Hong Kong is one of the best locations to establish a successful business, making it a global business hub. Moreover, hiring foreign employee can help Hong Kong businesses expand their reach and tap into the global landscape. Indeed, the dynamic business environment, world-class infrastructure, and excellent connectivity make Hong Kong the perfect place to start a business. However, it is essential to follow all the steps correctly in the process of hiring foreign employees in Hong Kong.
This article will guide you through the process and cover the key aspects of hiring foreign employees, including visa requirements and paperwork. By the time you finish reading this article, you will have a complete understanding of the hiring process and regulatory requirements.
Understanding the Right to Work in Hong Kong for Foreigners
Non-residents generally require a work visa to be employed in Hong Kong. They are required to obtain a valid employment visa before starting work in the company. The General Employment Policy (GEP) is the primary route for hiring foreign employees in Hong Kong. This requires both the employer and the employee to meet specific requirements to hire foreign employees. The Immigration Ordinance governs the issuance of the employment visa. Its responsibility is to ensure that the employment visa is issued correctly and that it does not adversely affect local employment opportunities.
Having a work visa is essential for individuals in Hong Kong; however, some may not require one. The categories of individuals who may not need a Hong Kong work visa include specific short-term visitors and dependents under certain conditions. These categories can be complex, and it is best to seek guidance from the Hong Kong Immigration Department to clarify the requirements. Employers play a crucial role in sponsoring foreign employees for work visas. They guarantee that the individual is granted an employment visa on time and adheres to all the rules set by Hong Kong immigration.
Key Requirements for Hiring a Foreign Employee
The following are some of the key considerations when hiring foreign workers in Hong Kong.
1. The Job Offer
The necessity of a real job opening must be clearly stated by the employer when seeking a foreign employee. Candidates are required to list the functions and skills needed for the person taking on the particular role. You should help people whose skills or education are not present locally.
2. The Foreign Employee’s Qualifications and Experience
To work in Hong Kong, employees must hold the necessary educational and experience certificates. Your resume may indicate that you hold a degree from a university, possess extensive technological expertise, and have received positive recommendations from your employers. All of these things should match the offered position for the employee’s hiring to be regarded as valid.
3. Salary and Benefits
The salary offered to the employee should be competitive and commensurate with the position and the employee’s skills. According to Hong Kong’s market, employers should provide the main salary, bonuses, housing allowances, and other benefits for similar jobs.
4. No Local Suitable Candidate
It is the Immigration Department’s responsibility to ensure that no local candidate is suitable to fill the position. The employer is responsible for providing evidence that no suitable candidate is available for the position. You can demonstrate this through efforts to record and interview job candidates.
The Hong Kong Employment Visa Application Process
The detailed Hong Kong employment visa application process for foreigners is as follows.
1. Employer’s Application for Employment Visa
The application process begins with gathering the necessary documents and completing the application form. The employers sponsor a foreign employee for a Hong Kong work permit. They complete the application form (ID 990B) and submit it to the Immigration Department. Some supporting documents must also be submitted along with the application form. This may include company registration, proof of financial standing, and company background information, such as the business structure. It is also necessary to provide a business plan that includes details of duties, wages, and benefits, as well as recruitment records. Once all the required materials have been submitted, applicants must pay the application fee to the Hong Kong Immigration Department.
2. Employee’s Application
The next comes the employee. They need to provide personal information and supporting documents to obtain an employment visa. They need to complete the application form (ID 990A) and submit it to the Immigration Department. The supporting documents required for submission include a recent passport-sized photograph, a valid passport, proof of academic qualifications, relevant work experience, and any other documents requested by the authorities. After submitting the application form and supporting documents, an application fee must also be paid to the Hong Kong Immigration Department.
3. Submission and Processing
The completed application form can be either submitted by the sponsor in Hong Kong or by the applicant at a Chinese embassy or consulate. Hence, the processing time depends on the complexity of the application and the completeness of the documentation. Indeed, the processing time for a Hong Kong work visa sponsorship typically ranges from 4 to 8 weeks. However, to ensure the process is not delayed, please provide all the correct information and documents by the specified deadline. Any additional documents may be requested by the immigration officer, which could prolong the processing time.
4. Visa Approval and Collection
Once the visa application is approved, the Immigration Department will email you the result and request that you print the visa label. Applicants must affix this visa label to their passports. Foreign employees can then enter Hong Kong and commence their employment. The initial visa is typically valid for 24 months or until the expiration date of your passport, which can be extended if the employment relationship is maintained and all necessary conditions are met.
Essential Paperwork and Documentation
Here is a recap of the key documents needed to hire overseas staff in Hong Kong.
1. Employer Documents
- Completed application form (ID 990B)
- Business Registration Certificate
- Financial statements
- Detailed business plan
- Recruitment records
- Audit reports
2. Employee Documents
- Completed application form (ID 990A)
- A recent passport-sized photograph
- Passport
- Proof of academic qualifications
- Relevant work experience
- Applicant’s CV
It is of extreme importance to provide accurate and complete documentation to the Immigration Department of Hong Kong. Although you can ensure there are no delays and avoid paying fines by taking care of the application process. You may need to notarize or certify some of your documents before sending them to an institution. Therefore, it is advisable to become familiar with these requirements as soon as possible in the process. Also, storing represents a smart move for the applicant.
It can help in future references and facilitate any potential renewal or extension processes.
Costs Involved in Hiring a Foreign Employee
The detailed cost of hiring foreign employees in Hong Kong is given below.
1. Employer Costs
- Potential relocation assistance
- Legal and administrative expenses
- Onboarding and training costs
2. Employee Costs
- A visa application fee of HKD600 is required.
- Fee for a medical evaluation
- Costs connected with moving from one place to another
The expenses vary depending on the individual’s situation and the rules established by their company. Both parties should ensure their budgets are proper and reasonable so that they can manage their finances better. In fact, finding candidates might go well, and the chances of financial management mistakes can be lowered.
Post-Arrival Procedures and Employer Responsibilities
After entering Hong Kong, foreign employees must apply for a Hong Kong Identity Card within 30 days of arrival. It is the employer’s responsibility to comply with local employment laws, including adhering to the Employment Ordinance and Minimum Wage Ordinance, and enrolling employees in the Mandatory Provident Fund (MPF) scheme. Maintaining accurate employment records, keeping track of visa expiry dates, and facilitating timely visa renewals are also the responsibilities of employers.
Start Your International Hiring Journey in Hong Kong
The process of hiring a foreign national employee in Hong Kong is relatively straightforward. In fact, the employer initiates the process by completing the application form (ID 990B) and providing the required documents. The employee submits the application form (ID 990A) along with supporting documents, such as a passport and academic qualifications. Employing people from diverse backgrounds offers numerous benefits and enhances your competitiveness globally. If you work with a professional, completing the process and getting a work visa will be much simpler.
