A Guide to Talent Attraction Schemes: How to Bring Talents to Hong Kong

Lauded for its business-friendly environment conducive to investment, Hong Kong has always been the go-to destination for companies from all over the world wanting to set up a regional base for their operations in Asia. One of Hong Kong’s key appeals lies in its wide range of admission schemes for foreign talents, professionals and entrepreneurs. In the 2022 Policy Address delivered on 19 October 2022, Hong Kong’s Chief Executive, Mr John Lee, underscored the importance of embarking on an all-out quest for global “top-notch talents”. In the unrelenting “trawl” for talents, new schemes and facilitation measures will be launched, and existing schemes will be streamlined and enhanced to increase talent mobility.

As a general rule, it is a mandatory for any person without the right of abode or right to land in Hong Kong to obtain a visa prior to taking up residence and employment or conducting investment activities. This guide seeks to provide information on the different schemes currently available under which quality talents can be admitted into Hong Kong.

General Employment Policy (“GEP”) – Professionals

This GEP route applies to professionals from overseas, Taiwan and Macao, and is not subject to any quota or sector restrictions. Eligible applicants are defined as those that possess special skills, knowledge or experience of value to and not readily available in Hong Kong. The GEP, however, does not apply to residents of Mainland China and nationals of Afghanistan, Cuba, Laos, Democratic People’s Republic of Korea, Nepal and Vietnam.

Overseas Chinese nationals holding a People’s Republic of China passport may be eligible for the GEP if they have an overseas permanent residence or have been living overseas for at least one year immediately prior to submitting the application.

The following criteria are taken into account to determine whether an application under the GEP for professionals will be considered favourably:

• The applicant has no criminal record in respect of serious offences, and there are no security objections;
• The applicant has a good level of education, usually a relevant first degree. In the absence thereof, good technical qualifications, proven professional abilities may suffice under certain circumstances;
• There is a genuine job vacancy;
• The applicant holds a confirmed offer of employment, and the job aligns with his or her academic qualifications or work experience and cannot be readily taken up by the local workforce; and
• The remuneration package, including income, accommodation, medical and other fringe benefits, stands generally in proportion to market rates in Hong Kong.

Extension of stay

Qualified applicants admitted under the GEP will usually be permitted to stay in Hong Kong for an initial period of 24 months – subject to employment condition or the duration of the employment contract (whichever is shorter). An extension of stay can be applied within four weeks before their initial stay expires, the approval of which will be subject to applicants’ continued adherence to the above criteria. Usually, an extension of stay is based on the “3-3 years” model.

Subject to continued adherence to eligibility requirements, applicants may be eligible for the top-tier employment stream if they have been allowed to undertake employment as a professional in Hong Kong under the GEP for no less than two years, and their assessable income for the purposes of salaries tax is no less than HKD2 million in the previous tax year. Upon approval, applicants will usually be granted an extension of stay for a period of six years.

Admission Scheme for Mainland Talents and Professionals (“ASMTP”)

The ASMTP applies to residents of Mainland China with special skills, knowledge or experience of value to and not readily available in Hong Kong.

The criteria to determine whether an application under the ASMTP will be favourably considered are the same as that listed under the “General Employment Policy (“GEP”) – Professionals” section above. Applications for extension of stay are also subject to the same restrictions.

Applicants under the ASMPT who have taken up employment as a professional for no less than two years are also eligible for the top-tier employment stream as detailed in the previous section, subject to the same assessable income tax requirements and ongoing compliance with the eligibility criteria.

General Employment Policy – Entrepreneurs

The alternative route of GEP applies to entrepreneurs who wish to establish or join a business in Hong Kong. As with the route for professionals, this scheme does not apply to residents of Mainland China and nationals of Afghanistan, Cuba, Laos, Democratic People’s Republic of Korea, Nepal and Vietnam.

The following criteria are taken into account to determine whether an application under the GEP for entrepreneurs will be considered favourably:

• The applicant has no criminal record in respect of serious offences, and there are no security objections;
• The applicant has a good level of education, usually a relevant first degree. In the absence thereof, good technical qualifications, proven professional abilities may suffice under certain circumstances;
• The applicant is able to make a substantial contribution to Hong Kong’s economy; in making this assessment, the below non-exhaustive list of factors will be considered:
  • Business plan: A two-year business plan is to be submitted containing details of the nature of the business, market analysis, market positioning, business direction, sales targets, product marketing strategy, etc.

    In determining whether the applicant’s business will contribute to Hong Kong’s economic growth, the Immigration Department may consult other government departments or professional bodies, as well as consider whether the business will complement the development of Hong Kong’s four pillar industries, i.e., trading and logistics, tourism, financial services, and professional and producer services.

  • Business turnover: Applicants wishing to set up a business in Hong Kong will be required to submit a two-year forecast of profit-and-loss account statement and balance sheet, including the anticipated business turnover. If applicants run a similar business overseas or have joined a business in Hong Kong, they should also submit the previous year’s profit-and-loss account statement and balance sheet. Applicants’ investment or working experience in the relevant field will also be taken into consideration.
  • Financial resources: Applicants should produce proof in respect of sources of funding and demonstrate sufficient availability of financial resources to run and sustain a business in Hong Kong. The submission of last year’s bank statements of personal and company accounts will also be required.
  • Investment sum: Applicants should produce proof stating the amount of capital investment in Hong Kong. The Immigration Department shall assess whether the investment amount is adequate to cover the operation of the business.
  • Creation of local job opportunities: Applicants should indicate the number of local job opportunities that will be created from the establishment of the business as well as provide details of the business’ organisational structure.
  • Introduction of new technologies or skills: If appropriate, applicants should show how their business will contribute to Hong Kong’s development as a knowledge-based economy through the introduction of new technologies or skills.
  • Start-ups: Applicants wishing to establish or join a start-up business are also welcome to apply. Those that are a proprietor or partner of the start-up or a principal researcher of the project, participating in government-supported programmes with a thorough selection process will be considered more favourably. Such programmes include the following:
    – StartmeupHK Venture Programme by InvestHK;
    – Incu-App, Incu-Bio and Incu-Tech programmes by the Hong Kong Science and Technology Parks Corporation;
    – Cyberport Incubation Programme;
    – Enterprise Support Scheme by the Innovation and Technology Commission;
    – Design Incubation Programme by the Hong Kong Design Centre.

Quality Migrant Admission Scheme (“QMAS”)       

A quota-based entry arrangement, the QMAS is aimed at highly skilled talents who do not yet hold a confirmed offer of employment in Hong Kong but are keen to explore settling and working in Hong Kong. The scheme is not subject to any sector restrictions. Nationals of Afghanistan, Cuba, Laos, Democratic People’s Republic of Korea, Nepal and Vietnam are not eligible under the scheme. The selection mechanism comprises three stages: applicants must firstly fulfil certain prerequisites before being assessed according to a points-based system and subsequently undergoing a selection process for the purposes of quota allocation.

Stage 1: Prerequisites

Applicants must fulfil the following requisites before proceeding to the next stage of consideration:

• The applicant must be aged 18 or above when submitting an application;
• The applicant must show that he or she has the financial means to support and accommodate himself or herself as well as his or her dependants;
• The applicant should not have a criminal record or poor immigration record in Hong Kong or elsewhere;
• The applicant should be proficient in written and spoken Chinese (Putonghua or Cantonese) or English;
• The applicant must have a good level of education, usually a first degree from a recognised university or a tertiary institution. In the absence thereof, good technical qualifications, proven professional abilities and/or proven experience and achievements may suffice under certain circumstances.

Stage 2: Points-based assessment

Applicants who meet the above prerequisites can elect to be assessed under either the General Points Test or the Achievement-based Points Test.

Under the General Points Test, the following six point-scoring factors are taken into consideration:

• Age: Applicants between 18 and 39 are awarded the highest number of points;
• Academic or professional qualifications: Applicants holding a doctoral degree or two or more master’s degrees are awarded the highest number of points;
• Work experience: Applicants possessing no less than 10 years’ graduate or a specialist-level work experience, including at least five years in a senior role are awarded the highest number of points;
• Talent list: Applicants may score additional points if they meet the requirements of the respective profession on the Talent List, under which the following professions have been deemed the most sought after in Hong Kong:
  – Professionals in compliance in asset management;
  – Financial professionals in Environmental, Social and Governance;
  – Waste treatment specialists;
  – Asset management professionals;
  – Marine insurance professionals;
  – Actuaries;
  – Fintech professionals;
  – Data scientists and cyber security specialists;
  – Innovation and technology experts;
  – Naval architects;
  – Marine engineers and superintendents of ships;
  – Creative industries and performing arts professionals;
  – Dispute resolution professionals and transactional lawyers
• Language proficiency: Being proficient both in written and spoken Chinese (Putonghua and Cantonese) as well as English is awarded the highest number of points;
• Family background: Applicants can score points for having at least one immediate family member who is a Hong Kong permanent resident living in Hong Kong, an accompanying married spouse who is a degree holder, and having an accompanying unmarried dependent child under the age of 18.

As the bar is set very high, the alternative Achievement-based Points Test is generally reserved for exceptionally gifted talents, for example, those that have received Olympic medals, Nobel Prizes or similar awards.

Stage 3: Quota allocation exercise

Applicants must compete with one another for a place: those who fulfil both the prerequisites and achieve the minimum passing mark under the General Points Test will be ranked based on the scores given. High-performing applicants will be short-listed for further consideration. In its recommendation to the Director of Immigration, the Advisory Committee on Admission of Quality Migrants Professionals will draw on a range of factors, including Hong Kong’s socio-economic needs and the sectoral range among the pool of candidates. Results of the periodic quota allotment exercise are published on the Immigration Department’s website.

Technology Talent Admission Scheme (“TechTAS”)

The TechTAS is a fast-track entry arrangement designed for qualified companies to facilitate the admission of technology talents from abroad and the Mainland to undertake research and development (“R&D”) work. Qualified companies must initially apply for quota, and upon allocation of quota, they can sponsor an eligible technology talent to apply for an employment visa or entry permit within the two-year validity period.

Eligible technology companies

The applicant company must have substantive business operations in Hong Kong and hold a valid Business Registration Certificate. It must also be engaged in one of the following qualified areas of R&D research: artificial intelligence, biotechnology, cybersecurity, data analytics, financial technologies, material science, robotics, 5G communications, digital entertainment, green technology, integrated circuit design, Internet-of-Things and microelectronics.

Eligible technology talents

In order to be admitted as a non-local technology talent under the TechTAS, the applicant must fulfil the following criteria:

• Be employed as a full-time employee in Hong Kong by the applicant company;
• Be engaged primarily in carrying out R&D activities in the above-mentioned qualified R&D areas;
• Degree holders in a science-, technology-, engineering- or mathematics-related (“STEM”) subject from a renowned university, which is ranked among the top 100 academic institutions for STEM-related subjects under one of the approved world university ranking tables (latest publication);
• While work experience is not mandatory for holders of master’s or doctoral degrees, bachelor-degree holders should possess one year’s experience working in a relevant field at the minimum; and
• Be offered renumeration that is in line with market rates for similar jobs in Hong Kong.

Applicants falling short of the above requirements but with proven technical skills and professional abilities and/or relevant experience and achievements in an appropriate area may be considered on a case-by-case basis.

An alternative application route is available for tenants, incubates, grantees or occupants of the Hong Kong Science and Technology Parks Corporation or the Hong Kong Cyberport.

Updates to talent admission schemes: 2022 Policy Address

Streamlining the GEP and the ASMTP

In respect of vacancies for the 13 professions listed on the Talent List and vacancies with an annual salary of HKD2 million or above, employers are no longer required to prove that it is difficult to recruit local talents to fill the relevant positions when lodging applications under these admission schemes. An updated Talent List is expected to be released in the first quarter of 2023.

Easing entry under the QMAS

The annual quota under the QMAS has been suspended for two years to increase the number of world-class talents admitted into Hong Kong.

Enhancing the TechTAS

The requirement for technology companies to hire additional local employees and interns alongside the admission of overseas technology talents under the TechTAS has been lifted. Previously, for every one to three non-local talents admitted under the TechTAS, the applicant company was required to hire one new local full-time employee as well as two local interns. In addition, the range of qualified R&D areas will be broadened to include more emerging technology fields.