Work visa advice...

A uk-based company has offered me a job as a HK-based freelance editor. Although technically a freelance employee, the position would be full-time and I probably wouldnt have much time to freelance for other companies as well. They are willing to sponsor my work visa. Do freelance employees require a specific type of work visa? And is it possible for a non HK-based company to sponsor this visa (I would be establishing the company's presence in HK)? I would greatly appreciate any advice people could offer me on this.

Lucy,


It's possible to get a visa if this company is willing to sponsor you and they're going to offer you an employment contract and pay you a decent amount of money, but you would not be allowed to work for anyone else, so technically you'd be unable to freelance. Most people who work freelance in HKG are either permanent residents who do not have visa restrictions, or people on normal employment visas who are illegally doing freelance work and are breaching their visas.


The fact that the sponsoring company is non-UK based does not matter, as long as you're qualified to do the job, and that the position can't be easily filled by locals. The company also has to show that they have sufficient funds in their books. Just merely willing to sponsor you is not enough. Also, they have to be able to prove that the company will benefit the HKG economy (in other words, employ more local staff). Hope this has helped you.

Hi Shoe Girl,

Thank you very much for your help with this! I have spoken to the company offering me the job and they are willing to take me as a contracted employee as opposed to freelance. However, they are suggesting that I work without a work visa up unti April (to avoid paying HK tax on top of the UK tax i will have to pay until the end of the UK tax year). They say it would possible to do so if they claim to authorities that I am carrying out research to see whether or not I want to establish the business in HK. From my understanding, that would be illegal and if caught I would be the one held liable not the company. Am I correct in thinking this? Or is this something many people do? I would be very grateful for any advice you could give me!

Lucy, this is absolutely illegal. Not only will you get into trouble if you get caught, the company will also be in trouble for employing someobdy without a visa. If caught, you would jeopardise your chances of ever getting a visa here in Hong Kong, apart from perhaps getting deported back to your country of origin. Don't do it, it's not worth the risk. And be wary of a company that is telling you to break the law.