Longer Stays and Relaxed Criteria for Foreign Nationals in Hong Kong

In addition to the recent suspension of the Capital Investment Scheme, Hong Kong has announced plans to increase the allowable duration of stay for General Employment Policy (GEP), Admission Scheme for Mainland Talents and Professionals (ASMTP) and Quality Migrant Admission Scheme (QMAS) visa holders. Additional measures are expected to be implemented during the second quarter of 2015 to facilitate the stays of foreign nationals with international educational and professional experience. 

Enhanced Measures for GEP and ASMTP Visa Holders 

The initial duration of stay for GEP and ASMTP visa holders will be increased from one year to two years or the duration of the employment contract, whichever is shorter. 

Foreign nationals under these categories will also be able to extend their stays twice for three years at a time, or for as long as the employment contract lasts, whichever is shorter. 

Enhanced Measures for GEP Investment Stream 

Proprietors or partners of start-up businesses who wish to apply for an employment visa under the GEP investment stream will need to prove that their start-up is supported by a pre-qualified government-backed program. Applications will be subject to a rigorous review process. 

Foreign nationals under this category will also be able to extend their stays twice for three years at a time, or for as long as the employment contract lasts, whichever is shorter. 

Foreign nationals already in Hong Kong under this category will be able to submit an application for a three-year stay within four weeks of the expiration of their allowable stay. 

Enhanced Measures for QMAS Visa Holders 

Candidates for the QMAS category are ranked based on a points system for academic and professional achievements. The points system will be revised to facilitate the stays of foreign nationals with outstanding academic backgrounds and international work experience. Additional points will be granted to graduates of internationally-recognized institutions and those with at least two years of graduate or international specialist experience. 

Stay durations under the QMAS visa will be increased from the current extension scheme to an initial two-year period and two additional three-year extensions. Current QMAS visa holders will be able to apply for the relaxed extensions within four weeks of the expiration of their allowable stay. 

Top-Tier Stream 

Most importantly, top-tier GEP professionals (as opposed to entrepreneurs), ASMTP and QMAS visa holders may be eligible for a new six-year extension of stay with no additional conditions on the visa. Currently, such visas may be limited by employer-specific conditions. 

To be eligible for the top-tier six-year extension, applicants must have been granted a two-year professional employment visa in Hong Kong (QMAS visa holders must have instead resided in Hong Kong in QMAS status for at least two years) and had a verified income of at least HK$2 million (USD 257,990) in the previous tax assessment year. Applicants seeking the six-year extension must submit proof of income and other documents with their applications. 

Eligible GEP, ASMTP and QMAS visa holders already in Hong Kong will be able to apply for the six-year extension within four weeks of the expiration of their allowable stay. If they do not meet the experience and income criteria, they may be eligible for a three-year extension. 

Visa holders who do not qualify for the top-tier stream upon renewal but meet such criteria subsequently can apply for the six-year extension without waiting for their current visa to expire. 

What This Means Foreign Nationals 

Certain GEP, ASMTP and QMAS visa holders should benefit from longer stays and eligibility criteria which focuses on international experience. 

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected]. 

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