Our clientele have been a similar sex partner pair from Australia. Susan was a Forex trader Operating for a boutique buying and selling issue in Sydney and her Lifestyle Partner, Judith, owned and operated a small graphics layout company.
Susan was a senor govt in her employer’s organisation and had been tasked with relocating to Hong Kong to ascertain a fresh satellite operation during the HKSAR. Judith was intending to accompany Susan to the duration of her relocation which was scheduled to final three many years.
There have been three immigration troubles connected with this individual challenge:
one – The business was to generally be recently founded, indicating the Hong Kong Immigration Division (“HKID”) must understand the bona fides from the business from scratch as the sponsor-employer experienced no previous immigration profile.
two – The organization could be subject to rigid SFC licensing problems which might impact on the timing and availability of visa permission for Susan.
3 – As non-common relatives, Judith wouldn’t be authorized a dependent visa which meant that Distinctive emphasis would need to be put on the nature from the Life Partnership which Judith and Susan liked to help a protracted customer visa for Judith to accompany Susan through her secondment to Hong Kong.
This necessitated 3 significant sets of documentation worries.
We needed to carefully coordinate Using the blue chip law firm instructed to show up at to the company establishment and SFC licensing purposes, thereby ensuring the new Hong Kong business enterprise as employer-sponsor would be capable of move muster Along with the HKID.
We worked directly with Susan in accumulating with each other the requisite information on her recent employer in Australia, for, as an inter company transferee moving to your freshly set up organization during the HKSAR, the Immigration Division would search carefully at the bona fides in the Australian parent Procedure and acquire convenience from that profile to become satisfied that, in truth, the recently recognized business in Hong Kong would in essence be of the identical ilk and calibre.
We also worked instantly with Judith who managed the training of compiling the documentation substantiating the profoundly committed, loving mother nature of her romantic relationship with Susan AND The reality that her business enterprise in Australia would continue in the course of their stay jointly in Hong Kong delivering an independent signifies for Judith to contribute to the price of their joint lives Though Susan might be serving the part of financial guarantor and sponsor for Judith’s home listed here.
Specified the rather sophisticated mother nature of the situation along with the pretty own, Expert characteristics of Susan and Judith them selves, the visa hong kong exercise of collecting the documentation was really clear-cut. Nevertheless, 3 level to note is often created:
1 – The profitable SFC licensing of both equally Susan and The brand new firm in Hong Kong was a needed pre-problem for visa acceptance finally. Therefore the processes leading to these licenses needed to start BEFORE the applying was submitted and expectations established that visas might be granted Following the consents were finalised. It is actually unreasonable to be expecting the HKID to authorise employment for unlicensed businesses.
two – There was a chicken and egg style quality to this example given that the SFC license could only be granted to an individual with requisite Hong Kong immigration permissions and visas could only be granted the place SFC licensing was in position. Thorough timing and coordination of the application paperwork and interactions Together with the HKID ensured this conundrum was in the end defeat.
3 – Mainly because it took place Judith and Susan Each individual owned their own personal houses in Australia, Though that they had lived collectively in one of these for quite a few many years. Therefore, they had been not able to exhibit towards the HKID joint assets ownership or a household tenancy in the two of their names. Nonetheless, they had appointed each other as the only beneficiaries of their mutual wills a while Earlier which fact, along with an assortment of other documentation which spoke for their apparent existing cohabitation, family guidance for their connection and Australia tax returns each indicating one other as in receipt of certain loved ones tax benefits, served to overcome this lacuna inside their paperwork.
Obviously, each circumstances ended up accepted, Susan acquired her work visa and Judith her prolonged visitor visa.