An employment visa is required for a foreign national to work in Hong Kong SAR, regardless of (i) whether the foreign national is paid or unpaid for services rendered in Hong Kong SAR, (ii) the locality of the employer and (iii) the duration of the employment or assignment in Hong Kong SAR. Failure to do so is an offense under the Hong Kong SAR Immigration Ordinance.

Employment visas can be extended in increments of three years. The employment visa is employer-specific. A foreign national granted an employment visa is only authorized to work for the sponsoring employer in Hong Kong SAR. If the foreign national wishes to work for another employer, and the visa has not expired, they must obtain prior approval from the HKID. If an employment visa holder must work for someone other than the approved employer, the foreign national must first obtain sideline approval from the HKID. This requirement is noteworthy in cases where a foreign national may be required to supervise or engage in activities for several related companies in Hong Kong SAR.

The sponsoring employer in Hong Kong SAR must inform the HKID after an employee is terminated. The employer may be required to pay for the foreign national's repatriation.

A foreign national who possesses special skills, knowledge or experience that is of value to and not readily available in Hong Kong SAR may apply for an employment visa under the GEP.

The HKID assesses each employment visa application on its own merits. An application may be favorably considered if the following conditions are met:

• The business sponsoring the employment visa is beneficial to the economy, industry and trade of Hong Kong SAR.
• The foreign national possesses skills, knowledge and experience not readily available in Hong Kong SAR.
• The position cannot be easily filled by someone locally in Hong Kong SAR.

Despite Hong Kong SAR's reversion to Mainland China in 1997, the entry of Mainland China nationals into Hong Kong SAR remains restricted. For example, a Mainland China national residing in Mainland China traveling to Hong Kong SAR from Mainland China as a visitor or resident must carry an Exit-entry Permit (EEP) for Traveling to and from Hong Kong SAR and Macau SAR with the appropriate exit endorsement issued by the Public Security Bureau (PSB) in Mainland China. Restrictions on the use of available visa categories by Mainland China nationals are noted in various sections in this chapter.

Employment visa applications for Mainland China nationals are evaluated under the ASMTP. Chinese residents of Mainland China who possess special skills, knowledge or experience of value to and not readily available in Hong Kong SAR may apply to come to work under the ASMTP.

The sponsoring entity should submit the application directly to the HKID on behalf of Mainland China national. Upon approval of the application, the HKID will issue an entry permit. The Mainland China national must present the entry permit to the PSB in Mainland China and apply for an EEP and relevant exit endorsement before traveling to Hong Kong SAR.

The TTPS launched toward the end of 2022 with the aim of attracting top talent with rich work experience and strong academic qualifications to Hong Kong SAR.

Applicants are not required to have secured an offer of employment in Hong Kong SAR upon application. Categories under the TTPS are as follows:

• Category A: persons with annual income of HKD 2.5 million or above in the year immediately preceding the date of application
• Category B: degree graduates of eligible universities with at least three years of work experience over the past five years immediately preceding the date of application
• Category C: degree graduates of eligible universities in the past five years immediately preceding the date of application with less than three years' work experience, subject to an annual quota (not applicable to persons who obtained their undergraduate qualification in a full-time accredited program in Hong Kong SAR)

Overseas Chinese nationals holding a Mainland China passport may also apply under one of the categories above, if the applicant (a) has permanent residence overseas (i.e., outside Mainland China, Hong Kong SAR, Macau SAR and Taiwan), and (b) has been residing overseas for at least one year immediately before the submission of the application and the application is submitted from overseas.

Effective 16 October 2024, Hong Kong extended the initial visa validity for TTPS category A applicants (annual income above HKD 2.5 million) from two years to three years. Successful applicants may be granted 36 months’ stay (for Category A applicants) and 24 months' stay (for Category B and C applicants), and they may change employment or establish a business during their stay.

Category A applicants approved before 16 October 2024 with a two-year visa can apply for a one-year extension.

Foreign nationals from Afghanistan, Cuba and the Democratic People's Republic of Korea are not eligible for visas under the TTPS.

This scheme allows eligible companies to admit non-local technology talent to undertake research and development (R&D) work in Hong Kong SAR. Eligible companies must apply for a quota. Once allocated with a quota by the Innovation and Technology Commission, the relevant company can apply to sponsor an eligible person for an employment visa/entry permit within the 36-month validity period.

The individual must be a full-time employee of the sponsoring company and must also fulfil certain other criteria such as being a degree holder in science, technology, engineering and mathematics (STEM) from a top 100 university for STEM-related subjects and be engaged principally in conducting R&D in certain specified areas.

Foreign nationals and Mainland China nationals who have completed a tertiary full-time education through locally accredited programs in Hong Kong SAR (e.g., undergraduate or higher qualification) ("Non-Local Graduates") may remain in or reenter Hong Kong SAR for employment after graduation.

Additionally, persons who have completed a tertiary full-time education (e.g., undergraduate or higher qualification) at a higher education institution in the Greater Bay Area, which has been jointly established by universities of Mainland China and Hong Kong SAR in accordance with the Regulations of Mainland China on Chinese-Foreign Cooperation in Running Schools, may also apply to come and work in Hong Kong SAR under the IANG ("GBA Campus Graduates").

Non-Local Graduates and GBA Campus Graduates who want to remain and work in Hong Kong SAR within six months of their graduation date may submit an IANG visa application to the HKID, even without having an offer of employment. Non-Local Graduates and GBA Campus Graduates who wish to re-enter and work in Hong Kong SAR six months after their graduation date must have secured an offer of employment by the time they apply.

Non-Local Graduates and GBA Campus Graduates who obtained their visa under the IANG are free to change employers during their permitted stay without obtaining prior approval from the HKID.

Foreign nationals from Afghanistan, Cuba and the Democratic People's Republic of Korea are not eligible for visas under the IANG. Specific rules apply to nationals from Laos, Nepal and Vietnam.

The ASSG is available to foreign nationals between the ages of 18 and 40 who were born overseas (i.e., not in Mainland China, Hong Kong SAR, Macau SAR or Taiwan) to at least one parent who is both a Hong Kong SAR permanent resident at the time of application and was a Chinese national settled overseas at the time of the foreign national's birth.

Eligible foreign nationals must also have (i) a good educational background, (ii) proficiency in either Chinese (written and spoken Mandarin or Cantonese) or English, and (iii) sufficient financial means and be able to meet the living expenses for their (including their dependents, if any) maintenance and accommodation in Hong Kong SAR without recourse to public funds. Applicants do not need to have an offer of employment prior to application.

Foreign nationals who obtained their visas under the ASSG are free to change employers during their permitted stay without obtaining prior approval from the HKID.

Foreign nationals from Afghanistan, Cuba and the Democratic People's Republic of Korea are not eligible for visas under the ASSG.

Investment as entrepreneur

A foreign national investing and starting a business in Hong Kong SAR can apply for an employment (investment) visa. The business should be beneficial to the local economy. Relevant factors for consideration include but are not limited to, the relevant business plan, business turnover, financial resources, investment sum, number of new jobs created and the introduction of new technology or skills. It is important to show that the foreign national has both the expertise and resources to finance and continue to operate the business.

Foreign nationals from Afghanistan, Cuba and the Democratic People's Republic of Korea are not eligible for employment (investment) visas.

Overseas Chinese nationals holding a Mainland China passport who are living overseas and meet the relevant eligibility requirements may also apply if the applicant (i) has permanent residence overseas (i.e., outside Mainland China, Hong Kong SAR, Macau SAR and Taiwan) and (ii) has been residing overseas for at least one year immediately before the submission of the application and the application is submitted from overseas.

Quality Migrant Visa

The Quality Migrant Admission Scheme is available for highly skilled foreign nationals. Applicants do not need to have an offer of employment prior to application. They are required to fulfil a set of prerequisites before they can be further assessed via General Points Test or Achievement-based Points Test.

Applicants must meet the prerequisites as follows:

1. Must be aged 18 or above
2. Must be capable of supporting and accommodating himself/herself (including dependant(s) if applicable) without relying on public assistance
3. Must not have any criminal record or adverse immigration record in Hong Kong or elsewhere
4. Must have a good educational background. Under special circumstances, proven professional qualifications and abilities with evidentiary support would be considered.

There are two types of points-based assessments: the General Points Test and the Achievement-based Points Test.

The General Points Test includes 6 aspects and 12 assessment criteria:

The prevailing passing threshold is 6 out of 12. Applicants must meet the passing threshold before they can submit the application via the online application system. The Achievement-based Points Test is for individuals with exceptional talent or skills and requires that they have either received exceptional achievement awards (e.g., Olympic medal, Nobel prize) or can prove that their work has been recognized by industry peers or has significantly contributed to the development of the foreign national's field (e.g., lifetime achievement award from an industry). An applicant who is considered to have met one of the above criteria will pass the assessment route and be selected for further assessment by the Assessment Panel, otherwise the application will be refused immediately.

Applicants who meet the assessment criteria under either the General Points Test or Achievement-based Points Test will be considered. The more criteria they meet, the more likely the application will be successful. The director of immigration may seek advice from a high-level Assessment Panel chaired by the Secretary for Labour and Welfare. The Assessment Panel will take a holistic view of manpower requirements in different sectors and industries, socio- economic needs of Hong Kong and other relevant factors and advise the director of immigration on applicant’s suitability. The selection is on a merit basis according to the circumstances of each case and the above-mentioned factors. Foreign nationals from Afghanistan, Cuba or the Democratic People's Republic of Korea are not eligible under the Quality Migrant Admission Scheme.

New Capital Investment Visa

The New Capital Investment Entrant Scheme (New CIES) aims to attract talent and capital to Hong Kong by strengthening its asset management, financial, and professional services sectors. Eligibility criteria include:

• Age: 18 or older at the time of applying for net asset assessment to Invest Hong Kong (InvestHK).
• Scope: Open to foreign nationals; Chinese nationals with permanent residency abroad; Macau SAR residents; and Chinese residents of Taiwan.
• Net Assets: Must show net assets of at least HKD 30 million (or equivalent) over the six months before application, including beneficially owned joint assets.
• Investment: Minimum investment of HKD 30 million in approved assets.
• Adverse Record: No adverse immigration record; must meet standard immigration and security checks.
• Self-Sufficiency: Must prove ability to support self and dependants without relying on investment returns or public assistance. Dependant entry is subject to prevailing policies.

Foreign nationals of Afghanistan, Cuba, and North Korea are not eligible for the scheme.

Foreign nationals not subject to a limit of stay in Hong Kong SAR (i.e., foreign nationals who are Hong Kong SAR permanent residents, residents with the right to land or on unconditional stay), may sponsor their spouse, the other party to their same-sex civil partnership, same sex civil union, same sex marriage, opposite sex civil partnership or opposite sex civil union, unmarried biologically related or formally adopted dependent children under the age of 18 and dependent parents aged 60 and above to take up residence in Hong Kong SAR as their dependents.

Foreign nationals and Mainland China nationals admitted to Hong Kong SAR to take up employment, invest, train, study in full-time undergraduate or post-graduate programs in local degree-awarding institutions or who are admitted to remain in Hong Kong SAR under the Capital Investment Entrant Scheme, the Quality Migrant Admission Scheme, the ASSG, the TTPS, the TechTAS or the New CIES may sponsor their spouse, the other party to their same-sex civil partnership, same sex civil union, same sex marriage, opposite sex civil partnership or opposite sex civil union and unmarried biologically related or formally adopted children under the age of 18 for dependent visas.

Dependent visa holders are free to study and work in Hong Kong SAR without needing to apply for separate visas (except for dependents sponsored by student visa holders), if their principal sponsor maintains their resident visa status or their sponsors are not subject to a limit of stay in Hong Kong SAR.

Under current immigration policy, children born by surrogacy are not eligible for dependent visas but may be able to obtain prolonged visitor visas. The HKID has sole discretion when issuing a prolonged visitor's visa.

Mainland China nationals residing in Mainland China (except for those whose sponsors hold an employment visa, employment (investment) visa, training visa, student visa and visas under the Quality Migrant Admission Scheme, Capital Investment Entrant Scheme, ASSG, the TTPS, the TechTAS or the New CIES), are not eligible for a dependent visa. Additionally, the dependent entry arrangements do not apply to former Mainland Chinese residents residing in Macau SAR who have acquired residence in Macau SAR through means other than the One-way Permit Scheme and nationals of Afghanistan and the Democratic People's Republic of Korea.

Once a foreign national (including a Mainland China national) has secured the appropriate resident visa, they must register for a Hong Kong SAR Identity Card with the Registration of Persons Office if they are permitted to reside in Hong Kong SAR for more than 180 days.