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The Hong Kong Special Administrative Region (HKSAR) is an inalienable part of the People's Republic of China but enjoys a high degree of autonomy over its affairs including immigration control. Article 154 of the Basic Law provides that the HKSAR Government may exercise immigration controls on entry into, stay in and departure from the HKSAR by persons from foreign states and regions. In other words, Hong Kong has maintained its own immigration control after its return to the Motherland, with autonomy over its immigration policy.
While facilitating the entry of genuine visitors and professionals to Hong Kong, the department spares no efforts in exercising strict visa control to safeguard the security of our country and of the HKSAR.
The Immigration Service in Hong Kong is committed to exercising effective immigration control and enforcing the laws, but equal emphasis is also placed on providing travel convenience and facilitation to tourists, business visitors and Hong Kong residents. The objectives of the department's work on visa control are therefore:
Persons who do not have the right of abode or right to land in Hong Kong require visas/entry permits before coming to Hong Kong for visit (except those who enjoy visa-free access under the prevailing immigration policy), employment, investment, training, residence or study. Such a pre-entry immigration examination system is effective in that it ensures only those who are qualified for entry under the prevailing immigration policy are admitted to Hong Kong. The system also ensures that undesirable persons are prevented from coming to Hong Kong.
Poster of electronic services for visa application of the department ('e-Visa' Services).
'e-Visa' Services is convenient and simple. Visa applicants can complete the whole application process online or through the department Mobile application.
'e-Visa' Services has been introduced since December 2021. Visa labels are replaced by e-Visas issued through electronic means.
Commanded by an Assistant Director, the Visa and Policies Branch is responsible for the policy formulation and implementation regarding visas/entry permits and extensions of stay. The branch comprises two divisions, namely the Visa Control (Policies) Division and the Visa Control (Operations) Division. Each division is headed by a Principal Immigration Officer. The major areas of work of the Visa and Policies Branch are:
Organisation Chart of the Visa and Policies Branch
Hong Kong has all along adopted an open immigration policy. Nationals of about 170 foreign countries and territories may come for business, social or pleasure visits visa-free for a stay ranging from 7 to 180 days.
There are separate arrangements for the entry of Mainland visitors. Those who wish to come to Hong Kong for visiting relatives or sightseeing should obtain an Exit-Entry Permit for Travelling to and from Hong Kong and Macao (EEP) and an appropriate exit endorsement from the Mainland authorities. They may stay in Hong Kong for a period from 7 to 90 days.
Visitors from the Mainland under the 'Individual Visit Scheme' are permitted to remain in Hong Kong for a period of not more than seven days upon each entry. Currently, residents of all of the 21 cities in Guangdong Province and 28 other cities, i.e. Beijing, Shanghai, Tianjin, Chongqing, Nanjing, Suzhou, Wuxi, Hangzhou, Ningbo, Taizhou, Fuzhou, Xiamen, Quanzhou, Chengdu, Jinan, Shenyang, Dalian, Nanchang, Changsha, Nanning, Haikou, Guiyang, Kunming, Shijiazhuang, Zhengzhou, Changchun, Hefei and Wuhan, may visit Hong Kong on an individual basis.
Residents of Shenzhen holding EEPs which bear the 'one trip per week' Individual Visit Endorsement may visit Hong Kong once a week from Monday to Sunday for a period of not more than seven days.
Mainland business people who wish to come to Hong Kong for business visits may apply to the Mainland authorities for business visit endorsements on their EEPs.
Taiwan residents holding a valid Mainland Travel Permit for Taiwan Residents, commonly known as 'Tai Bao Zheng', may visit Hong Kong and stay for up to 30 days.
Eligible Taiwan residents may submit pre-arrival registration on their own through the 'Pre-arrival Registration for Taiwan Residents' e-Service platform on the GovHK website free of charge. The computer system will process the registration and display the result instantly. Each pre-arrival registration is valid for two months and good for two entries to Hong Kong as a visitor for a stay of up to 30 days on each landing. As at 31 December 2021, there were over 3.2 million successful registrations.
At present, there are 19 APEC economies participating in and fully implementing the APEC Business Travel Card (ABTC) Scheme, namely Australia, Brunei Darussalam, Chile, the People's Republic of China, Hong Kong (China), Indonesia, Japan, the Republic of Korea, Malaysia, Mexico, New Zealand, Papua New Guinea, Peru, the Philippines, Russia, Singapore, Chinese Taipei, Thailand and Vietnam.
ABTC holders who have obtained pre-clearance from the participating economies may make multiple visa-free visits to these economies for a stay of up to two to three months on each occasion within the validity period of the card. ABTC holders visiting Hong Kong may use designated counters at control points of Hong Kong for immigration clearance. Those who have been granted pre-clearance by Hong Kong may also enrol for the e-Channel service.
ABTC holders may use the special service lanes at designated control points of participating economies regardless of whether pre-clearance has been granted by the economy concerned.
Special immigration lanes for ABTC holders are also provided by the United States and Canada at their international airports. However, ABTC holders are still required to meet the normal immigration requirements, such as presenting valid passports and, where applicable, visas of the United States or Canada.
As at 31 December 2021, over 110,000 ABTCs had been issued and over 670,000 requests for pre-clearance referred by other participating economies had been processed in Hong Kong.
The purpose of the 'Working Holiday Scheme' is to facilitate cultural and educational exchange and to strengthen bilateral relations between Hong Kong and the participating countries. Holders of national passports of the participating countries aged between 18 and 30, ordinarily residing in their home places and whose main intention of entry is holiday-making are eligible to come to Hong Kong under the scheme. Currently, the participating countries of the scheme include Australia, Austria, Canada, France, Germany, Hungary, Ireland, Japan, the Republic of Korea, the Netherlands, New Zealand, Sweden and the United Kingdom. Participants are allowed to stay up to 12 months in Hong Kong for holiday and may take up short-term employment during their stay. As at 31 December 2021, over 14,900 applications were approved by the department.
With effect from 23 January 2017, Indian nationals must apply for and successfully complete online pre-arrival registration before they can continue to enjoy 14-day visa-free visit or enter Hong Kong during transit (except those in direct transit by air and not leaving the airport transit area), unless they belong to one of the categories of persons who may continue to come to Hong Kong visa-free without pre-arrival registration. Indian nationals shall apply for pre-arrival registration through the 'Pre-arrival Registration for Indian Nationals' platform on the GovHK website. Pre-arrival registration is free of charge. The computer system will process the registration and display the result instantly. Each pre-arrival registration is valid for six months and good for multiple visits to Hong Kong visa-free for a stay of up to 14 days on each visit during the validity period. As at 31 December 2021, there had been over 966,000 successful registrations.
The department has kept the visa control system and processing procedures under constant review. New measures will be implemented as and when necessary to enhance the travel convenience for tourists and business people.
Multiple-journey visit visas may be issued to visa-required nationals who have a genuine need to visit Hong Kong frequently and have made three or more trouble-free visits to Hong Kong in the 12 months preceding the application, or can satisfy the department that their visits may bring benefits to Hong Kong.
In order to provide greater immigration convenience to Macao non-permanent residents, Macao non-permanent residents aged 11 or above holding a valid Visit Permit for Residents of Macao to HKSAR (Visit Permit) may, after successful enrolment, use the e-Channel service as visitors at various control points in Hong Kong on the strength of their valid and enrolled Visit Permits.
The government launched the 'Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong' on 29 June 2020 to facilitate the participation of eligible foreign nationals in arbitral proceedings in the HKSAR on a short-term basis as visitors.
Hong Kong welcomes talent, professionals and entrepreneurs from all over the world to work and stay in Hong Kong. They may enter Hong Kong under various talent admission schemes, including the 'General Employment Policy (GEP)', the 'Admission Scheme for Mainland Talents and Professionals (ASMTP)' and the 'Quality Migrant Admission Scheme (QMAS)'. To take a more proactive approach to recruit and retain talent and professionals from outside Hong Kong, the department has implemented a series of enhancement measures to refine the talent admission schemes in the following areas:
The department has also implemented facilitation measures for eligible employing companies and applicants under the GEP and the ASMTP since December 2021 to relax the requirements for documentary proof for:
The department implements and refines various visa schemes from time to time to encourage talent, professionals and entrepreneurs from all over the world to work and stay here.
Hong Kong is an international financial and business centre. Non-Mainland residents who possess special skills, knowledge or experience of value to and not readily available in Hong Kong and entrepreneurs who are in a position to make substantial contributions to the economy of Hong Kong may apply for entry to Hong Kong for employment/investment.
The department has relaxed the stay arrangements for professionals and entrepreneurs. The stay pattern of admitted talent and professionals under the GEP and the ASMTP has been adjusted. Entrants will be granted a stay of two years instead of one year upon entry, and the pattern of their subsequent extension of stay has been changed from '2+2+3' years to '3+3' years. For top-tier entrants having been permitted to work in Hong Kong for not less than two years and having an assessable income for salaries tax of not less than HK$2 million in the previous year of tax assessment, upon application for extension, a six-year extension on time limitation only without other conditions of stay may be granted. To facilitate the entry of entrepreneurs who wish to start up their businesses in Hong Kong, the department has specified the consideration factors for applications under the GEP investment stream such as business plans, financial resources, business turnovers, investment sums, the number of jobs created locally, and the introduction of new technology or skills. Applications from applicants who wish to establish or join in start-up businesses supported by government-backed programmes will also be favourably considered.
In 2021, 13,821 professionals of various sectors from more than 100 countries/territories were admitted to Hong Kong under the GEP for employment, either on a long-term or short-term basis, or for investment.
The objective of the ASMTP is attracting qualified Mainland talent and professionals to work in Hong Kong to meet the local demand for talent and enhance Hong Kong's competitiveness. This scheme has no sectoral restrictions. The abovementioned arrangements on the relaxed stay pattern and top-tier entrants are also applicable to professionals admitted under the ASMTP. As at 31 December 2021, over 150,000 Mainland talent and professionals had been admitted under the scheme.
Mainland professionals residing overseas are allowed to come to Hong Kong for employment, provided that they apply from overseas and have been residing overseas for at least one year immediately before the submission of the application. Between November 2000 and December 2021, over 8,800 Mainland professionals residing overseas were admitted to work in Hong Kong.
IANG was introduced to further attract non-local graduates to stay in/return to Hong Kong to work, so as to increase Hong Kong's human resources and competitiveness and enhance Hong Kong's attractiveness to non-local students.
IANG aims at attracting non-local graduates to stay in or return to Hong Kong to work after obtaining a bachelor's degree or a higher qualification in Hong Kong.
Non-local graduates refer to non-local students who have obtained a degree at undergraduate level or a higher qualification in a full-time locally-accredited local programme in Hong Kong. With effect from 14 May 2018, IANG has been extended to cover non-local students who have obtained an undergraduate or a higher qualification in a full-time locally-accredited non-local programme in Hong Kong.
Those who apply to stay and work in Hong Kong under IANG within six months after the dates of their graduation (i.e. the dates shown on their graduation certificates) are classified as non-local fresh graduates. They are not required to secure an offer of employment upon application. Returning non-local graduates are those who submit applications after six months from the date of their graduation. They are required to secure an offer of employment upon application. Their applications will be favourably considered so long as the job is at a level commonly taken up by degree holders and the remuneration package is set at market level.
Successful applicants under IANG who are able to meet the normal immigration requirements may be granted 12 months' stay without other conditions of stay. They are free to take up and change employment during their permitted stay without the need to seek prior approval from the department. As at 31 December 2021, over 105,000 non-local graduates had been approved to work in Hong Kong under IANG.
The government launched TechTAS in June 2018 to allow eligible technology companies/institutes to admit non-local technology talent to undertake research and development work in Hong Kong through a fast-track arrangement. Eligible technology companies/institutes would first have to apply for quotas. A company/institute allotted quotas by the Innovation and Technology Commission can accordingly sponsor eligible persons to apply to the department for employment visas/entry permits within the quota validity period.
The government introduced enhancement measures on 30 January 2020, including extending the coverage of TechTAS to all companies undertaking research and development activities in 13 designated technology areas (i.e. artificial intelligence, biotechnology, cybersecurity, data analytics, financial technologies, material science, robotics, 5G communications, digital entertainment, green technology, integrated circuit design, Internet of Things and microelectronics) in Hong Kong and extending the quota validity period from 6 to 12 months. As at 31 December 2021, a total of 275 applicants were admitted under TechTAS.
The Supplementary Labour Scheme was introduced to import workers on a limited scale for relieving shortage of labour by filling vacancies which could not be filled by local workers. The scheme is monitored by the Labour Advisory Board, which comprises representatives from employers and labour unions. As at 31 December 2021, over 55,000 workers had been admitted for employment under the scheme and over 5,100 of them were still working in Hong Kong. Imported workers are required to return to their places of origin on completion of their employment contracts, which are normally valid for a maximum period of two years.
Foreign domestic helpers are allowed to work in Hong Kong to relieve many families of household chores. Their employment is on a two-year contract basis. As at 31 December 2021, there were about 339,000 foreign domestic helpers in Hong Kong, of whom about 56 per cent and 41 per cent were from the Philippines and Indonesia respectively.
In March 2021, the department launched the Smart Renewal service to simplify the application procedures for employment visas for Foreign Domestic Helpers.
Foreign students are allowed to take up studies in private schools registered under the Education Ordinance and the Post Secondary Colleges Ordinance. They may also apply for entry into Hong Kong to take up studies in full-time locally-accredited post-secondary programmes, including short-term courses, or part-time locally-accredited taught postgraduate local programmes; to go on exchanges in full-time locally-accredited local programmes at sub-degree level for not more than six months or in full-time locally-accredited local or non-local programmes at undergraduate or above level for not more than one year; or to enrol in full-time courses on the register of non-local higher education or professional courses as set up under the Non-local Higher and Professional Education (Regulation) Ordinance.
Chinese residents of the Mainland, Macao SAR and Taiwan may apply for entry to take up studies in full-time locally-accredited post-secondary local or non-local programmes (in respect of non-local programmes, with effect from the 2016/17 academic year, Mainland students may apply for entry to take up studies in full-time locally-accredited non-local programmes at undergraduate or above level which have been approved by the Ministry of Education of the People's Republic of China), or part-time locally-accredited taught postgraduate local programmes (the programmes to be taken up by Mainland students must be offered by the University Grants Committee-funded institutions); to go on exchanges in full-time locally-accredited local programmes at sub-degree level for not more than six months or in full-time locally-accredited local or non-local programmes at undergraduate or above level for not more than one year (the programmes to be taken up by Mainland students must be local programmes); or to take up full-time short-term studies which fulfil relevant conditions. Mainland students may also attend secondary school level short-term exchange programmes approved by the Education Bureau for not more than two weeks, if accompanied by Mainland teachers.
Non-local students who fulfil relevant eligibility criteria may take up study/curriculum-related internship arranged or endorsed by the institutions that they are studying in. Furthermore, non-local students who fulfil relevant eligibility criteria may also take up part-time on-campus jobs throughout the year and summer jobs.
In 2021, 43,732 non-local students (including 37,087 Mainland students) were admitted for study in Hong Kong. Most of the non-local students were admitted to post-secondary courses.
CIES aims at facilitating the entry for residence of persons who make capital investment in Hong Kong but would not be engaged in the running of business here. After review, CIES has been suspended since 15 January 2015.
As at 31 December 2021, formal approval had been given for about 35,000 applicants to reside in Hong Kong, bringing in a total investment amounting to $316.9 billion.
QMAS is quota-based and operated on a points-based system. It seeks to attract highly skilled or talented persons from around the world to settle in Hong Kong with a view to enhancing Hong Kong's economic competitiveness in the globalised market. The annual quota, increased from 1,000 to 2,000 in September 2020, has been further increased to 4,000 since October 2021. Successful applicants are not required to secure an offer of local employment before taking up residence in Hong Kong. All applicants are required to fulfil a set of prerequisites before they can be awarded points under one of the two points-based tests, namely the 'General Points Test' (GPT) and the 'Achievement-based Points Test', and compete for quota allocation with other applicants.
The department has relaxed the stay arrangements under the scheme. The stay pattern of entrants under the GPT has been adjusted. Entrants will be granted a stay of two years instead of one year upon entry, and the pattern of their subsequent extension of stay has been changed from '2+2+3' years to '3+3' years. For top-tier entrants having been permitted to reside in Hong Kong for not less than two years and having an assessable income for salaries tax of not less than HK$2 million in the previous year of tax assessment, upon application for extension of stay, a six-year extension on time limitation only without other conditions of stay may be granted. Persons admitted under the 'Achievement-based Points Test' will be granted a stay of eight years upon entry. The department has also refined the point scoring scheme under the GPT to attract young talent with an outstanding educational background or international work experience.
After promulgating the first Talent List of Hong Kong in August 2018, the government updated the list in October 2021 by adding two professions, making a total of 13 professions, and expanding the scope of some existing professions. Applicants who meet the requirements of the Talent List will be awarded 30 bonus points under the GPT of QMAS after assessment.
As at 31 December 2021, about 9,100 applicants had been allotted quotas under the Scheme (including 172 applicants who had been awarded 30 bonus points for meeting the requirements of the Talent List).
The ASSG has been implemented to attract the second generation of Chinese Hong Kong permanent residents who have emigrated overseas to return to Hong Kong. There is no quota under this scheme and applicants are not required to have secured an offer of employment before entry. Successful applicants under the ASSG may be granted a stay of 12 months without other conditions of stay.
As at 31 December 2021, 517 applications had been approved by the department.
In accordance with the prevailing immigration policy, for Hong Kong permanent residents or Hong Kong residents who are not subject to a limit of stay, persons who have been admitted to Hong Kong for employment (except foreign domestic helpers and imported workers admitted under the Supplementary Labour Scheme) or study (in a full-time undergraduate or post-graduate local programme in a local degree-awarding institution), or persons who have been admitted under CIES, QMAS or the ASSG, their spouse; or the other party to a same-sex civil partnership, same-sex civil union, 'same-sex marriage', opposite-sex civil partnership or opposite-sex civil union entered into by them in accordance with the local law in force of the place of celebration and with such status being legally and officially recognised by the local authorities of the place of celebration; and their unmarried dependent children under the age of 18 may apply for entry for residence as dependants in Hong Kong. Meanwhile, for Hong Kong permanent residents or Hong Kong residents who are not subject to a limit of stay, their parents aged 60 or above may also apply for entry for residence as dependants in Hong Kong. Dependency is an essential element of the policy on entry of dependants. The sponsors must be able to support the dependants' living at a standard well above the subsistence level and provide them with suitable accommodation in Hong Kong. In 2021, 21,219 dependant visas/entry permits were issued.
The entry of Mainland residents into Hong Kong for residence is provided for under Article 22 of the Basic Law. It states that 'For entry into the HKSAR, people from other parts of China must apply for approval. Among them, the number of persons who enter the Region for the purpose of settlement shall be determined by the competent authorities of the Central People's Government after consulting the government of the Region'. Residents from the Mainland may come to Hong Kong for settlement through the One-way Permit Scheme. The scheme, mainly to facilitate family reunion, effectively regulates the entry of Mainland residents into Hong Kong for settlement.
One-way Permits are issued by the relevant authorities of the Public Security Bureau in the Mainland. The daily quota of One-way Permits is 150, including 60 reserved for persons who were born in the Mainland and have the right of abode in Hong Kong by descent from their either parent in accordance with Article 24(2)(3) of the Basic Law, and 30 reserved for long separated spouses. In 2021, 17,919 Mainland residents entered Hong Kong for settlement through the One-way Permit Scheme.
Persons claiming the right of abode in Hong Kong under Article 24(2)(3) of the Basic Law would need to have their claims verified by the relevant authorities and be issued with a Certificate of Entitlement, which would be affixed to their One-way Permits/valid travel documents, before they could establish their status as a permanent resident in Hong Kong. As at 31 December 2021, over 237,000 persons had entered Hong Kong under the scheme.
Any appeals against the Director of Immigration's decisions of not issuing Certificates of Entitlement or certified duplicates could be made to the Immigration Tribunal. As at 31 December 2021, over 1,550 appeals had been received from the Immigration Tribunal.