Creating Representive Office in HK

gpcovenant · 03-11-2008, 09:02 AM

i am looking to move to HK for at least a year in June. To get around the whole 90 tourist visa thing I was thinking of creating a representive office in HK using my apartment address as the biz address once I have some kind of permanent address there. Setting up one of these Representative offices seems very straight forward in fact stupid simple. Simple fill out a form and turn it in with a copy of some official docs from the company back home pay the fee and wam- done.

So first question is anyone done this? anything I should know about or maybe something I missed.

The next thing then would be getting the longer term visa.

With the company set up and me as its representive in HK who applies for the visa. The company? Me? or is the visa automatically granted once I create the company? Depending on who applies what is needed to get that done.

Thanks everyone much appreciated. Cant wait to get to HK

PDLM · 03-11-2008, 10:03 AM

Oh dear.

Setting up the company is trivial. Getting a visa for you to reside here is not. You can go for either an Investment Visa or an Employment Visa. For the former you have to produce a business plan showing how your business will benefit Hong Kong and employ Hong Kong people. For the latter you need to show that the sponsoring company has tried and failed to find suitable local people for the role. In both case you need to persuade Immigration that you are not simply trying to get round the 90-day visa (which in any case does not cover you for employment in HK or give you permission to reside here).

Without a visa to reside, and hence without a HKID card you will find it a lot of hassle to rent an apartment, open a bank account, get phone/utility service and so on.

So basically, you need to come up with a better idea.

gpcovenant · 03-11-2008, 10:15 AM

I do not think you understand what the Representative Office does. It is not allowed to conduct business in HK at all. If it does it had to apply for Branch Office status. It is mainly set up so that a company can investigate possibly doing business in HK. Therefore all the stuff about employees and business plans are not really needed. And in fact if the company is private, which we are, they are not required to show financial info in regards to the company

So neither example you talked about would fit the situation as far as I can tell. I would nor could employee people from HK for the first. The second doesn't make sense either because considering if this is legitimate, my company would need a representative there. hell who knows maybe I will get there and find out I could actually see our software there... now that would be funny.

I guess that is the point. If a company is setting up an office in HK it would want to send someone from the home company to over see it. Its not going to hire someone from HK that does not know its business.

hope that clarifies

hktraveller · 03-11-2008, 10:42 AM

Originally Posted by gpcovenant:

I do not think you understand what the Representative Office does. It is not allowed to conduct business in HK at all. If it does it had to apply for Branch Office status. It is mainly set up so that a company can investigate possibly doing business in HK. Therefore all the stuff about employees and business plans are not really needed. And in fact if the company is private, which we are, they are not required to show financial info in regards to the company

So neither example you talked about would fit the situation as far as I can tell. I would nor could employee people from HK for the first. The second doesn't make sense either because considering if this is legitimate, my company would need a representative there. hell who knows maybe I will get there and find out I could actually see our software there... now that would be funny.

I guess that is the point. If a company is setting up an office in HK it would want to send someone from the home company to over see it. Its not going to hire someone from HK that does not know its business.

hope that clarifies

Well, if you already know everything, why do you ask. Go ahead, get your visa and tell us how you didi it. O doubt very much that it works though. Furthermore I believe PDLM is one of the most experienced here for these kinds of questions.

gpcovenant · 03-11-2008, 10:51 AM

wow. I totally didnt mean to come off as if I knew everything and I reread it and I dont think I did. well Sorry if it did no offense meant.

The previous poster was explaining something that left me confused so I was trying to get further detail. i figured I would explain what I understood so they could correct any misinformation I had.

I have been told that folks have done this before. However I can not find any exact details for me to follow.

Again hope that clarifies

DanielandHayley · 03-11-2008, 10:56 AM

controversial perhaps, but why don't you just ring the immigration department and speak to somebody?

gpcovenant · 03-11-2008, 10:58 AM

yeah. definitely at some point I will... Just want to have my ducks in a row if at all possible before doing it to give myself the best chance of making it happen. Learn as much as I can and hopefully find someone that did has done it already to get some input.

PDLM · 03-11-2008, 11:01 AM

Originally Posted by DanielandHayley:

controversial perhaps, but why don't you just ring the immigration department and speak to somebody?

Sound advice - Immigration have always been very helpful on the phone with me (albeit on questions regarding a Dependant Visa, not an Employment or Investment one)

The Government of the Hong Kong Special Administrative Region - Immigration Department

gpcovenant · 03-11-2008, 11:03 AM

hummm well maybe I will do that sooner rather then later.thanks

Football16 · 03-11-2008, 11:57 AM

" Setting up one of these Representative offices seems very straight forward in fact stupid simple. Simple fill out a form and turn it in with a copy of some official docs from the company back home pay the fee and wam- done.

So first question is anyone done this? anything I should know about or maybe something I missed."

I am not sure of the answer to your question but by your post it seems you may be oversimplifying the challenge. I guess some more research into other representative offices here like through the Chambers of Commerce might be one avenue, along with that call to Immigration and a careful reading of their rules.

There is NO skirting around their requirements. It is not simple or easy and this is what they are saying.

If it were just a matter of establishing a company, everyone would incorporate and voila be in HK cheaply and easily and with little paperwork.

I think you might be confusing set up an office just like us setting up our company - that part is simple, easy, like you suggest. What it doesn't get you is a work visa that flows from that. Without the work visa, etc you can do nothing.