Hong Kong Work and Very same Spouse Visa for Hong Kong – A Case Study

Our clients had been a exact same sex partner pair from Australia. Susan was a Foreign exchange trader working for a boutique buying and selling problem in Sydney and her Lifestyle Companion, Judith, owned and operated a tiny graphics design and style agency.

Susan was a senor executive in her employer’s organisation and experienced been tasked with relocating to Hong Kong to establish a new satellite procedure in the HKSAR. Judith was planning to accompany Susan for the duration of her relocation which was scheduled to last three many years.

There were three immigration challenges linked with this specific undertaking:

1 – The company was to be recently proven, that means that the Hong Kong Immigration Section (“HKID”) would have to understand the bona fides of the company from scratch as the sponsor-employer had no preceding immigration profile.

2 – The business would be subject to rigorous SFC licensing situations which would effect on the timing and availability of visa authorization for Susan.

three – As non-classic loved ones, Judith would not be permitted a dependent visa which meant that special focus would have to be put on the mother nature of the Lifestyle Partnership which Judith and Susan enjoyed to allow a extended visitor visa for Judith to accompany Susan in the course of her secondment to Hong Kong.

This necessitated a few significant sets of documentation issues.

fastlanehr.hk/payroll-outsourcing/ had to intently coordinate with the blue chip regulation firm instructed to attend to the company establishment and SFC licensing applications, therefore guaranteeing the new Hong Kong company as employer-sponsor would be able to move muster with the HKID.

We labored straight with Susan in gathering with each other the requisite information on her present employer in Australia, for, as an inter business transferee relocating to a freshly proven company in the HKSAR, the Immigration Section would appear closely at the bona fides of the Australian mother or father operation and take comfort from that profile to be satisfied that, without a doubt, the freshly recognized company in Hong Kong would in essence be of the very same ilk and calibre.

We also worked directly with Judith who managed the exercise of compiling the documentation substantiating the profoundly committed, loving nature of her relationship with Susan AND the fact that her business in Australia would have on for the duration of their continue to be collectively in Hong Kong supplying an unbiased signifies for Judith to lead to the price of their joint lives even although Susan would be serving the part of financial guarantor and sponsor for Judith’s home listed here.

Presented the fairly sophisticated character of the scenario and the extremely individual, specialist traits of Susan and Judith on their own, the exercising of collecting the documentation was fairly uncomplicated. Even so, 3 point to notice can be manufactured:

one – The successful SFC licensing of both Susan and the new firm in Hong Kong was a essential pre-condition for visa acceptance in the end. This means that the procedures top to these licenses had to begin Just before the software was submitted and anticipations set that visas would be granted After the consents had been finalised. It is unreasonable to assume the HKID to authorise work for unlicensed businesses.

two – There was a rooster and egg type good quality to this scenario as the SFC license could only be granted to a particular person with requisite Hong Kong immigration permissions and visas could only be granted in which SFC licensing was in area. Cautious timing and coordination of the application paperwork and interactions with the HKID ensured that this conundrum was ultimately defeat.

3 – As it occurred Judith and Susan every single owned their own homes in Australia, though they had lived jointly in one of them for many several years. For that reason, they have been unable to present to the HKID joint home ownership or a residential tenancy in each of their names. Even so, they experienced appointed each and every other as the sole beneficiaries in their mutual wills some time earlier and this reality, jointly with an array of other documentation which spoke to their obvious present cohabitation, family members assistance for their relationship and Australia tax returns each and every indicating the other as in receipt of certain household tax positive aspects, served to get over this lacuna in their paperwork.

Needless to say, equally situations had been authorized, Susan obtained her work visa and Judith her prolonged visitor visa.

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