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NET Scheme Allowance

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  1. #11

    Join Date
    Apr 2009
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    Oh yes, sure, we have all of those.

    My only part that's really concerning me is my question about why they ask whether you have lived outside of HK for the previous 5 years. I can't tick that box unfortunately.


  2. #12

    Join Date
    Dec 2002
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    Best to review this document:

    “A person is ordinarily resident in Hong Kong if he remains inHong Kong legally, voluntarily and for a settled purpose (such as
    for education, business, employment or residence etc.), whether
    of short or long duration.”
    I can understand why you'd want to declare that you've not been a "resident" of HK for the last several years - there is money involved. But, I think there is also a fair bit of common sense and legal precedent in the "ordinarily resident" phrase, across the world.

    You've had a valid resident / dependant visa in HK, you've been in HK for most of the time, voluntarily and you've probably had leases and other long term commitments in the city.

    in my very very humble opinion, best to take the high road and not jeopardise your career and future within the system.

    The NET scheme is one of those things that you cannot get fired from, from what I gather .. life long income. Would you want to jeopardise that by giving your local colleagues an incentive to report you saying "he/she is defrauding the govt" and risk that life long career?

    http://www.legco.gov.hk/yr01-02/engl...0cb2-2813e.pdf
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  3. #13

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    Apr 2009
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    Hamilton, NZ --> Causeway Bay, HK
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    As per the previous delete comment, I'm not asking any intent on defrauding; just wondering whether residing in HK on an employment visa would disqualify you. Again, I m not going to enter any false information on the form, and it will up to the EDB to make their own decision. Nothing improper or false.

    My common sense tells me we would have a hard time qualifying, but the subjective nature of the application form, and knowing at least a couple of people who qualified while already residing here for a few years, confuses me.

    Last edited by MyCsPiTTa; 20-02-2016 at 12:14 PM. Reason: Expanding

  4. #14

    Join Date
    Apr 2009
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    Hamilton, NZ --> Causeway Bay, HK
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    BTW Shiri, although the document you quote had a broader definition of an ordinary resident, this is not the definition required by the NET. You only need to prove:
    A) you are a permanent resjdent of a country other than HK, and
    B) your social and family ties are largely outside of HK.

    You can check the whole NET form and the ONLY part that becomes a problem is the "have you resided outside HK for the previous 5 years" and even that says "if applicable".


  5. #15

    Join Date
    Oct 2015
    Posts
    1,262
    Quote Originally Posted by MyCsPiTTa:
    As per the previous delete comment, I'm not asking any intent on defrauding; just wondering whether residing in HK on an employment visa would disqualify you. Again, I m not going to enter any false information on the form, and it will up to the EDB to make their own decision. Nothing improper or false.

    My common sense tells me we would have a hard time qualifying, but the subjective nature of the application form, and knowing at least a couple of people who qualified while already residing here for a few years, confuses me.
    My comment was deleted...mods. decision, not mine.

    That said, looking back, I might have been unfair.

    My point is, and this has been discussed many times in the past...it's clear what the allowance is intended for...you know that you don't ordinarily reside overseas.

    Many N.E.T.s do misrepresent their position on these forms...I know some who have and I know a couple who chose to be 'honest'.

    Demand is intense for N.E.T. positions these days and, IMO, it's just a matter of time until this 'loophole' is closed.
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  6. #16

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    You can check the whole NET form and the ONLY part that becomes a problem is the "have you resided outside HK for the previous 5 years" and even that says "if applicable".
    I agree.. but when push comes to shove, the legal definition of "resided outside of HK" will come down to ordinarily resident. I think.

    If you want to cover your rear, get a lawyer to review your situation and give you a written opinion stating that they believe you have resided outside of HK for the period and you're qualified for the allowance. We've done this in a tricky situation where we needed to be 100% sure that what we were doing was legal (our case was complicated and needed a barrister to be involved).
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  7. #17

    Join Date
    Apr 2009
    Location
    Hamilton, NZ --> Causeway Bay, HK
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    I guess this is only going to be settled by making the application - so maybe (if we are lucky) I can report back in a few weeks.


  8. #18

    Join Date
    May 2007
    Posts
    660

    A possible saving grace is if you have been employed under fixed term contracts, i.e a 1 or 2 year contract that has been renewed but even I'm not sure about this.

    A grey area indeed. Good luck.

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  9. #19

    Join Date
    May 2007
    Posts
    660

    A possible saving grace is if you have been employed under fixed term contracts, i.e a 1 or 2 year contract that has been renewed but even I'm not sure about this. But I think the main clincher would be that you travel back to NZ on a regular basis to 'maintain affairs at home' and that you have supporting documents to prove you have permanent ties back home.

    A grey area indeed. Good luck.

    MyCsPiTTa likes this.