The HKSAR Government has implemented a number of talent admission schemes in recent years to “grab talents”. Among them, the QMAS has become one of the most popular schemes due to its features of no investment and no industry restriction.
According to statistics, from December 28, 2022 to September 30, 2024, a total of 132,000 people applied for the scheme.
However, the approval of the merits is only the starting point, in order to obtain the Hong Kong permanent resident status, applicants need to successfully renew the visa and meet the requirement of “ordinary residence” for 7 years.
01
Mode of Renewal under the QMAS
The QMAS is divided into two application modes, i.e. the General Points System (GPS) and the Achievement-based Points System (APPS), and the renewal modes are also different:
? General Points System
Under normal circumstances, the renewal mode is “3 years + 3 years + 2 years”, i.e. the applicant will be granted a 3-year visa directly upon the first approval, and will need to renew the visa twice thereafter.
If the applicant is a high-income earner, i.e. he/she has been authorized to stay in Hong Kong for not less than 2 years and his/her assessable income for salaries tax in the preceding year of assessment is not less than HK$2,000,000, he/she can renew his/her visa for 5 years in one go, i.e. the “3 years + 5 years” renewal mode.
? Achievement-based point system
Approved applicants will be granted an 8-year visa in one go.
02
Requirements for Renewal of Premium Program
“There are also significant differences between the renewal requirements for the Comprehensive Points-Based System and the Achievement-Based Points-Based System.
? General Points System
For successful applicants under the “General Points System”, the key to visa renewal lies in two points:
(i) Being settled and having a fixed abode in Hong Kong: “Settled” in this context means “ordinarily residing” in Hong Kong and not subject to any condition of stay in Hong Kong.
Contribution to Hong Kong: The applicant must have substantial employment in Hong Kong, such as a salaried position at degree, specialist or senior level, or be a self-employed entrepreneur and run a company.
Some people may not understand what “ordinarily resident” means.
According to the official definition, a person is considered to be “ordinarily resident in Hong Kong” if he/she resides in Hong Kong lawfully, voluntarily and for the purpose of settlement (e.g. studying, working or residing, etc.), regardless of the duration of his/her stay.
Regarding the specific criteria for determining “ordinarily resident”, the ImmD will normally consider the following factors:
① The reason, duration and frequency of absence from Hong Kong;
② Whether the applicant has his/her habitual residence in Hong Kong (including spouse and children);
③ Whether the applicant is employed by a Hong Kong company or runs a Hong Kong company;
④ Location of principal family members (spouse and minor children);
⑤ Whether he/she has a reasonable income to support himself/herself and his/her family;
(vi) Whether they file tax returns legally and on time.
Therefore, we can conclude that although the renewal of a Premium Talent Visa requires the applicant to reside in Hong Kong, it does not mean that he/she must reside in Hong Kong for a long period of time.
Achievement-based Points System (APPS)
For successful applicants under the APT, they will normally be granted a residence visa for up to eight years on first entry and will not be subject to any other conditions of stay.
For extension of stay, applicants are required to prove that they can independently support the living and accommodation expenses of themselves and their dependants during their stay in Hong Kong.
03
Renewal Focus of the Premium Talent Program
According to the past cases, the applicants of the QMAS can be categorized into four different types of situations, each of which requires different focuses during the renewal process.
01. Applicants residing in Hong Kong
If the applicant himself/herself is residing in Hong Kong, regardless of whether he/she is studying, working or starting a business in Hong Kong, he/she will not encounter too many problems in the visa renewal process.
02. Dependants are in Hong Kong but the applicant is not
If the applicant is not residing in Hong Kong for a long period of time, but his/her children are receiving education in Hong Kong and his/her spouse is taking care of the children's daily life in Hong Kong, this state of family life also proves that there is a strong link with Hong Kong, which will help to renew his/her visa smoothly.
03.Employed by a Hong Kong company and not residing in Hong Kong
An applicant who is employed by a Hong Kong company and needs to reside in the Mainland for a long period of time or is expatriated to another country/region due to his/her work can still successfully renew his/her visa as long as the Hong Kong company pays his/her salary, contributes to the Mandatory Provident Fund (MPF) scheme and files his/her tax return in Hong Kong.
04.Applicants living in both Hong Kong and Mainland China
Due to work or children's education, some applicants will commute between the Mainland and Hong Kong for a long period of time. As long as the applicant centers his/her life in Hong Kong and is able to provide appropriate supporting documents, then this situation can also be successfully renewed.
To summarize, as long as the applicant can prove in some way that he/she has a close connection with Hong Kong and submit all the relevant supporting documents, he/she will usually not encounter too many problems in renewing his/her visa.
04
Documents Required for Visa Renewal under the Merit Scheme
To ensure successful renewal, applicants should plan their career and time in advance, maintain a sense of “ordinary residence” in Hong Kong, and prepare relevant documents to prove that they have settled in Hong Kong and contributed to Hong Kong.
Generally speaking, the core documents required for visa renewal include:
① A copy of the applicant's Hong Kong Identity Card and Hong Kong and Macau Travel Permit (or a recent travel visa).
② Completed ID91 form for visa renewal application.
③ If employed by a Hong Kong company, employment contract, salary payment notice, salary payment record as shown in the bank notice/deposit slip, applicant's job description document issued by the employer.
④ If the company is established in Hong Kong, business registration certificate and other relevant registration certificates, audited financial statements, office lease contract, list of company MPF staff, company profile, proof of the actual amount of investment made by the applicant, proof of the applicant's job description and salary portfolio, and plans for future business expansion.
In addition, applicants may optionally provide the following supplementary documents:
① Proof of children studying in Hong Kong;
② Correspondence address of habitual residence;
③ Purchase of vehicle in Hong Kong, license plate and Hong Kong driver's license;
④ Proof of Hong Kong cell phone's access to the Hong Kong telephone network;
⑤ Utility bills, e.g. utility bills, telephone bills and internet bills;
⑥ Hong Kong credit card and proof of on-time repayment record;
⑦ Proof of insurance coverage in Hong Kong;
(viii) Relevant proof of employees appointed by local companies to work overseas;
⑨ Proof of employment of professionals;
⑩ Proof of community service (charitable organizations, chambers of commerce, private membership, etc.).
Applicants for the QMAS have different motives, either for the education of their children, or for travel convenience, or for career development. However, in order to obtain the permanent residence status, you need to renew your visa carefully.
If you need to renew your visa, please contact Nebula Hai International and we will provide you with a customized solution.