Immigration Law

Our Members possess significant expertise in the realm of Hong Kong Immigration Law, a critical area given the territory’s role as a vibrant international hub for business, study, and leisure. Understanding the complexities and legalities surrounding immigration is essential for individuals and corporations seeking to navigate the regulatory landscape effectively.

The Framework of Immigration Law in Hong Kong

Hong Kong’s immigration policies are governed by the Immigration Ordinance, which stipulates the legal requirements for entry, stay, and residency in the territory. The Director of Immigration holds the authority to grant permissions for various purposes, including:

• Employment: Approval is required for foreign nationals wishing to work in Hong Kong. This process includes various work visas tailored to different types of employment, such as skilled workers, professionals, and business investors.

• Study: Students seeking to study in Hong Kong must obtain student visas, which also involve specific requirements regarding enrollment in recognised institutions.

• Business: Individuals wishing to establish or invest in a business in Hong Kong must navigate a comprehensive application process to secure the necessary business visas.

• Leisure: Entry for tourism or visiting purposes also falls under the Ordinance, with various conditions applied based on nationality and length of stay.

Significance of Compliance

Non-compliance with the provisions of the Immigration Ordinance is treated as a serious offence, often resulting in:

• Criminal Penalties: Offenders may face imprisonment, fines, or deportation depending on the severity of the violation. Such consequences underscore the importance of understanding immigration regulations and maintaining compliance.

Expertise at Liberty Chambers

Members of Liberty Chambers are adept at advising individuals and corporations wishing to relocate, work, or study in Hong Kong. Their expertise encompasses several key areas:

• Visa Applications: Finding the right visa and ensuring all application documentation meets the stringent requirements set forth by the Immigration Department. Barristers expertly guide clients through the application process, enhancing the chances of a successful outcome.

• Business Establishment: Assisting entrepreneurs and investors in understanding the regulatory framework for establishing a business in Hong Kong. This includes expert advice on the necessary visas, compliance obligations, and business registration processes.

• Employment Advice: Guiding employers on the legal implications and responsibilities involved in hiring foreign workers, including understanding sponsorship obligations and ensuring adherence to immigration laws.

Representation and Advocacy

Members of Liberty Chambers also possess the necessary expertise to represent clients before the Director of Immigration, particularly in situations involving potential or actual prosecutions under the Immigration Ordinance:

• Challenging Decisions: Representing clients in appeals or reviews of immigration decisions where applications may have been denied or in cases where clients face deportation or other enforcement actions.

• Investigating Compliance Issues: Providing strategic advice to clients when compliance issues arise, including addressing any allegations of breaches of the Immigration Ordinance, trafficking laws, or employment violations related to foreign workers.

• Prosecutorial Expertise: Understanding the processes and intricacies related to prosecutions under immigration law, barristers can mount effective defences or negotiations, protecting clients’ rights and interests.

Holistic Client Support

Liberty Chambers emphasises a thorough understanding of the unique needs of each client, offering tailored services that ensure a smooth transition into Hong Kong.

• Multifaceted Approach: Recognising that immigration matters often intersect with other legal areas such as labour law, corporate law, and human rights, barristers are equipped to provide comprehensive support that addresses all aspects of a client’s situation.

• Cultural and Practical Insights: Members possess not only legal knowledge but also an understanding of the international context and cultural nuances inherent in immigration matters, which aids clients in adapting to their new environment.

Summery

In short, our barristers at Liberty Chambers bring extensive knowledge and experience in Hong Kong immigration law, guiding individuals and corporations through a complex landscape marked by strict regulations and requirements. Their commitment to client advocacy, compliance, and effective representation makes them invaluable allies for anyone seeking to navigate life in Hong Kong, whether for work, study, or establishing a new business.