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Guidebook for Entry for Investment (to establish/join in business) in Hong Kong

I. Introduction

This guidebook sets out the entry arrangement for persons who wish to enter the Hong Kong Special Administrative Region (HKSAR) for investment under the General Employment Policy (GEP), i.e. to establish or join in business in the HKSAR.

2. This entry arrangement does not apply to:

1. Chinese residents of the Mainland; and
2. nationals of Afghanistan, Albania, Cambodia, Cuba, Laos, Korea (Democratic People's Republic of), Nepal and Vietnam.

II. Eligibility Criteria

3. An application for a visa/entry permit to enter the HKSAR for investment may be favourably considered if:

1. there is no security objection and no known record of serious crime in respect of the applicant;
2. the applicant has a good education background, normally a first degree in the relevant field, but in special circumstances, good technical qualifications, proven professional abilities and/or relevant experience and achievements supported by documentary evidence may also be accepted; and
3. the applicant is in a position to make substantial contribution to the economy of the HKSAR.

4.Overseas Chinese nationals holding People's Republic of China (PRC) passports who meet the criteria stipulated in paragraph 3 and normal immigration requirements may apply to enter the HKSAR for investment if:

1. the applicant has permanent residence overseas; or
2. the applicant has been residing overseas for at least one year immediately before the submission of application ("overseas" means places outside the Mainland, the Macao SAR and Hong Kong SAR) and that the application is submitted from overseas.

III. Application Procedures

Application Forms

5. Applicant should complete application form (ID 999A). The sponsor should complete application form (ID 999B). The application forms (ID 999A and ID 999B) can be obtained free of charge from the following offices:

1. Immigration Department Headquarters.
2. Immigration Branch Offices.
3. Overseas Chinese Diplomatic and Consular Missions.
4. Immigration Division of the Office of the Government of the HKSAR in Beijing.
5. Hong Kong Economic and Trade Office in Guangdong.

The forms can also be downloaded from the Immigration Department's website at www.immd.gov.hk.

Sponsor in Hong Kong

6. To apply for entry for investment, the applicant must nominate a local sponsor. A local sponsor can either sponsor the applicant as a company or an individual. If the sponsor is an individual, he/she should be:

1. of the age of 18 or above;
2. a bona fide Hong Kong resident; and
3. acquainted with the applicant.

Supporting Documents

7. Please refer to the checklist at Part IX.

Submission of Application

8. All the forms must be duly completed and signed. Where there are accompanying dependants (please refer to information at Part VII below), each dependant must complete and sign Part B of application form ID 999A. For an applicant or a child dependant under the age of 16, it must be signed by the parent or legal guardian of the child. Completed application forms, i.e. ID 999A and ID 999B, and all supporting documents should be submitted by the applicant or the local sponsor in either one of the following ways:

1. By post directly or through the local sponsor in the HKSAR to:
   
   

   Receipt and Despatch Unit Hong Kong Immigration Department 2/F, Immigration Tower 7 Gloucester Road Wan Chai, Hong Kong

2. Applicants residing in overseas countries or territories may submit their application forms together with the relevant supporting documents and their travel documents in person to the nearest Chinese diplomatic and consular missions in their place of domicile.
   
   
3. Holders of foreign passports who are living in the Mainland of China may submit the application forms together with all supporting documents to the Immigration Division of the Office of the Government of the HKSAR in Beijing (Beijing Office). Applicants are required to produce their travel documents to the Immigration Division of the Beijing Office so that a visa/entry permit could be issued if the application is approved. The address of the Beijing Office is:
   
   

   No. 71, Di'anmen Xidajie, Xicheng District Beijing 100009 People's Republic of China

IV. Travel Documentation Requirement

9. Visa/Entry permit label will be issued upon successful application. It should be collected by the sponsor from the Immigration Department for onward transmission to the successful applicant. For application submitted to the Chinese diplomatic and consular mission or the Immigration Division of the Beijing Office, visa/entry permit will be issued through the relevant Chinese diplomatic and consular mission or the Immigration Division of the Beijing Office as appropriate.

10. The visa/entry permit label should be affixed onto a blank visa page of the applicant's travel document for presentation to the immigration officer upon arrival in the HKSAR.

V. Extension of Stay

11. Persons who have been admitted for investment are allowed to remain in the HKSAR on employment status. They may apply for extension of stay for investment in the HKSAR within 4 weeks before their limit of stay expires. Such applications will be considered only when the applicants continue to meet the eligibility criteria for entry for investment. Extension of stay, if approved, will normally follow the 2-2-3 years pattern.

VI. Change of Employment

12. Persons who have been admitted for investment may apply for change of employment provided that he/she continues to fulfil the eligibility criteria for investment under the GEP.

VII. Entry of Dependants

13. Applicants admitted for investment may apply to bring in their spouse and unmarried dependent children under the age of 18 to the HKSAR under the prevailing dependant policy. Persons admitted or applying for admission for investment will be the sponsors of their accompanying dependants to the HKSAR. An application for admission of a dependant may be favourably considered if:

1. there is reasonable proof of a genuine relationship between the dependant and the sponsor;
2. there is no known record to the detriment of the dependant; and
3. the sponsor is able to support the dependant's living at a standard well above the subsistence level and provide him/her with suitable accommodation in the HKSAR.

14. This entry arrangement does not apply to:

1. former Mainland Chinese residents residing in Macao who have acquired residence in Macao through channels other than the One-way Permit Scheme; and
2. nationals of Afghanistan, Albania, Cuba and Korea (Democratic People's Republic of).

15. The length of stay of such dependants will be linked to that of their sponsors. Dependants are required to leave the HKSAR when the sponsors leave the HKSAR. Dependants are not prohibited from taking up employment in the HKSAR under existing policy.

VIII. Other Information

16. In general, unless a person has the right of abode or right to land in the HKSAR, he/she requires a visa/entry permit for investment in the HKSAR. While each application is determined on its individual merits, an applicant should meet normal immigration requirements (such as holding a valid travel document with adequate returnability to his/her country of residence or citizenship; be of clear criminal record and raise no security or criminal concerns to the HKSAR; have no likelihood of becoming a burden on the HKSAR, etc.) as well as the relevant specific eligibility criteria detailed above before he/she may be considered for the grant of a visa/entry permit. It should be noted that the eligibility criteria may be subject to change from time to time.

Re-entry into Hong Kong

17. Non-permanent residents of the HKSAR, irrespective of their nationality and type of travel document held, do not require a re-entry visa/entry permit to enter the HKSAR provided that they return within the validity of their permitted limit of stay and that the circumstances upon which they have acquired their residential status remain unchanged. Non-permanent residents, if returning after a long absence of, say, 12 months or more, may be required to approach the Immigration Department Headquarters to have their residential status verified.

Right of Abode

18. Persons admitted for investment and have ordinarily resided in the HKSAR for a continuous period of not less than 7 years may apply for the right of abode in the HKSAR in accordance with the law.

Payment of Fees

20. If the application is submitted to an overseas Chinese diplomatic and consular mission or the Immigration Division of the Beijing Office, the visa/entry permit fee should be paid direct to the Chinese diplomatic and consular mission or the Immigration Division of the Beijing Office as appropriate.

Processing Time

21. It will normally take four weeks to process a visa/entry permit application for investment upon receipt of all the required documents. The Immigration Department would not be able to start processing the application unless all the required documents and information are received. Please refrain from making enquiries about the progress of the application unless it is absolutely necessary, as it may delay the processing of the application.

Warning

23. It is an offence to make false statements or representations to an immigration officer. A person who knowingly and wilfully makes a statement or gives information which he/she knows to be false or does not believe to be true shall be guilty of an offence under the Laws of Hong Kong and any such visa/entry permit issued or permission to enter or remain in the HKSAR granted shall have no effect.

Disclaimer

Enquiries

IX. Checklist of Forms and Documents to be Submitted

(A) Forms and Documents to be Submitted by the Applicants

(B) Forms and Documents to be Submitted by the Sponsors

i) For application in which the sponsor is a Company:

ii) For application in which the sponsor is an Individual:

(C)	Forms and Documents to be Submitted by each accompanying Dependant of an Applicant for entry for Investment

a	Forms/ Documents Required
	The applicant's application form, Application for Entry for Investment (to establish/join in business) in Hong Kong (ID 999A) with Part B duly completed by the dependant
	The dependant's recent photograph (affixed on page 2 of the application form ID 999A)
	Photocopy of the dependant's travel document containing personal particulars, its date of issue, date of expiry and/or details of any re-entry visa held (if applicable). For a dependant who is currently staying in the HKSAR, photocopy of his/her travel document page containing the latest arrival stamp/extension of stay label in the HKSAR. Chinese resident of the Mainland who has not been issued with a travel document may submit a photocopy of his/her People's Republic of China resident identity card.
	Photocopy of evidence of the applicant's relationship with the dependant, e.g. marriage certificates, birth certificates, family photographs, family letters (with envelopes), census record book and Privilege Card for Single Child (if applicable)
	Photocopy of the dependant's Macao identity card [for Macao residents only]
	Photocopy of the dependant's household registration in Taiwan and Taiwan identity card [for Taiwan residents only]

Important Notice:

1. Notwithstanding that the documents and information required have been furnished, applicants, accompanying dependant(s) and sponsors may still be required to submit further supporting documents and information in connection with the application(s) when necessary.
2. Where a document is not in Chinese or English, it must be accompanied by a Chinese or English translation certified as a true translation by a sworn translator, court translator, authorised public translator, certified translator, expert translator or official translator.