4 January 2023
Immigration
Impact High
Summary
In response to the Policy Address announced by Mr. John Lee Ka Chiu, the Chief Executive of Hong Kong
Special Administrative Region (“HKSAR”), on 19 October 2022 to trawl for new talents, the Hong Kong
Immigration Department (“ImmD”) has launched a new immigration policy of Top Talent Pass Scheme
(“TTPS”) on 28 December 2022. The scheme aims at attracting individuals with rich work experience and
good academic qualifications, including high-income talents and graduates from the world’s top
universities, from around the world to Hong Kong.
The application of TTPS can be submitted through a designated portal on either the designated HKSAR
Government’s or the ImmD’s websites.
The Detail
Eligibility
Eligible individuals under the TTPS may apply under of the following 3 categories:
Category A: persons with an annual employment or business income of HK$ 2.5 million of above
(or equivalent in foreign currency) in the year immediately before the date of application;
Category B: Degree graduates of the world’s top 100 universities1
with a minimum of 3 years of work experience from full-time employment or self-employment over the past 5 years immediately
before the date of application; or
Category C: Degree graduates of the world’s top 100 universities1
in the past 5 years immediately before the date of application with less than 3 years of work experience from full-time employment or self-employment, subject to annual quota of 10,000 on a first-come-first-serve basis. This
category is not applicable to those non-local students who have obtained the undergraduate
qualification from a local university in HKSAR.
A list of the world’s top 100 universities can be found here on the Immigration Department’s (ImmD) website:
https://webapp.es2.immd.gov.hk/applies2-client/static/app/assets/pdf/World_top_100_uni_list.pdf
It is not a requirement to have a secured employment prior to applying the TTPS and each applicant can
only be granted an initial entry under the TTPS once.
Applicants of TTPS may apply to bring their spouse and unmarried dependent children under 18 years-old
under the existing dependant policy.
Processing
The standard processing times for the TTPS application is normally 4 weeks from the date of application
filing provided all required documents are in order.
Upon approval of the application, an initial stay of 24 months will be granted on time limitation only without
other conditions of stay. This means applicants are free to take up and change employment or to establish
or join in business in Hong Kong during their permitted stay without the need to seek prior approval from
the ImmD.
Extension of Stay
Applicants under the TTPS who wish to extend their stay in Hong Kong should apply within 4 weeks before
their current limit of stay expires. Upon applying, applicants are required to have secured an offer of
employment which is at the level commonly taken up by degree holders or provide proof of their business,
if they have established or joined in business in the HKSAR. Successful applicants will be granted an
extension on 3-3-year pattern.
Applicants who have been permitted to remain in Hong Kong for at least 2 years under the TTPS and have
an assessable income for salaries tax of not less than HK$2 million in the previous year of assessment
may choose to apply for their extension of stay under the “Top-Tier Employment Stream”. Upon approval,
the ImmD may grant an extension of up to 6 years.
Comparison of The Top Talent Pass Scheme and The Quality Migrant Admission
Scheme
Effective from 1 January 2023, the HKSAR Government has announced to remove the existing annual
quota of 4,000 under the Quality Migrant Admission Scheme (“QMAS”) for 2 years to attract further
applications from world-class talents.
Both TTPS and QMAS has its own merits with an aim of attracting talents from around the world to Hong
Kong. Eligible applicants may consider applying for appropriate visas for their residence in Hong Kong
depending on their individual circumstances. The following is a high-level comparison of the 2 schemes for
reference:
| Top Talent Pass Scheme | Quality Migrant Admission Scheme | |
| Scheme objective | To attract global top talents with rich work experience, good academics or high income to explore opportunities in Hong Kong | To attract highly-skilled or talented individuals to settle in Hong Kong to enhance economic competitiveness |
| Sponsorship requirement | Not required for initial entry | Not required for initial entry |
| Processing time | 4 weeks | Not specified by the ImmD |
| Eligibility and Assessment | Individuals may choose to apply if they fulfil the requirements of Category A, B and C as illustrated in the section of eligibility Application will be assessed based on work experience, education background and income as required under each category. | · Individuals have to fulfil the following scheme’s prerequisites:
o Age o Financial requirement o Good character o Language proficiency o Basic educational qualifications · Application will be assessed by either one of the following point based tests depending on the route the applicant applies under: o General point test; or o Achievement-based points test |
| Annual quota | · Category A & B: Unlimited quota
· Category C: Annual quota 10,000 | 4000 (Quota is suspended for 2 years from 1 January 2023) |
| Initial visa validity | 24 months | · 36 months under the general points test
· 8 years under the achievementbased points test |
| Extension pattern | 3+3 year pattern
6 years for eligible applicant under Top-Tier employment stream | 3+2 year pattern
5 years for eligible applicant under Top-Tier employment stream |
| Dependants | May apply under existing dependant policy | May apply under existing dependant policy |
| Condition of stay | Time limitation only without other conditions of stay | Time limitation only without other conditions of stay |
| Extension of stay requirements | Must have secured employment offer or established/joined a business in HK
May extend under top-tier employment stream if eligible | Must have secured employment offer or established/joined a business in HK
May extend under top-tier employment stream if eligible |
| Eligibility for Hong Kong permanent residence (“HKPR”) | Upon completion of a continuous period of ordinary residence in Hong Kong for not less than seven years, eligible individuals under the scheme may apply for permanent residence. Approval will be subject to the final discretion of the ImmD upon assessment. | Upon completion of a continuous period of ordinary residence in Hong Kong for not less than seven years, eligible individuals under the scheme may apply for permanent residence. Approval will be subject to the final discretion of the ImmD upon assessment. |
Recommended action
The launch of the newly-introduced “TTPS” is welcome news for individuals who are interested in living
and working in Hong Kong whereas the HKSAR Government has set a target of admitting annually at
least 35,000 people through various talent admission schemes from 2023 to 2025. As with any
immigration policies, interested individuals should review their own facts and circumstances in order to
decide which talent admission scheme is more appropriate. In addition, although no secured job offers
are required at the time of the initial application under the TTPS, successful applicants must have
secured an offer of employment or established/joined in business in Hong Kong in order to apply for an
extension of stay upon the expiry of an initial permitted period of stay of up to 24 months. Visa holders
under TTPS will only be granted such initial stay once per the prevailing immigration policy. Hence,
interested individuals are recommended to plan and consider relevant implications carefully in advance.
How we can help
Vialto Partners help employers and talents navigate increasingly complex governmental regulations and
rapidly changing immigration laws so that individuals can move more quickly and compliantly across
borders. Please reach out to your usual Vialto Partners contact or alternatively the below to discuss
further.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or
alternatively:
• James Clemence, Chief Executive Officer, APAC | james.clemence@vialto.hk
• Theresa Chan, Partner | theresa.chan@vialto.hk
• Adam Chiu, Partner | adam.chiu@vialto.hk
• Louis Lam, Partner | louis.lam@vialto.hk
• Bruce Lee, Partner | bruce.lee@vialto.hk
• Steven Lim, Partner | steven.lim@vialto.hk
Further information on Vialto Partners can be found here: www.vialtopartners.com
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