Business Registration to Freelance?

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  1. #1

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    Business Registration to Freelance?

    So I have had a few companies express interest in hiring me on a freelance basis, but I still do not have a working visa. One woman suggested that I apply for business registration certificate. Has anyone ever done this and how difficult was the process? What are the approval criteria? How long does it take? And after receiving the certificate, how do I get a working visa?

    Thanks!!


  2. #2

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    it's not as easy as she made it out to be. you have to first set up the company (but you cannot work for it until you have a visa), then you need to provide immigration with all of the particulars and apply for a work visa with your company sponsoring you. you need to provide a solid business plan and show how you are going to employ locals in your business.

    i would say that it is HIGHLY unlikely you will be granted a visa just so you can do freelance work.


  3. #3

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    Anyone can register a Sole Proprietor business. It takes seconds at the Inland Revenue office. There are no approval criteria. If you undertake any paid employment as a freelance then you are legally required to register within one month of starting.

    But that is totally separate from the question of a Visa. You may not be employed in Hong Kong on a Visitor Visa.

    The best thing to do is to get a Dependant Visa (i.e. get married, assuming you are here as someone's unmarried partner). Then you can work freely, and if you work as a freelance then all you would need is a Sole Proprietor BRC (and then to keep the books, do your taxes etc).

    Otherwise you need some other sort of Visa:
    Investor Visa: requires a credible business plan that shows how you will build your business and employ local HK people (doesn't really work for freelancing)
    Capital Investment Entrant Scheme: simply invest HK$6.5M which has been yours for the last 2 years in HK assets.
    Quality Migrant Admission Scheme: from your other posts you might qualify for this, but the process takes about 9 months from the experience of others here (do a search on QMAS for more on this in these forums).


  4. #4

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    Yes, I am interested in the Sole Proprietorship BRC. I heard that takes 30 minutes, and only costs $450 now...the $2000 fee is waived this year.

    PDLM: So even with a BRC, you are saying I need to find a working visa through one of those means you laid out? Yes, dependent visa would likely be easiest, but don't want to get married out of convenience. I'm still a romantic at heart!

    Thanks!!


  5. #5

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    PDLM is correct, as am i, you still need a proper visa.


  6. #6

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    Yes - a BRC is essentially a tax registration (it took about 3 minutes when I did it) - completely separate from Immigration & Visa requirements. As a freelancer you will need both - companies (reputable ones at least) will require a BRC in order to pay you, and they will require sight of your Immigration status in order to employ you.


  7. #7

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    I see...thank you both for your help!


  8. #8

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    An update now...I've been offered a short term consulting project in China but they want me to look into setting up my own business/company so they can employ the company. Not sure why they cannot employ me directly...but anyways...if i plan to work for a China-based company, do I still need an employment visa after I get my BRC? Or does that only apply if I consult for HK-based companies?

    Thanks.


  9. #9

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    If you are working while physically in HK then you need a HK employment visa (or another visa/ perminent residence) that will allow you to work). Doesn't matter who you are working for or how/ where you are paid.

    If you are working in China, then you will need a PRC employment visa (generally harder to get than a HK employment visa).


  10. #10

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    The reason they want to go through a company is because it's a lot less hassle and it also means that they don't need to worry about whether you are illegal or not.

    As hello_there says, either way you need some sort of visa that allows you to be employed.


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