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Immigration Guide for Hong Kong Residents Relocating to the UK
The UK immigration system has undergone recent changes, and it is important to stay informed to ensure compliance and maintain your property ownership rights. This guide will provide you with a brief overview of the key visa options for individuals from Hong Kong, to consider.
| SHORT TERM | LONG TERM |
| Currently Hong Kongers do not require a visa to enter the UK for short-term stays for purposes such as tourism, leisure or business. However, the UK electronic travel authorisation (ETA) for Hong Kong travellers will become a mandatory requirement in late 2024, when the official launch is expected. | Hong Kongers who plan on visiting the UK for the long term or with the intention to settle in the UK will need a visa specific to their needs.The well-known BN(O) visa route is clearly very attractive but there are still many other immigration options available for Hong Kongers who are not eligible or who do not wish to apply under the BN(O) visa route. |
Is There A ‘6-Month In 12 Months’ (Or 180 Day A Year) Rules?
This is the most common immigration myth, and you may be pleased to know that there is actually no such rule. There is no specified maximum period in the immigration rules that an individual can spend in the UK as long as each visit does not exceed the maximum period for that visit, normally 6 months. However, if it is clear from your travel history that you are seeking to remain in the UK for extended periods or making the UK your home, the entry to the UK will be refused. This is because longer periods of stay in the UK comes with a rebuttable presumption of ‘non-genuine visit’. Nevertheless, spending over 183 days in the UK in any tax year may trigger UK tax residency.
Are You An Innovative Entrepreneur?
Innovator Founder visa opened in April 2023, designed for individuals who wish to set up and run a UK-based enterprise, without the need to show any initial capital to invest in the business and allowing you to take employment alongside running your own business. A key requirement is that you must be endorsed by a Home Office approved endorsing body who will then assess your business in the aspects of innovation, viability, and scalability. Therefore, a meticulously researched and well-structured business plan is crucial for the application and we, Quastels LLP, has a track record of securing endorsements for game-changing ventures, like a recent beverage company leveraging the metaverse and NFT tech.
Do You Have A Job Offer From A UK Business Partner Or Work Closely With A UK-Based Business Partner?
The UK’s main work visa route is called Skilled Worker visa, which is under a sponsorship system. This means you cannot simply apply for this visa unaided and securing a job offer from a UK business is a prerequisite for this visa route.There are currently over 61,153 licence holders in the UK but you may not be aware that any UK employer who is a legitimate business trading in the UK is eligible to apply for a sponsor licence, including a one-person business. Therefore, although the Register of licenced sponsors list is an extremely helpful tool to look for visa sponsorship, don’t limit yourself to any possibility.
Is Your Company Looking To Expand To The UK?
Global Business Mobility visa provides five pathways for overseas firms to establish a UK footprint or transfer staff to the UK. If you own or are employed by an overseas company, this visa allows you to enter and work in the UK as a representative of your company, then potentially be sponsored by the UK establishment and switch into the above-mentioned Skilled Worker route.
Are You A Talented And Promising Individual?
Global Talent visa is one of the most interesting types of visas as it covers a wide range of industries such as science, research, engineering, humanities, social science, medicine, architecture, digital technology, arts and culture, fashion, film, and television.
The most complex part of the process is to get endorsed by a Home Office approved endorsing body who will assess your career history including your international standing, the significance of your work and the impact of your activity in a company or as an individual. Each endorsing body has very different criteria and so it is crucial that you thoroughly read and understand their specific assessment criteria.
Are You Aged 18 To 30?
Youth Mobility Scheme visa is designed to enable people aged 18-30 to live and work in the UK for two years. It is straightforward to apply for, however, you should be aware that there is a cap of 1,000 places for Hong Konger and you must be selected in the ballot, which is typically opened in January and July each year.
Are You A Graduate Of Chinese University Of Hong Kong Or University Of Hong Kong In The Last 5 Years?
High Potential Individual visa allows recent graduates of a top global university to live and work in the UK without any sponsorship for two years (or 3 years for PhD or other doctoral qualification), which means you will not be tied to a particular job, you can be employed or self-employed.
Are You Looking To Join An Internship Programme In The UK?
Government Authorised Exchange visa is for individuals who want to come to the UK for a short time for work experience for up to 12 months or to do training, research or an Overseas Government Language Programme for up to 24 months.
Finally…
Owning to the UK’s colonial history with Hong Kong, you may want to explore whether you have a claim to British citizenship under the British Nationality (Hong Kong) Act 1990.
For example, if one of your parents were granted British dependent territories citizenship by the Hong Kong government between January 1983 and June 1997, amongst other ways to potentially qualify through a British parent, ancestor or colonial connection.
Conclusion
Changes to the Immigration Rules in recent years have created many new opportunities for people to relocate to the UK.
However, navigating the UK visa system can be complex and the Immigration Rules contain strict requirements.
Consulting with an experienced immigration lawyer at Quastels LLP is crucial to ensure you understand the most appropriate visa options and comply with all legal requirements. Our team is here to guide you through the process and provide tailored advice based on your unique circumstances.
To discuss any of the points raised in this article, please contact Cheryl Ma or fill in the form below.
How Long Can I Stay in the UK on a Visit Visa?
If you are considering a trip to the UK, you may require a Visit visa to enter and remain for the duration of your trip. Visit visas enable tourists to explore the UK. However, it is imperative to understand the limitations regarding the maximum length of stay as a visitor in the UK.
There is no 180 day a year rule for visitors to the UK.
A common misconception is that there is a maximum permitted stay of 180 days in a year. The misconception surrounding the ‘180-day rule’ simply does not exist. It is however worth noting that spending over 183 days in the UK in any tax year may trigger UK tax residency.
Whilst such a rule does not exist, individuals who abide by these rules do tend to have less trouble being granted entry to the UK, as visitors. This is because remaining in the UK for long periods of time whilst on a Visitor visa does increase the risk of being refused a visa for the next trip as it could be an indication that the visit is not genuine.
Visit visa holders must still abide by the expiry date. The misconception is that a visitor can only enter for up to six months within a year (or within 12 months). The fact is that an individual can technically enter for up to six months and if you are granted a visa not long after, can re-enter for a further six months (subject to several points in the post below).
Immigration Rules For A Visitor
The visit rules are set out at Appendix V to the Immigration Rules. A visitor is defined as
a person who wants to visit the UK for a temporary period, (usually for up to 6 months), for purposes such as tourism, visiting friends or family, carrying out a business activity, or undertaking a short course of study.
Visitors from a country on the visa national list must obtain a visit visa in advance of travel to the UK. Non-visa national visitors can normally just travel to the UK and seek entry as a visitor at the border on arrival.
Maximum Length Of Stay Per Visit
The maximum duration of stay in a standard visit is six months. For ‘visa nationals’ (those required to obtain entry clearance prior to travelling to the UK) the six-month period will be stated on their entry clearance vignette.
The six-month limit on any one stay applies even if someone holds a visit visa which is valid for a longer period of time. E.g., a two, five, or ten year multi-entry visa. The holder is permitted to remain in the UK for a maximum of six months from the date of entry or until the expiry of the visa (whichever is soonest). It is worth noting that every time an individual arrives at the border, the immigration officer will consider whether the individual is suitable to be granted entry within the limitations of the visit visa rules.
After a visit has concluded and the visitor has departed the UK, there is nothing preventing an individual from applying for a fresh visit visa, or seeking entry at the border, subject to them continuing to meet the Immigration Rules under Appendix V.
What Are The Requirements For Entry As A Visitor?
The decision maker will consider the intention and genuineness of a visit. A visitor must also show they meet Appendix V of the Immigration Rules:
The rules state:
V 4.2. The applicant must satisfy the decision maker that they are a genuine visitor, which means the applicant:
- will leave the UK at the end of their visit; and
- will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
- is genuinely seeking entry or stay for a purpose that is permitted under the Visitor route as set out in Appendix Visitor: Permitted Activities and at V 13.3; and
- will not undertake any of the prohibited activities set out in V 4.4. to V 4.6; and
- must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds, including the cost of the return or onward journey, any costs relating to their dependants, and the cost of planned activities such as private medical treatment. The applicant must show that any funds they rely upon are held in a financial institution permitted under FIN 2.1 in Appendix Finance.
Frequent And Successive Visits
Whilst there is not a limitation on the maximum number of days spent in the UK (albeit based upon individual tranches of visits for up to six months) the Immigration Rules do state:
V 4.2(b):
[the applicant] will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home.
How do the Home Office assess how a decision maker should determine a visit visa applicants’ case?
The Home Office has published further guidance on how a decision-maker should assess this aspect of a visit visa applicant’s case. Officials are directed to look at factors such as:
- previous immigration history
- duration of previous visits and whether this was significantly longer than originally stated on their visa application or on arrival
- the cumulative period of time the applicant has visited the UK and their pattern of travel over the last 12-month period, and whether this amounts to ‘de-facto’ residence in the UK
- whether, in the official’s judgment, the information and the reasons for the visit or for extending their stay are credible and correspond to their personal, family, social and economic background
However, the Home Office do state in their guidance:
“if it is clear from an applicant’s travel history that they are seeking to remain in the UK for extended periods or making the UK their home you should refuse their application”
Conclusion
It is important to adhere to Appendix V of the Immigration Rules, if a border officer determines that someone is not a genuine visitor, they can be refused entry and placed on a flight home immediately. A visit visa refusal does not yield a right of appeal against the decision; the only remedy is judicial review.
It is imperative that visitors adhere to the rules and satisfy the decision maker that their visit is genuine.
Whilst it is possible to remain in the UK for more than six months (for no more than six months in one visit) it is not advisable to do so. If a visitor spends cumulatively more than six months in the UK they are spending the majority of their time in the UK. Immigration officials can construe this as being indicative of an individual making the UK their Home.
Individuals who keep their time spent in the UK under six months in any year run less of a risk of being accused of making the UK their main Home and therefore have a higher prospect of being granted entry as a visitor in the future.
To discuss any of the points raised in this article, please contact Jayesh Jethwa or fill in the form below.
We want you to WANT to be here – Employees Quietly Quitting
Employee engagement is a real concern for employers.
While it is probably not a new concept, there is now a label for employee disengagement and apathy known as ‘quietly quitting.’
This is a state where employees do the job they are employed to do with no problems or concerns however, they are emotionally detached from any ambitions for the company, its success, growth or development. They simply ‘clock in’ and ‘clock out.’
Why Are Employees Quietly Quitting?
You might wonder, what’s wrong with that? They’re doing the job and not causing any issues so why is this a problem?
Perhaps there isn’t, if as an employer, you have no sustainability goals for the company, do not wish to attract stakeholder investment, develop your brand or strive for larger market share.
With the digital age and an exponential increase in competition for market share, it is now more important than ever to have ‘buy in’ from employees so that they are committed to the aspirations and objectives of the company , wanting to want to be there and participate in its growth and success.
How Quiet Quitters Affect Long Term Business Goals
There is nothing to stop employees quietly quitting. As they would not be underperforming or misbehaving there would be little cause for HR intervention.
However, the quiet quitters pose a significant risk to employers by their failure to engage and participate in meeting the long-term goals of the business. Their stagnancy results in a lack of creative input, foresight and innovation.
It can also lead to low team morale where their disinterest waterfalls into the attitudes and behaviours of their teams perhaps even seeing enthusiastic individuals leave and move on to somewhere else.
How To Keep Your Employees Staying
Employers who want their employees to want to be there may give some consideration to the following:
- What are the values of the company and is this mirrored in the type of culture that exists?
- Are employees disengaged because they feel adrift from the mainland where decisions are made on assumptions of what employees want or need?
- How is employee appreciation expressed? If you want employee commitment and investment, how are you investing in them?
- How are you building trust with your employees? Employees who are emotionally invested will bring more to the table. Trust develops a good faith commitment and for the most part, people like to deliver their part of the bargain.
Rounding Up
Companies frequently spend thousands of pounds in developing brand image and in marketing their products and services. However, where there is a culture of quiet quitting inherent in the spine of the company, such investment is futile if your employees, who are the engine of the company, feel uninspired and unenthused to take relevant action towards achieving the company’s ambitions.
To discuss any of the points raised in this article, please contact Dipti Shah or fill in the form below.