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sole proprietorship - bank and management - doubts!

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  1. #1

    sole proprietorship - bank and management - doubts!

    I wrote recently a post, but still I don't understand..

    I have an employment visa. Lots of friends, people I work with, anyone told me I could also open a sole proprietorship and work by myself on other projects (not the ones I work with my employee).

    But.. it looks that while I am legally allowed to open a company.. I am not legally allowed to use it...

    is there any website where I can understand more about it? or can someone explain me more?


    thank you

    seba


  2. #2

    Join Date
    Jan 2018
    Location
    Taiwan and HK
    Posts
    6,169

    Hi,

    This guy- the "Visa Geeza" - publishes a visa handbook that is quite useful. He has a whole section on business startup visas and how to apply.

    As was stated in the other thread, it's not all that easy because the employment visa covers your job, not the sole proprietorship. And if you quit the job, well, you don't have a work visa that allows you to do work at your sole proprietorship.

    I started a company but worked in the US for about a year and a half getting it up and running before moving to HK. So I hear your issues, I really do.

    Take a look through the handbook and his website where he answers a lot of people's questions and you can even submit yours for free...

    http://www.hongkongvisahandbook.com/...visa-handbook/


  3. #3

    Join Date
    Dec 2002
    Location
    薄扶林
    Posts
    48,142

    There is a huge gray area where you're not supposed to be working for anyone other than your visa sponsor, while you have a work visa.

    Ask the immigration department a direct question "I am currently employed on a work (GEP) visa. Am I allowed to start a side business and do some consulting work on the site, for personal income."

    [email protected]


  4. #4

    Join Date
    Feb 2005
    Location
    Manchester, UK
    Posts
    7,801

    get your employers approval and then ask for Immigration approval, should be ok.

    MABinPengChau and Tyresmoke like this.

  5. #5

    Join Date
    Jan 2018
    Location
    Taiwan and HK
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    If your employer agrees, I think you are in good shape- it's only if you want to quit and do the sole proprietorship full time that things get more dicey on the visa front.


  6. #6

    I understand .. asking to my employer could be the best..
    But.. if I loose the visa with my employer I will also use the right to have a sole proprietorship? A company could hire me from China with a z visa.. would it help?


  7. #7

    My previous reply was very confusing...

    If the company I work for employ me from China with a z visa (and cancel my hk visa ).. will I loose the right to own a sole proprietorship?


  8. #8

    Join Date
    Apr 2016
    Posts
    222

    As per MABinPenChau's advice, contact the Visa Geeza, he/they know everything there is to know about visas and complex situations around visas, and you can ask questions online free of charge


  9. #9

    Join Date
    Dec 2017
    Posts
    46

    In fact it really is that simple:

    HK employment visa comes strings attached: you are bound to your employer.

    You can create a side business (sole proprietorship or limited company, I did the second), but then you will need to get an extension for your visa to actually work for that new company as a side business.

    If you loose your current job at your current company, or if your HK visa is cancelled (because you work in China not in HK), then you loose the right to work in Hong Kong for any company (that is, of course, unless you have a PR, but your question shows that you don't).

    If you change job to another company, you will have to ask again this new company permission to join in your side business, and again submit the application to the Immd.

    The process by itself is not really hard (I made another post to explain what I did on this forum) right here: https://geoexpat.com/forum/54/thread346460.html

    The application took about 2.5 weeks in my case and was pretty straightforward (once you get the paperwork ready that is).

    Definitely, if you want more info or need expertise, the HK Visa Geeza is the goto person. We used his service for my initial visa (and some follow up consultancy), I highly recommend him.


  10. #10

    Join Date
    Dec 2017
    Posts
    46

    To complete the answer, if you loose your HK employment visa, you can then apply for an investment visa to work for your own company.

    That requires some serious cash investment, but essentially it is possible if you can show that your company is beneficial to the HK economy, will create jobs etc…

    And finally owning a company, is not the same thing as being employed by a company .The first one does not require visa, or even to be present in HK (you can create a company in HK without even setting foot in HK at all).


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