[Excellent Retrospective] From Appointment Approval to Talent Retention: A Crucial Lesson in Hong Kong Employment Compliance

Hong Kong: A Strategic Gateway for Global Enterprises

As an international hub for business and finance, Hong Kong continues to attract a growing number of companies and professionals seeking to expand their presence in Asia.

To help enterprises anticipate compliance risks and smoothly enter the Hong Kong market, SmartDeer launched the 26th session of its Global Expansion Webinar Series — “From Visa Approval to Talent Retention: The Key to Employment Compliance in Hong Kong.”
The session featured SmartDeer Global Mobility Specialist Flora and Lawyer Ouyang Jintong from Guangyue Law Firm, an expert in family wealth protection and cross-border legal affairs.


Expert Profiles

Flora | SmartDeer Global Mobility Specialist
Having studied in Europe, Flora holds dual master’s degrees in MBA and E-Commerce from Spain. She is well-versed in work visa and permit policies across Hong Kong, Singapore, and major European countries.
With years of experience in global mobility and cross-border talent management, she specializes in designing efficient and compliant employment and visa solutions for enterprises of all sizes — helping multinational teams achieve stable expansion and seamless collaboration.

Lawyer Ouyang Jintong | Guangyue Law Firm
Ouyang focuses on family and corporate wealth protection as well as cross-border legal affairs in the Greater Bay Area. He is experienced in designing asset protection and inheritance structures, and has provided compliance and talent localization solutions for enterprises and high-net-worth clients.
He has received the Guangzhou Bar Association’s Business Achievement Award for three consecutive years, and his handled cases have been selected as typical cases by the Guangdong High Court, reflecting his strong practical experience and international perspective.


Key Insights

Hong Kong: The Strategic Frontline for Global Enterprises

Flora began by highlighting that Hong Kong remains one of Asia’s most open business centers, known for its favorable tax regime, mature business environment, and well-developed talent policies.
It has long been the first stop for Chinese enterprises expanding overseas.

However, she cautioned:

“Hiring foreign employees in Hong Kong is not as simple as it seems — from visa selection to renewal documents, every step is closely tied to compliance.”

Drawing on SmartDeer’s extensive visa service experience, Flora analyzed three major visa categories relevant to enterprises:

  • Top Talent Pass Scheme (TTPS) – For high-income and highly educated professionals; flexible application requirements.
  • General Employment Policy (GEP) – Requires a Hong Kong employer sponsor; the most common type for enterprises.
  • Quality Migrant Admission Scheme (QMAS) – Uses a points-based system, emphasizing applicants’ overall qualifications.

She stressed that GEP visa holders must report to the Immigration Department before changing employers, otherwise it constitutes illegal employment, posing risks for both the company and the employee.


From Approval to Renewal: Common Risks & Practical Solutions

Addressing a key concern for HR teams — visa renewal — Flora pointed out that:

  • Stable employment relationships and salary consistency are critical for renewal approval.
  • Days of residence in Hong Kong are a key factor for Top Talent visa renewals.
  • Companies that lack real operations or pay below-market salaries often face renewal rejections.

She suggested starting the renewal preparation six months in advance and ensuring all compliance documents are complete.
Leveraging SmartDeer’s one-stop EOR/HRO solutions can help enterprises prevent administrative delays due to missing or incorrect documentation.


GEP Visa: Dual Vetting for Employers and Candidates

Flora outlined three major review criteria for the General Employment Policy:

  1. Job Authenticity – The Immigration Department verifies if the position genuinely exists and cannot be filled by local talent.
  2. Employment Stability – The company must have a physical office, reasonable salary levels, and operational history in Hong Kong.
  3. Talent Relevance – Candidates must possess matching educational and professional experience.

“The GEP visa is not a sponsorship system — it’s an employment system,” Flora emphasized.
“What the Immigration Department evaluates is the company’s compliance capacity and the legitimacy of the job role.”

With SmartDeer’s strong track record of communication with Hong Kong Immigration, the team can assist enterprises from job design, documentation, and application submission to renewals, building a complete compliance framework for overseas employment.


Takeaways

This session not only clarified the full process of work visa application and renewal but also revealed the hidden compliance risks many enterprises overlook.
It offered practical guidance for companies planning or already expanding overseas.

In today’s global market — where opportunities and risks coexist — understanding local laws and cultures, and using professional HR compliance solutions, is key to successful internationalization.
Through its in-house teams and integrated EOR/HRO services, SmartDeer helps enterprises enter global markets safely and efficiently.

SmartDeer will continue to follow international market trends and organize more thematic sessions to empower enterprises on their global journey.

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We look forward to seeing you at the next event!



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