Some of the main reasons why American nationals choose to immigrate to Hong Kong from the US include the dynamic business environment, the employment opportunities, and the fact that the Special Administrative Region is a known global business hub. The immigration experts at our law firm in Hong Kong present the conditions that apply to those seeking to remain in Hong Kong for medium to long-term purposes.
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Hong Kong entry conditions for US nationals
U.S. citizens are not in need to obtain a visa to enter Hong Kong. However, this does not mean that they can stay indefinitely.
Special arrangements are to be made to obtain a temporary resident permit, according to their reason for remaining in the city. The main types of temporary residence permits are listed below by our attorneys in Hong Kong, according to the purpose of stay.
Those who wish to move to Hong Kong from the US are advised to begin the relocation process in advance and start preparing their documents accordingly. A properly submitted set of paperwork will increase the chances of having the temporary residence permit approved on the first submission. Otherwise, the authorities will request additional supporting documents, and the process is extended.
Special consideration should be awarded to the “Investment as Entrepreneur” visa in the sense that the applicant is required to comply with the conditions for company incorporation in Hong Kong. For this purpose, our Company Law experts can assist with the complete company registration process, which is a condition for those who base their residency on making a business investment in the Special Administrative Region.
American citizens who have lived in Hong Kong for several years are able to apply for permanent residence – a key step to consider for all those who wish to immigrate to Hong Kong from the US.
Types of temporary residence permits in Hong Kong
U.S. nationals who wish to enter Hong Kong and remain for a lengthy period must have a genuine reason for their prolonged stay. This can include the following:
- General employment: the applicant applies for a genuine job vacancy and has adequate skills/educational background and has a confirmed offer of employment;
- Talents and professionals employment: similar to the conditions above, with an important note that he or she has special achievements, professional abilities or experience, as supported with relevant evidence;
- Investment: the applicant interested to immigrate to Hong Kong from the US is able to make a substantial contribution to the economy of Hong Kong; applications for start-up businesses are also accepted;
- Student: the U.S. applicant is admitted to a private school, to a locally-accredited program of various educational degrees; special age conditions apply (for example, one should be under the age of 20 for secondary education).
Other categories of visas are also in place for residence as dependant, for those employed as imported workers or as foreign domestic helpers.
Spouses of American citizens who are already Hong Kong residents (either temporary or permanent) can apply for a spouse visa, subject to certain requirements.
Other conditions apply for these types of visas that allow the holder to remain in Hong Kong for a long period. The Immigration Department sets forth certain rules and compliance requirements and our team of lawyers in Hong Kong can give you more details on the currently applicable regulations.
General and particular criteria for visas and entry permits in Hong Kong
As previously stated, there are several types of visas or entry permits for those who are interested in entering the Special Administrative Region for temporary purposes (that can be subject to extension). Our team lists some of the general admission criteria below:
- The applicant must have no security objection against him or her and no record of a serious crime committed;
- The US national must show proof of a good educational background (both in the case of the employment and the investment visas), demonstrated through their degrees or other qualifications;
- General supporting documents include recent photographs and a valid travel document;
- Non-refundable applications fees are imposed by the Immigration Department. The payment can be made by credit card.
Visa/entry permit application processing time
Foreigners who want to immigrate to Hong Kong from the US are interested in the processing times when they submit their visa or entry permit application, which will later allow them to acquire temporary residency.
While processing times vary, the immigration experts at our Hong Kong law firm outline the general duration one can expect for the processing of their application:
- 4 weeks for the processing of an Investment as Entrepreneur visa;
- 4 weeks for the visa application submitted under the General Employment Policy Scheme;
- 6 weeks for the processing of a visa for students;
- 6 weeks for processing an entry permit for residence as dependant.
Please keep in mind that these processing times are estimated for the receipt of a complete set of documents per application by those who wish to relocate to Hong Kong from the US. The Immigration Department cannot start the process if the applicant does not submit all of the required forms and documents, along with the required fee. Therefore, the processing time is calculated after the receipt of a complete set of documents.
Permanent residence in Hong Kong
Obtaining permanent residence is essential for those who are willing to immigrate to Hong Kong from US. This is done after the American citizen has lived for a certain period in Hong Kong. We list some of the key criteria below:
- Continuous residence: the applicant must have had a continuous period of seven years of ordinary residence;
- Statement: the individual will submit a special statement declaring that he or she has taken Hong Kong as the place of permanent residence;
- Proof: along with the statement for the permanent place of residence, the individual will also provide proof that he or she has the means to support oneself and the family, where applicable, as well as that he or she has paid the due taxes according to law;
- Others: a non-Chinese foreign national can be a permanent resident if the person was settled in Hong Kong just after 1 July 1997; our lawyers in Hong Kong can provide more information on the transitional arrangements that are related to this procedure.
Acquiring residency in Hong Kong is possible for US nationals once they have lawfully spent seven years in the Special Administrative Region. During this time, the American citizen will need to have met the clear conditions for holding and renewing the residence documents, according to the purpose of stay. It is also important to note that an individual application is submitted for this purpose.
The immigration experts at our law firm in Hong Kong are able to provide you with complete details on all the applicable requirements as well as assist you when submitting the application to the Immigration Department.
Contact our team of immigration lawyers if you wish to relocate or immigrate to Hong Kong from US.