Visa policy of Hong Kong
Encyclopedia
The Government
of Hong Kong
allows citizens of specific countries/territories to travel to Hong Kong
for tourism or certain business-related activities for periods ranging from 14 to 180 days without having to obtain a visa. Citizens of all countries require visas to undertake other activities, such as study, employment, or operation of a business, unless they have the right to land or right of abode in Hong Kong. Under the One Country, Two Systems
policy, Hong Kong maintains its immigration and visa policy independently from the rest of China. Consequently, entering Hong Kong from other parts of China requires passing through an immigration checkpoint. Whilst Macao and Taiwan residents have visa-free/visa-on-arrival access for short visits to Hong Kong, Chinese citizens with household registration in mainland China residents need to go through a more rigorous approval system before they can obtain a permit to enter Hong Kong.
Due to the historical background of Hong Kong, immigration status in Hong Kong is determined by a combination of both nationality and residence status. Therefore, even a Chinese national with the right of abode in Hong Kong has a slightly different status to a foreign national with the right of abode in Hong Kong as well (since the former can never lose ROA status while the latter can lose it if he does not enter Hong Kong for a period of 36 months). At the same time, a foreign national with the right of abode in Hong Kong has a preferential immigration status to a Chinese national without the right of abode in Hong Kong, as the former can remain in Hong Kong indefinitely, while the latter has to have his immigration status reassessed whenever his visa/permit expires.
A person who is "ordinarily resident" in Hong Kong for seven years is eligible to apply for permanent residency, a status which gives its holder the right of abode. However, the Immigration Ordinance's definition of "ordinarily resident" (Section 2, Subsection 4) excludes persons holding visas for employment as imported workers or for employment as domestic helpers. It is not unusual to find foreign domestic helpers
who have worked in Hong Kong for fifteen years; however, regardless of their length of employment, they are ineligible to apply for permanent residency. In 2011, five domestic helpers filed applications in the High Court for judicial review
of the relevant portion of the Immigration Ordinance, claiming that it contravenes Article 24 of the Hong Kong Basic Law
. In response, the Department of Justice
sought to enter into evidence an affidavit claiming that as many as 100,000 domestic helpers could qualify for permanent residency; along with as many as 300,000 family members, the department claimed this would cause significant economic losses due to the requirement to provide housing, welfare, and health services to them. The first case, Vallejos v. Commissioner of Registration
, was heard on 22 August. Starry Lee
(DAB) and tourism functional constituency
legislator Paul Tse
expressed their opposition, while the Civic Party
issued a statement distancing itself from the cases. Justice Johnson Lam issued his decision on 30 September, ruling in favour of Vallejos; the government will appeal.
, Albania
, Cuba
, Nepal
, North Korea
, and Vietnam
to apply for some kinds of visas.
The immigration department also grants student visas for persons wishing to study in registered private (non-public, non-aided) primary and secondary schools, and for various types of study at the degree level (short courses, exchange programmes, and certificate or degree courses). Chinese residents of the mainland and Taiwan, and residents of Macau who moved there from mainland China and settled later than 14 January 1979, are only granted visas to study in tertiary-level courses. Since the 2008/09 academic year, student visa holders in degree courses of more than a year's duration at tertiary institutions may take up short-term internships; other student visa holders are prohibited from taking up any employment at all. 14,460 non-local students (among them 8,651 from mainland China) were admitted to Hong Kong for study in 2009/10.
Other types of visas include the Capital Investment Entrant Scheme (CIES) visa, the Quality Migrant Admission Scheme
(QMAS) visa, and the investment visa.
Nationals of Afghanistan, Albania, Cambodia, Cuba, and North Korea, are not eligible for any of these visas; nationals of Laos, Nepal and Vietnam are only eligible for CIES.
Unlike Hong Kong residents in opposite-sex marriages, Hong Kong residents in same-sex marriages with non-Hong Kong residents cannot sponsor their partners for dependent visas. However, according to a July 2011 report by the South China Morning Post
, the Hong Kong Immigration Department has an unpublicised policy of granting extended visitors' visas to non-Hong Kong residents in same-sex marriages with Hong Kong residents. This allows them to stay in the city for de facto family reunification, though they cannot take up employment, will not receive a Hong Kong Identity Card
, and while holding a visitor's visa will not be regarded as "ordinarily resident" in Hong Kong for purposes of permanent residency applications. However, they may renew their visas without departing from Hong Kong.
(Taiwan) passport holders to enter Hong Kong. Effective September 1, 2011, Republic of China (Taiwan) passport holders who obtain Taiwan Compatriot Entry Permit are granted 30-day visa-free access to enter Hong Kong.
registration in Mainland China
are required to obtain an entry permit from the Public Security Bureau
for any type of visit to Hong Kong (short visits and long visits alike, including settlement). However, an exemption is made for Mainland Chinese passport holders who are transitting through Hong Kong to a third country. In this case, a visa waiver is available for those whose stay in Hong Kong lasts a maximum of 7 days and who can prove their onward journey.
Non-Chinese nationals living in other parts of the PRC are treated on the basis of their nationality, whilst Chinese nationals living in other parts of China who do not possess the right of abode in Hong Kong are treated based on the region in which they have a right of abode or household registration.
Chinese nationals with the right of abode in Macau
can enter Hong Kong visa-free for a maximum period of 180 days using their permanent Macau Identity Card
. Non-permanent identity card holders can enter visa-free for up to 30 days only.
Government of Hong Kong
The Government of the Hong Kong Special Administrative Region of the People's Republic of China, commonly the Hong Kong Government, is led by the Chief Executive as Head of the Government, who is also the head of the Hong Kong SAR...
of Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
allows citizens of specific countries/territories to travel to Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
for tourism or certain business-related activities for periods ranging from 14 to 180 days without having to obtain a visa. Citizens of all countries require visas to undertake other activities, such as study, employment, or operation of a business, unless they have the right to land or right of abode in Hong Kong. Under the One Country, Two Systems
One country, two systems
"One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China , for the reunification of China during the early 1980s...
policy, Hong Kong maintains its immigration and visa policy independently from the rest of China. Consequently, entering Hong Kong from other parts of China requires passing through an immigration checkpoint. Whilst Macao and Taiwan residents have visa-free/visa-on-arrival access for short visits to Hong Kong, Chinese citizens with household registration in mainland China residents need to go through a more rigorous approval system before they can obtain a permit to enter Hong Kong.
Due to the historical background of Hong Kong, immigration status in Hong Kong is determined by a combination of both nationality and residence status. Therefore, even a Chinese national with the right of abode in Hong Kong has a slightly different status to a foreign national with the right of abode in Hong Kong as well (since the former can never lose ROA status while the latter can lose it if he does not enter Hong Kong for a period of 36 months). At the same time, a foreign national with the right of abode in Hong Kong has a preferential immigration status to a Chinese national without the right of abode in Hong Kong, as the former can remain in Hong Kong indefinitely, while the latter has to have his immigration status reassessed whenever his visa/permit expires.
Unconditional stay
Persons with the "right of abode" or the "right to land" may enter Hong Kong without holding any visa and without having any condition of stay imposed upon them, and may not be subject to a removal order. In addition, no deportation order may be imposed on a person with the right of abode. Possession of one of the following documents is sufficient to demonstrate those rights:- Hong Kong Permanent Identity CardHong Kong Identity CardThe Hong Kong Identity Card is an official identity document issued by the Immigration Department of Hong Kong. The Hong Kong Permanent Identity Card is a class of HKID issued to Hong Kong residents who have the right of abode in Hong Kong SAR. According to the Registration of Persons Ordinance...
- Hong Kong Special Administrative Region Passport
- British National (Overseas) passportBritish National (Overseas) passportThe British National passport is a British passport for the holders of the nationality British National . It is mainly held by residents of Hong Kong from 1987.-Physical appearance:...
- Hong Kong Certificate of IdentityHong Kong Certificate of IdentityThe Hong Kong Certificate of Identity was a formal travel document and passport, issued by the Hong Kong Government's Immigration Department until June 30, 1997...
(all of which have expired by 30 June 2007) - Hong Kong Re-entry PermitHong Kong Re-entry PermitHong Kong Re-entry Permit are issued to Hong Kong residents by the Hong Kong Special Administrative Region for travel to the mainland China and Macau Special Administrative Region.-Eligibility:...
(for entry from the Mainland of China and the region of Macao only) - Hong Kong Seaman's Identity Book
- Hong Kong Document of Identity for Visa Purposes, provided that the document is valid or the holder's limit of stay in Hong Kong has not expired
- Travel documents stating either Holder's eligibility for Hong Kong permanent identity card verified or The holder of this travel document has the right to land in Hong Kong. (Section 2AAA, Immigration Ordinance, Cap. 115, Laws of Hong Kong)
A person who is "ordinarily resident" in Hong Kong for seven years is eligible to apply for permanent residency, a status which gives its holder the right of abode. However, the Immigration Ordinance's definition of "ordinarily resident" (Section 2, Subsection 4) excludes persons holding visas for employment as imported workers or for employment as domestic helpers. It is not unusual to find foreign domestic helpers
Foreign domestic helpers in Hong Kong
Foreign domestic helpers in Hong Kong are foreign domestic workers and housemaids employed by Hongkongers, typically families. They make up approximately 3% of the population of Hong Kong and an overwhelming majority of them are women...
who have worked in Hong Kong for fifteen years; however, regardless of their length of employment, they are ineligible to apply for permanent residency. In 2011, five domestic helpers filed applications in the High Court for judicial review
Judicial review in Hong Kong
Judicial review in Hong Kong is conducted according to the Constitutional and Administrative Law List . It comprises two different aspects: firstly, a review of domestic legislation as to their compatibility with the Basic Law ; and secondly, judicial review of administrative decisions under...
of the relevant portion of the Immigration Ordinance, claiming that it contravenes Article 24 of the Hong Kong Basic Law
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China...
. In response, the Department of Justice
Department of Justice (Hong Kong)
The Department of Justice is the department responsible for the laws of Hong Kong headed by the Secretary for Justice. Before 1997, the names of the department and the position was the Legal Department and Attorney General respectively....
sought to enter into evidence an affidavit claiming that as many as 100,000 domestic helpers could qualify for permanent residency; along with as many as 300,000 family members, the department claimed this would cause significant economic losses due to the requirement to provide housing, welfare, and health services to them. The first case, Vallejos v. Commissioner of Registration
Vallejos v. Commissioner of Registration
Vallejos v. Commissioner of Registration is a 2011 court case against the government of Hong Kong by a foreign domestic helper seeking permanent residence and the right of abode in Hong Kong. Because of its subject matter it was commonly referred to in the media as the "maids' residency case"...
, was heard on 22 August. Starry Lee
Starry Lee
Starry Lee Wai-king is the member of Legislative Council of Hong Kong representing the constituency of Kowloon West. She is also a member of Kowloon City's District Council. She is currently the second-youngest member in LegCo, after Gary Chan...
(DAB) and tourism functional constituency
Functional constituency
In the political systems of Hong Kong and Macau, a functional constituency is a professional or special interest group involved in the electoral process...
legislator Paul Tse
Paul Tse
Paul Tse Wai-chun is a Hong Kong solicitor, who advertises himself as the "Superman of Law". He also owns a small travel agency and was elected to the Legislative Council of Hong Kong for the tourism functional constituency in the 2008 legislative election...
expressed their opposition, while the Civic Party
Civic Party
Civic Party is a liberal democratic political party in Hong Kong.The Civic Party is currently the third largest political party in the Legislative Council of Hong Kong, with five members securing seats in the 2008 Hong Kong Legislative Council elections...
issued a statement distancing itself from the cases. Justice Johnson Lam issued his decision on 30 September, ruling in favour of Vallejos; the government will appeal.
Types of non-visitor visas
Persons without the right of abode or right to land in Hong Kong, regardless of their nationality, require visas if they wish to take up residence in the territory. Persons granted these visas become "non-permanent residents". Immigration Department policy places restrictions on the ability of nationals of AfghanistanAfghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
, Albania
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
, Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
, Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
, North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
, and Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
to apply for some kinds of visas.
Employment, investment, and study visas
Hong Kong has a number of visas issued for the purpose of allowing the holder to take up employment or employment-related training:- Employment as Professionals (EAP): subdivided into the Immigration Arrangement for Non-local Graduates (IANG, for non-local students who have received a degree in a Hong Kong tertiary institution), the General Employment Policy (GEP, for non-Chinese nationals as well as PRC nationals who have resided overseas for more than one year), and the Admission Scheme for Mainland Talents and Professionals (ASMTP, for Chinese citizens with household registration in mainland China). GEP and ASMTP entrants require permission from the Immigration Department to change employers; IANG entrants do not. Numbers of entrants under each scheme as of 31 March 2010 were 22,280 under GEP, 34,967 under ASMTP, and 6,522 under IANG.
- Training: for periods of up to 12 months. Applications from Chinese citizens with household registration in mainland China are generally not entertained, unless the sponsoring company is multinational and well-established in Hong Kong.
- Working Holiday Scheme (WHS), allowing persons between the ages of 18 and 30 to come to Hong Kong for up to 12 months. There is an annual quota of visas, per nationality: Australia (5,000), Canada (200), Germany (150), Ireland (100), Japan (250), South Korea (200), New Zealand (400); other nationalities are not eligible. Participants may take up any kind of employment, though not for more than three months with the same employer (six months for South Koreans). They are also permitted to study (with the exception of Irish citizens). Participants must have at least HK$20,000 in funds (HK$15,000 for Canadians, HK$14,000 for New Zealanders), and must hold medical insurance during their stay in Hong Kong. 1,376 WHS applications were approved in 2009/2010.
- Employment as imported workers, also known as Supplementary Labour Scheme (SLS): for work at the "technician level or below". Change of employment not permitted. Employer must pay a HK$400/month levy. The SLS was established in 1996. 16,418 workers were admitted under SLS during 2009/2010, of whom 1,635 were still in Hong Kong as of 31 March 2010.
- Employment as domestic helpers: see foreign domestic helpers in Hong KongForeign domestic helpers in Hong KongForeign domestic helpers in Hong Kong are foreign domestic workers and housemaids employed by Hongkongers, typically families. They make up approximately 3% of the population of Hong Kong and an overwhelming majority of them are women...
. 273,609 resided in Hong Kong as of 31 March 2010, 49% from the Philippines and 48% from Indonesia.
The immigration department also grants student visas for persons wishing to study in registered private (non-public, non-aided) primary and secondary schools, and for various types of study at the degree level (short courses, exchange programmes, and certificate or degree courses). Chinese residents of the mainland and Taiwan, and residents of Macau who moved there from mainland China and settled later than 14 January 1979, are only granted visas to study in tertiary-level courses. Since the 2008/09 academic year, student visa holders in degree courses of more than a year's duration at tertiary institutions may take up short-term internships; other student visa holders are prohibited from taking up any employment at all. 14,460 non-local students (among them 8,651 from mainland China) were admitted to Hong Kong for study in 2009/10.
Other types of visas include the Capital Investment Entrant Scheme (CIES) visa, the Quality Migrant Admission Scheme
Quality Migrant Admission Scheme
The Quality Migrant Admission Scheme is a points-based immigration system in the Hong Kong Special Administrative Region of the People's Republic of China...
(QMAS) visa, and the investment visa.
Nationals of Afghanistan, Albania, Cambodia, Cuba, and North Korea, are not eligible for any of these visas; nationals of Laos, Nepal and Vietnam are only eligible for CIES.
Dependent visas
Persons on unconditional stay, as well as those granted visas for study, training, employment as professionals, investment, or under CIES or QMAS, may sponsor their spouse and dependent children under the age of 18 for entry into Hong Kong. Persons on unconditional stay may additionally sponsor elderly dependent parents who are over the age of 60. However, persons on unconditional stay cannot sponsor Chinese citizens with household registration in mainland China as dependents. Additionally, nationals of Afghanistan, Albania, Cuba, and North Korea are not eligible for dependent visas. Dependent visa holders whose sponsor (parent or spouse, as the case may be) holds a study visa require prior permission from the Immigration Department in order to take up employment; other dependent visa holders may work or switch jobs without prior approval.Unlike Hong Kong residents in opposite-sex marriages, Hong Kong residents in same-sex marriages with non-Hong Kong residents cannot sponsor their partners for dependent visas. However, according to a July 2011 report by the South China Morning Post
South China Morning Post
The South China Morning Post , together with its Sunday edition, the Sunday Morning Post, is an English-language Hong Kong newspaper, published by the SCMP Group with a circulation of 104,000....
, the Hong Kong Immigration Department has an unpublicised policy of granting extended visitors' visas to non-Hong Kong residents in same-sex marriages with Hong Kong residents. This allows them to stay in the city for de facto family reunification, though they cannot take up employment, will not receive a Hong Kong Identity Card
Hong Kong Identity Card
The Hong Kong Identity Card is an official identity document issued by the Immigration Department of Hong Kong. The Hong Kong Permanent Identity Card is a class of HKID issued to Hong Kong residents who have the right of abode in Hong Kong SAR. According to the Registration of Persons Ordinance...
, and while holding a visitor's visa will not be regarded as "ordinarily resident" in Hong Kong for purposes of permanent residency applications. However, they may renew their visas without departing from Hong Kong.
Visitors' visas and visa exemptions
Nationals of the following countries can enter Hong Kong visa-free as tourists or to undertake a limited range of business-related activities, namely "concluding contracts or submitting tenders, examining or supervising the installation/packaging of goods or equipment, participating in exhibitions or trade fairs (except selling goods or supplying services direct to the general public, or constructing exhibition booths), settling compensation or other civil proceedings, participating in product orientation, and attending short-term seminars or other business meetings". They are prohibited from taking up employment or study in the territory, or from "establishing or joining in any business". The last provision means that non-residents may not commence operating a business while in Hong Kong, and thus will be refused permission for business registration by the Inland Revenue Department unless it can be proven that the business began operation while they were outside of Hong Kong. However, the Companies Registry permits non-residents to incorporate limited liability companies and to be appointed as corporate directors (though not as corporate secretaries).90 days
14 days
Visa nationals
Nationals of the following countries are required to possess a visa for any type of entry into Hong Kong, including as tourists:Republic of China (Taiwan)
Pre-arrival visa is required for Republic of ChinaRepublic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
(Taiwan) passport holders to enter Hong Kong. Effective September 1, 2011, Republic of China (Taiwan) passport holders who obtain Taiwan Compatriot Entry Permit are granted 30-day visa-free access to enter Hong Kong.
Other parts of the of the People's Republic of China
Chinese nationals with a hukouHukou
A Hukou or huji refers to the system of 'class system' residency permits which dates back to ancient China, where household registration is required by law in People's Republic of China and Republic of China ....
registration in Mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
are required to obtain an entry permit from the Public Security Bureau
Public Security Bureau
In the People's Republic of China, a public security bureau refers to the government offices while the smaller offices are called Police posts which are similar in concept to the Japanese Kōban system) present in each province and municipality that handles policing , public security, and...
for any type of visit to Hong Kong (short visits and long visits alike, including settlement). However, an exemption is made for Mainland Chinese passport holders who are transitting through Hong Kong to a third country. In this case, a visa waiver is available for those whose stay in Hong Kong lasts a maximum of 7 days and who can prove their onward journey.
Non-Chinese nationals living in other parts of the PRC are treated on the basis of their nationality, whilst Chinese nationals living in other parts of China who do not possess the right of abode in Hong Kong are treated based on the region in which they have a right of abode or household registration.
Chinese nationals with the right of abode in Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
can enter Hong Kong visa-free for a maximum period of 180 days using their permanent Macau Identity Card
Macau Special Administrative Region Resident Identity Card
The Macau Special Administrative Region Resident Identity Card is an official identity card valid in the Macau Special Administrative Region. There are two types for Resident Identity Cards: one for permanent residents, and one for non-permanent residents....
. Non-permanent identity card holders can enter visa-free for up to 30 days only.
See also
- Exit & Entry Permit (Republic of China)
- Visa policy of MacauVisa policy of MacauThe Government of the Macao Special Administrative Region allows citizens of specific countries/territories to travel to Macao for tourism or business for up to 90, 30 or 7 days without having to obtain a visa - most of these nations are regarded as developed countries. For other entry purposes,...
- Visa policy of the People's Republic of ChinaVisa policy of the People's Republic of ChinaThe Government of the People's Republic of China allows citizens of specific countries/territories to travel to the Chinese Mainland for tourism or business for up to 15 days without having to obtain a visa, but most foreign travellers to China are required to hold a visa...