Is the Travel Pass as good as a Hong Kong Employment Visa?

We consider the options available to foreigners when planning to travel to Hong Kong for work purposes.

To evaluate options for living and working in Hong Kong, it is crucial to understand the distinct differences between the Hong Kong Travel Pass and the Employment Visa, as each caters to different needs and provides varying rights and limitations.

Hong Kong Travel Pass

The Hong Kong Travel Pass is primarily designed to facilitate frequent visitors to Hong Kong who have a current, pre-existing employment outside of Hong Kong that is going to continue in the future.

• eligibility – primarily issued to frequent travellers who have made more than three visits to Hong Kong in the past 12 months, and to those who are citizens of a country that is provided with visa-upon-arrival privileges. The support of a local contact who can vouch for bona fides is required. It serves to ease entry for business people with substantial regional travel needs
• application – it takes 4-6 weeks to finalise a Travel Pass application and, if successful, the clearance through immigration would be quick and easy. It requires submission of a valid passport, supporting letter from the applicant’s major Hong Kong business contract, supporting letter from the applicant’s current employer, and an application form ID(E)888 with the  applicant’s signature
• validity – generally valid for two years, allowing multiple entries with stays of up to 60 days per entry. A 2-month limit of stay is granted with no questions asked, as well as three years of trouble-free travels between Hong Kong and the applicant’s current country of residence. The applicant is not entitled to Hong Kong Identity Card
• purpose & limitations – this pass is tailored for short term visits primarily for business meetings, conferences, or tourism and does not permit employment

Hong Kong Employment Visa

The Hong Kong Employment Visa is intended for those formally working in the Hong Kong SAR.

• eligibility – applicants must have a confirmed job offer from a Hong Kong-based employer. The employer must demonstrate that the position cannot be filled by local labour and that the applicant possesses essential skills or experience. It is generally issued to professionals, including those in managerial positions, and individuals in industries with a shortage of local talent
• application – the process typically takes 4-8 weeks. It requires submission of a valid passport, employment contract, academic qualifications, and proof of relevant experience. The employer must provide a detailed description of the job and justify the need to hire a foreign worker
• validity – typically, the visa is granted for the length of the employment contract, or up to two years, and is renewable. Applicants may apply for a Hong Kong Identity Card upon arrival
• rights – the visa permits the holder to reside and work in Hong Kong, with the possibility of applying for permanent residency after seven years. It also allows dependents to join the visa holder
• purpose & limitations – it is tailored for individuals seeking employment in Hong Kong. It does not permit self-employment or freelance work

Comparison and implications

• purpose of stay – the Travel Pass is not suitable for employment purposes but is ideal for expedited entry for those with regular business visits. In contrast, the Employment Visa is explicitly required for anyone taking up employment and intending to reside longer in Hong Kong
• legal compliance – utilising a Travel Pass for employment purposes contravenes Hong Kong’s immigration laws and may lead to penalties or deportation
• path to residency – an Employment Visa can lead to permanent residency, granting greater stability for individuals and families. The Travel Pass does not offer such prospects
• flexibility – while the Travel Pass provides flexibility for frequent visits, it is for short term purposes only and does not provide the legal working rights afforded by an Employment Visa

Summary

While the Hong Kong Travel Pass offers convenience for frequent visitors, it does not equate to the long term benefits and legal allowances of an Employment Visa. Employers and individuals are advised to ensure that their visas align with the legal requirements.

Marbury’s Visa & Immigration Services, together with our Human Resources & Payroll Solutions team support clients setting-up or sending employees to work in Hong Kong. Should you require any further information or immigration assistance, please do not hesitate to contact your usual Marbury relationship manager or reach out to us at info@marburys.com.

Author: Michelle Kwong