine importing business – but did not apply for an adjustment within his Visa Consultant In HK to allow him to be able to do that. He really needed a smart investment visa but had never bothered to get one.
As the period of stay availed from the investment bank expired 6 weeks before he could have been continuously resident for your 7 years needed for the right of Abode application, he decided he would take him family away from Hong Kong at that time his employment visa expired and provide them all in as visitors, gaining a 90 day time of stay whenever they entered, waited six weeks, then submitted a software for the best of Abode.
This is in 2011, 2 weeks before he requested our help.
During his application, he didn’t realise that you simply can’t apply for the ideal of Abode for those who have visitors visa. You need to be ‘resident’ during the time you apply. Instead he and his family were ‘visiting’. The Hong Kong Immigration Department knocked back his application for permanent residency about this ground and so he found his method to us.
The real key issues within this application were:
1 – the actual fact of his visitor visa status at the time he applied for the best of Abode.
2 – the 11 months he was working his French wine import business, unapproved through the Hong Kong Immigration authorities.
3 – being a prior student from HKU he might take advantage being a ‘returning graduate’ and stay afforded ‘positive consideration’ for virtually any application that he may make so that you can use up a new job in Hong Kong (in which he’d need a deal of employment from a suitably qualified sponsor).
Coincidentally, just after our client approached us for advice, an ex-colleague of his from your investment bank where he had worked for four years previously, asked him in the future and consult on an energy project within the Philippines.
This ex-colleague had, three years prior, provided consulting services through their own, newly established one-man company along with turned over HKD10 million in consulting fees inside the first eighteen months. However, the project had come to a temporary halt, as these things often do, as certain government approvals processes played themselves out.
The project has been doing a short-term hiatus but had, only recently, been reactivated considering the Philippines government providing whatever consents had been essential for it to succeed to another phase.
Consequently, and somewhat out of the blue, our client received an offer of employment from his ex-colleague for him to aid him over the following phase in the energy project.
This is good news on the one hand, but around the other, the employing business was still very much a ‘brass plaque’ consulting concern that had been effectively dormant for the past eighteen months.
In the plus side, it experienced a strong balance sheet and also experienced a receipt from the Hong Kong Inland Revenue for longer than HKD1 million it had paid in profits tax the year before. It also experienced a formal notification from its sole client that this energy project was now recommencing and thus was manifestly ready to re-participate in providing services once more.
We advised our client that this may 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 which the Visa Consultant manage to non local graduates of Hong Kong Universities.
We did, alternatively, counsel that since the sponsoring employer was basically still a shell of the operation, there would be some tussling with all the Immigration Department to persuade them of the bona fides being a quality employment visa sponsor.
As expected, we locked horns using the Department about the standard of the sponsor and had several exchanges along with them each time providing all of them with additional information, proof of the great prospects for that business and the critical role our client would be playing in its operations.
Finally, we suggested to the HKID which they approve our client’s employment visa susceptible to Business Review at the conclusion of 12 months, a not unusual proposition, but suitable within the circumstances. The Hong Kong Immigration Department agreed and our client and his awesome family’s applications were duly approved subject to this problem.
Because the strategy all along was to offer our client with a residence visa for your purpose of his Right of Abode application, the fact of the Business Review was ultimately unimportant as it would only enter in to yqjfbx if our client applied for an extension to his new employment visa 12 months down the road.
Actually, 2 months after this, their Right of Abode applications were approved and thus Business Review was never an issue. The truly fantastic news is the fact that this client has become providing consulting services towards the energy project AND running his French wine importing business quite lawfully as being a permanent resident.