Frequently Asked Questions

To meet the population challenges of an ageing population and declining workforce, we must build up human capital by complementing our local workforce with non-local talent, professionals and entrepreneurs.  Having considered the latest situation in Hong Kong and views collected during the Public Engagement Exercise conducted by the Steering Committee on Population Policy, we have –

1. implemented a pilot scheme to attract the second generation of Chinese Hong Kong permanent residents who have emigrated overseas to return to Hong Kong;
2. relaxed the stay arrangements for entrants under the General Employment Policy (GEP) and the Admission Scheme for Mainland Talents and Professionals to facilitate the entry and stay of professionals and entrepreneurs;
3. relaxed the stay arrangements for entrants under the Quality Migrant Admission Scheme (QMAS), adjusted the QMAS scoring scheme to attract quality migrants with an outstanding education background or international work experience; and
4. listed clearly the factors to be considered under the GEP investment stream.

Enhancement measures have been applied to the General Employment Policy (for both employment and investment), the Admission Scheme for Mainland Talents and Professionals, and the Quality Migrant Admission Scheme.

A pilot scheme for the admission of the second generation of Chinese Hong Kong permanent residents who have emigrated overseas has been introduced.  For details, please see Q26-36.

Under the enhancement measures, the initial duration of stay upon entry and subsequent extensions of stay have been relaxed.  The initial stay of successful applicants under the GEP or ASMTP has been relaxed from 1 year to 2 years on employment condition, or in accordance with the duration of the employment contract, whichever is shorter.  Extension of stay pattern has also been relaxed from 2-2-3 years to 3-3 years, or in accordance with the duration of the employment contract , whichever is shorter.

In addition, top-tier GEP and ASMTP entrants may be granted a 6-year extension of stay on time limitation only without other conditions of stay if they meet the relevant eligibility criteria. For details, please see Q5.

Persons admitted under the General Employment Policy (GEP) or the Admission Scheme for Mainland Talents and Professionals (ASMTP) who continue to meet the relevant eligibility criteria and fulfil the following criteria at the time of application for extension of stay may be regarded as top-tier entrants:

1. the applicant has been permitted to take up employment as a professional in Hong Kong under the GEP or ASMTP for not less than 2 years; and
2. the applicant has an assessable income for salaries tax of not less than HK$2 million in the previous year of tax assessment.

In addition to the supporting documents listed in Part 3 of the Guidance Notes of form ID 91, the applicant should also submit proof of having an assessable income for salaries tax of not less than HK$2 million in the previous year of tax assessment, e.g. notice of salaries tax assessment of the previous tax assessment year issued by the Inland Revenue Department.

If an applicant is not qualified upon the instant extension of stay application but is able to meet the criteria set out in A5 subsequently, he/she may apply at any time afterwards for extension of stay under the top-tier stream.

An applicant must apply for prior approval from the Director of Immigration for any change in employment if he/she is admitted on employment condition. Such an application may be favourably considered if he/she continues to fulfil the eligibility criteria under the General Employment Policy or the Admission Scheme for Mainland Talents and Professionals. However, if an applicant is permitted to remain in Hong Kong on time limitation only without other conditions of stay under the top-tier stream, he/she only needs to notify the Immigration Department in writing upon change of employment within his/her permitted limit of stay.

For GEP or ASMTP entrants already admitted, they may submit an application for extension of stay within 4 weeks before their limit of stay expires. If the extension of stay application is approved, the applicant will be granted a 3-year stay on employment condition, or in accordance with the duration of the employment contract, whichever is shorter. For successful applicants under the top-tier employment stream, an extension of 6-year stay on time limitation only without other conditions of stay will be granted.

Under the enhancement measures, the initial duration of stay upon entry and subsequent extensions of stay have been relaxed. Successful applicants will normally be granted an initial stay of 2 years on employment condition upon entry. The extension of stay pattern on employment condition has also been relaxed from the 2-2-3 years to the 3-3 years.

In addition, an applicant who wishes to establish or join in a start-up business may also submit an application. The Immigration Department may consider the application favourably, if the start-up business concerned is supported by a government-backed programme with a rigorous vetting and selection process, and the applicant is the proprietor or partner of the start-up company or a key researcher of the relevant project.

The applicant should be the proprietor or partner of the start-up company or a key researcher of the relevant project. The start-up business concerned should be supported by a government-backed programme with a rigorous vetting and selection process.

Examples of government-backed programmes include:

• StartmeupHK Venture Programme administered by InvestHK;
• Incu-App, Incu-Bio and Incu-Tech programmes administered by the Hong Kong Science and Technology Parks Corporation;
• Cyberport Incubation Programme;
• Small Entrepreneur Research Assistance Programme and Enterprise Support Scheme administered by the Innovation and Technology Commission; and
• Design Incubation Programme administered by the Hong Kong Design Centre.

An applicant may still submit the application together with completed application forms and all supporting documents, including documentary proof indicating support from the government-backed programme concerned.  We will assess the application with regard to the eligibility criteria for entry for investment as entrepreneurs (to establish/join in business).

An applicant may submit the application together with completed application forms and all supporting documents, including documentary proof of the source and details of the fund concerned.  We will assess the application with regard to the eligibility criteria for entry for investment as entrepreneurs (to establish/join in business).

In addition to the supporting documents in Part IX of the “Guidebook for Entry for Investment as Entrepreneurs  in Hong Kong” [ID(E) 1000], the applicant should also submit a letter indicating valid support by a government-backed programme.

Entrants for investment already admitted may submit an application for extension of stay within 4 weeks before their limit of stay expires. If the extension of stay application is approved, the applicants will be granted a 3-year stay on employment condition.

Enhancement measures under the QMAS include:

1. revising the point-scoring scheme under the General Points Test (GPT) such that an additional 30 points will be awarded to graduates of renowned institutions recognized internationally and an additional 15 points to applicants with not less than 2 years of graduate or specialist level international work experience; and
2. relaxing the initial duration of stay upon entry and subsequent extensions of stay such that entrants under the GPT may be granted a stay pattern of 2+3+3 years instead of the current 1+2+2+3 years and that entrants under the Achievement-based Points Test may be granted a stay of 8 years upon entry; top-tier GPT entrants may be granted a stay pattern of 2+6 years.

The eligibility criteria for the top-tier stream are:

1. the applicant admitted through the General Points Test under the QMAS has been permitted to remain in Hong Kong for not less than 2 years; and
2. the applicant has an assessable income for salaries tax of not less than HK$2 million in the previous year of tax assessment.

The point-scoring scheme under the GPT has been revised to facilitate the entry of talent with an outstanding academic background and those with international work experience to Hong Kong.

Two out of the five point-scoring factors have been revised, namely Academic /Professional Qualifications and Work Experience.  The other scoring factors (i.e. Age, Language Proficiency and Family Background) remain unchanged.

Details of the revised scorings are tabulated below:

*Work experience outside the applicant’s home country/territory

(Since the implementation of Talent List on 28 August 2018, the point-scoring scheme under General Points Test has been revised.)

Under the revised point-scoring scheme, the maximum points under GPT increase from 165 to 195, while applicants who are not eligible for the additional points will score 150 points at most. The current minimum passing mark therefore remains unchanged at 80.

(Since the implementation of Talent List on 28 August 2018, the point-scoring scheme under General Points Test has been revised.)

In making the assessment, reference will be made to the four world university ranking tables published by QS, Shanghai Jiao Tong University, Times Higher Education and US News and World Report.  Applicants who have obtained a degree at bachelor level or higher from an institution listed among the top 100 universities/institutions in any of the above four tables, or in the top 30 colleges in the National Liberal Arts Colleges Rankings published by the US News and World Report will be awarded an additional 30 points.

Advice may also be sought from the Advisory Committee on Admission of Quality Migrants and Professionals, relevant experts or professional bodies on the academic qualifications awarded by other sector-specific renowned institutions which may not be included in these ranking lists.

During assessment, we will take into account the applicant’s nationality as declared on the application form. Work experience in other countries/territories will be regarded as international work experience.

In addition to the supporting documents listed in Part 3 of the Guidance Notes of form ID 91, the applicant should also submit proof of having an assessable income for salaries tax of not less than HK$2 million in the previous year of tax assessment, e.g. notice of salaries tax assessment of the previous tax assessment year issued by the Inland Revenue Department.

If an applicant is not qualified upon the instant extension of stay application but is able to meet the criteria set out in (2) of A17 subsequently, he/she may apply at any time afterwards for extension of stay under the top-tier stream.

All applications received after the implementation date will be assessed according to the new scoring scheme.  Applications received before the implementation date will be assessed according to the original scoring scheme.

For entrants already admitted under the Quality Migrant Admission Scheme (QMAS), they are eligible for the relaxed extension pattern upon their application for extension of stay.

For example, an entrant under the General Points Test of QMAS may submit an application for extension of stay within 4 weeks before his/her limit of stay expires. If the extension of stay application is approved, the applicant will be granted a 3-year stay in accordance with the relaxed extension pattern; those eligible for the top-tier stream may be granted a 6-year stay.

Likewise, an entrant under the Achievement-based Points Test of QMAS may submit an application for extension of stay within 4 weeks before his/her limit of stay expires. If the extension of stay application is approved, the applicant will be granted an 8-year stay in accordance with the relaxed extension pattern.

The scheme aims at attracting the second generation of Chinese Hong Kong permanent residents who have emigrated overseas to return to Hong Kong. With their knowledge of foreign languages and culture, the second generation of Hong Kong emigrants with a good education background will be a valuable source of vibrant workforce. Given their family ties with Hong Kong, they may have a higher incentive to return and seek development opportunities here.

Applicants will have to meet, apart from normal immigration requirements, the following criteria:

1. aged between 18 and 40;
2. born overseas (i.e. not in the Mainland, the HKSAR, the Macao SAR or Taiwan);
3. have at least one parent who is the holder of a valid Hong Kong Permanent Identity Card at the time of application and was a Chinese national who had settled overseas at the time of the applicant’s birth;
4. have a good education background, normally a first degree, but in special circumstances, good technical qualifications, proven professional abilities and/or relevant experience and achievements supported by documentary evidence may also be accepted;
5. proficient in written and spoken Chinese (Putonghua or Cantonese) or English; and
6. (f)  have sufficient financial means and are able to meet the living expenses for his/her (including his/her dependants, if any) maintenance and accommodation in Hong Kong without recourse to public funds.

According to Article 24(2)(3) of the Basic Law and the interpretation adopted at the Tenth Session of the Standing Committee of the Ninth National People’s Congress on 26 June 1999, persons of Chinese nationality born outside Hong Kong to Hong Kong permanent resident parents who were, at the time of birth of the persons, Chinese citizens (i) born in Hong Kong or (ii) having ordinarily resided in Hong Kong for a continuous period of not less than 7 years, are Hong Kong permanent residents. According to Article 5 of the Nationality Law of the People’s Republic of China, any person born abroad whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality. Therefore, such persons not having Chinese nationality cannot acquire Hong Kong permanent resident status under Article 24(2)(3) of the Basic Law.

The COE scheme requires the applicant to be of Chinese nationality at the time of birth.  In general, this means that either of their parents, at the time of the applicant’s birth, has not yet settled overseas and accordingly the applicant remains a Chinese national.

The ASSG is applicable to those who are not eligible under the COE scheme, i.e. persons who are born overseas and not having Chinese nationality at the time of birth.

Your parent is a Chinese national if your parent has Chinese nationality under the Chinese Nationality Law as elaborated in "the interpretation of Chinese Nationality Law when applying in the HKSAR" passed by the Standing Committee of the National People's Congress of the Chinese Government on 15 May 1996. In general, your parent may be regarded as a Chinese national if he/she is a Hong Kong resident of Chinese descent and born in Hong Kong or other parts of China, notwithstanding that he/she holds or has held any foreign passport, unless he/she has made a declaration of change of nationality to the HKSAR Immigration Department.

An applicant who is outside Hong Kong and is unable to submit his/her application in person may forward his/her application by post or submit it through his/her local representative in Hong Kong.  He/She may also apply online.

No.  An applicant is not required to have secured an offer of employment in Hong Kong upon application under the ASSG.

Payment of visa/entry permit fee, applicable to each applicant/ dependant, will be settled after the application is approved.  If the visa/entry permit label is collected in person or through a local representative, payment of fees should be made upon collection of the visa/entry permit in cash, by EPS or by cheque.  The cheque should be crossed, made payable to "The Government of the Hong Kong Special Administrative Region", properly dated and signed. 

If an applicant wishes to receive the visa/entry permit label by mail, he/she should send a cashier order or a bank draft (with exact fee in Hong Kong currency) upon receipt of an approval letter from us. The cashier order or bank draft should be issued by a bank which has a connected bank in Hong Kong and made payable to "The Government of the Hong Kong Special Administrative Region".  No cash should be sent.

The visa/entry permit label is valid for 3 months from the date of issue.  The visa/entry permit label should be affixed onto a blank visa page of the applicant's valid travel document for presentation to an immigration officer upon arrival in Hong Kong.

An entrant admitted under the ASSG will normally be granted an initial stay of 12 months on time limitation only without other conditions of stay. He/she is not required to secure an employment offer upon his/her initial entry. Upon applying for extension of stay, the applicant is then required to have secured an offer of employment which is at a level commonly taken up by degree holders and the remuneration package is at market level. For an applicant who has established or joined in business in Hong Kong, he/she is required to produce proof of his/her business. If the applicant fails to prove that he/she will continue to work in Hong Kong or has established or joined in any business, his/her application may be refused.

An entrant admitted under the ASSG may apply for extension of stay in Hong Kong within 4 weeks before the expiry of his/her limit of stay.  He/She is required to submit the application form for extension of stay (ID 91), original and photocopy of his/her valid travel document and his/her old travel document showing the latest visa/entry permit label /landing slip/extension of stay label in Hong Kong, photocopy of his/her Hong Kong identity card, and other supporting documents, including proof of employment or business in Hong Kong.

An entrant admitted under the ASSG may apply to bring in his/her spouse or the other party to a same-sex civil partnership, same-sex civil union, “same-sex marriage”, opposite-sex civil partnership or opposite-sex civil union entered into by him/her in accordance with the local law in force of the place of celebration and with such status being legally and officially recognised by the local authorities of the place of celebration ^Note, and unmarried dependent children under the age of 18 to Hong Kong under the prevailing dependant policy.  He/She will be the sponsor of his/her accompanying dependants to Hong Kong.

Note:

For the avoidance of doubt, the terms “civil partnership” and “civil union” above mean a legal institution of a nature which is akin to spousal relationship in a marriage. The same-sex civil partnership, same-sex civil union, “same-sex marriage”, opposite-sex civil partnership and opposite-sex civil union entered into in accordance with laws outside Hong Kong are limited to only relationships which are legally and officially recognised in the places of celebration. Such relationships normally have the following features: (a) the entering into and dissolution of the relationship are governed by legislation of the place where it is entered into; (b) the relationship requires registration by the competent authority specified by the legislation of the place where it is entered into; (c) the registration is evidenced in a written instrument issued by the competent authority; and (d) parties to the relationship have a mutual commitment to a shared life akin to spouses to the exclusion of others on a permanent basis. Such relationships do not include de facto spouse, partners in cohabitation, fiancé/fiancée, etc.