Hong Kong’s immigration system is primarily governed by the Immigration Ordinance (Chapter 115) and its associated regulations. According to Article 154 of the Basic Law, Hong Kong retains its own immigration autonomy, permitting the HKSAR Government to control entry, stay, and exit independently.
Immigration Department
1. Key Legislation and Regulations
- Immigration Ordinance (Cap. 115): This foundational law covers the right of abode, visa requirements, and enforcement powers such as detention or removal.
- Immigration Regulations (Cap. 115A): These regulations lay out the conditions of stay for various categories of individuals. For example, visitors are strictly prohibited from engaging in any form of employment or starting a business.
- Basic Law Article 24: This article defines eligibility for permanent residency and the Right of Abode, which includes the right to enter and reside in Hong Kong without conditions on the length of stay.
2. Residency and Employment Rules
- Right of Abode & Permanent Residency: Foreign nationals may generally apply for permanent resident status after living lawfully in Hong Kong for a continuous period of seven years.
- Talent Admission Schemes: The government has recently enhanced programs to attract skilled professionals, including:
- Top Talent Pass Scheme (TTPS): Aimed at high-income earners and graduates from top universities. As of late 2024, the initial visa for high-income earners (Category A) has been extended to three years.
- Quality Migrant Admission Scheme (QMAS): A points-based system for highly skilled individuals.
- Immigration Arrangements for Non-local Graduates (IANG): Grants graduates a 24-month period to seek employment.
- Dependant Visas: Permanent residents or those on employment/study visas can generally bring their spouse and unmarried children under 18.
3. Major Offences and Penalties
Immigration laws are strictly enforced, with severe penalties for non-compliance:
- Breach of Conditions of Stay: This includes working with a visitor visa, which can result in a fine of HK$50,000 and up to 2 years in prison.
- Employing Illegal Workers: Employers may face fines of up to HK$500,000 and imprisonment for up to 10 years for hiring “prohibited employees,” including overstayers.
- Making False Statements: Providing false information to immigration officials can lead to a fine of HK$150,000 and a potential 14-year prison sentence.
4. Special Entry Schemes
- Mainland Residents: Entry for settlement is regulated through the One-way Permit Scheme, which has a daily quota of 150 individuals.
- Working Holiday Scheme: Available to nationals from participating countries (e.g., UK, Australia, Japan) aged 18–30, allowing for a stay of up to 12 months.
If you need information about a specific visa type or your eligibility for permanent residency, please let us know.