The Quality Migrant Admission Scheme (“QMAS”) is a points based admission scheme for global talents to apply to settle in Hong Kong without first securing a job offer as normally required in work visa application. The scheme was first introduced in February 2006 with an initial quota of 1,000 applicants.

Following the announcement of the Chief Executive’s 2021 Policy Address, the Hong Kong Government has decided to double the annual quota of the QMAS in 2020 to 4,000 entrants. The objective is to attract more talents to come to Hong Kong and to increase Hong Kong’s economic competitiveness. With the introduction of more professional categories, it is expected that Hong Kong will welcome an influx of applications from different sectors. The Talents List was first drawn up in 2018 and now the list covers 13 professions. The latest addition includes professionals in asset management, and environmental, social and governance. Further, individuals from medical and healthcare sciences, microelectronics, integrated circuit design and arts technology, and the disputes resolution/transaction law industries are also now eligible to apply under the QMAS. Potential entrants from other industries and sectors not covered by the Talent List are still welcome to apply as long as they meet the respective eligibility criteria.

The Immigration Department will prioritise the applications of applicants undertaking research and development work under the Technology Talent Admission Scheme (TechTAS). With the expansion of professional categories under the QMAS, it is expected that the Immigration Department may also provide a fast-track arrangement for eligible individuals to work in Hong Kong.

Certain countries have introduced schemes to attract immigrants from Hong Kong. This no doubt posts a threat to Hong Kong on outflow of talents. The significant increase in the Talents quota to a large extent reveals the Hong Kong Government’s effort to counter that threat. Hong Kong has experienced different challenges in recent years. With the strong resilience of Hong Kong people, Hong Kong usually recovers fast from difficult times. Interested candidates with relevant skills and talents should seize this good opportunity to seriously consider coming to Hong Kong to pursue their career dreams.

Our Immigration Team are on standby to help interested applicants understand the requirements and walk through the application process. Please contact our Partner Willy Cheng or Paralegal Arial Ng (arial.ng@sw-hk.com) for any further enquiries or information.

This newsletter is for information purposes only. Its content does not constitute legal advice and should not be treated as such. Stevenson, Wong & Co. will not be liable to you in respect of any special, indirect or consequential loss or damage arising from or in connection with any decision made, action or inaction taken in reliance on the information set out herein.

Immigration Department combats sham marriages

The Immigration Department deployed an officer in disguise to meet sham marriage organizing agents. The operation was known as “Snare 1205”. Five suspects were arrested on 6 December 2017, including the organization’s group leader, 3 members and a women from Mainland China who was suspected of participating in a sham marriage.

The suspects were aged between 26 and 54, four of whom were Hong Kong residents. Upon further investigation, the Immigration’s staff seized the related documents and mobile phones at the suspects’ premises. More people might have been involved and may be arrested later on.

Cases of non-Hong Kong residents and Hong Kong residents entering into a sham marriage have always been under the scrutiny of the Immigration Department. Such illegal organizations or agents will advertise through different social platforms with the aim to lure people to join their illegal activities.

According to the current laws in Hong Kong:
1. Anyone who provides false information to Immigration officers is guilty of an offence with a maximum penalty of HK$150,000 and 14 years imprisonment.
2. It is also an offence to knowingly and willfully make a false oath or declaration for the purpose of procuring a marriage. The maximum penalty for the offence is up to 7 years imprisonment and a fine.
3. Anyone who participates in a conspiracy to defraud is also liable for an offence with a maximum imprisonment of 14 years.

Source: http://www.immd.gov.hk/hkt/press/press-releases/20171208b.html

The US White House officials are intending to propose a new immigration policy, such as hiring 10,000 new immigration enforcement agents. The proposal is not related to the recent DACA (Deferred Action on Childhood Arrivals program) controversy; it is simply one of a broad set of immigration principles that the White house supports.

The blueprint of the principles generally fall into three categories: 1) securing the border, 2) more restricted immigration law to protect American workers and 3) better enforcement on the current immigration laws. The White House will increase the number of immigration agents to achieve the above.

Furthermore, the White House is also considering the implementation of an online system that allows businesses to check their immigration application status quicker and increase the visa fee for visa applications.

Source: https://www.nytimes.com/2017/09/26/us/politics/white-house-immigration-rules-draft.html

UK Home Office makes enormous profits from immigrants
The UK Home Office has been accused of rejecting UK visa applications based on technicalities and forcing visa applicants to reapply in order to increase profits. The UK may have the highest visa fees in the world. It is estimated that the Home Office is making an 800 % profit from some UK visa applications.

For example, the application fee for indefinite leave to enter or remain has been set at £2,297; however the actual cost to process an application is only about £252. This shows a great discrepancy between how much it costs the government to process the application and the fee it charges the applicant.

Not only is the fee higher, the Home Office has even started to introduce a new charge of £5.48 for anyone contacting UK Visas and Immigration from overseas by email.

The Home Office response to the backlash is that the approach is “only right and fair”, since it ensures that those who benefit directly from the UK visa system contribute to it appropriately.

In order to avoid mistakes on technicalities and resubmission, visa applicants should therefore consider employing professionals to apply for their visas on their behalf.

(Source: http://www.independent.co.uk/voices/home-office-immigration-costs-government-huge-profits-underfunded-theresa-may-a7944206.html)

Green Card applicants will now face extra hurdle under Trump’s immigration policy.

Under President Trump’s ‘extreme vetting’ of immigrant policy, Green Card applicants will now be required to go through an interview in order to obtain permanent residence. Although Green Card applicants have always been required to be interviewed under the law, in the past, US Citizenship and Immigration Services (“USCIS”) has always waived such interview for broad categories applicants and focus its resources on higher-risk cases.

According to the USCI, the new policy is designed to combat on illegal immigration and put restrictions on who can enter the US. The new policy will come into effect on 1 October this year, and Green Cards applicants who based their applications under employment or for refugee and asylum will now be subject to a face to face interview. The administration explains in-person interviews will allow officers to verify the application and further discover new relevant information as well as assessing the credibility of the applicant. As a result, this would enhance and strengthen the integrity of the Nation’s immigration system.

It is unknown how many people will be affected by the new policy, but it is certain that it will inevitably add burdens on the system and Green Card applicants will have to overcome an extra hurdle in order to obtain permanent residence.

(Source: http://edition.cnn.com/2017/08/28/politics/trump-administration-green-cards-interviews/index.html)

Would President Trump Let you Immigrate to America?

President Trump expressed his support for a new immigration bill based on a point system which would appear to reduce the number of people that will be allowed to immigrate to the US.

Under the proposed Reforming American Immigration for Strong Employment Act (“RAISE ACT”), applicants will need to acquire points under a number of point-scoring factors including: age; level of education; English ability; salary; investment to be made in the US; whether the applicant has won any Nobel Prize or any comparable internal award; whether the applicant has won any Olympic medal in the past 8 years.

Even with the endorsement of the President, the bill is struggling to get approval from the Congress.

(Source: http://time.com/4887574/trump-raise-act-immigration/)