Best Residence by Investment Lawyers in Yau Ma Tei

About Residence by Investment Law in Yau Ma Tei, Hong Kong

Hong Kong does not operate a formal "residence by investment" or "golden visa" program that grants residency solely in exchange for buying property or investing capital. Instead, residence options that may be relevant to investors and entrepreneurs are managed under Hong Kong immigration law and related business, company and tax rules. Common pathways that people with funds or business plans use include work visas for entrepreneurs and specialized professionals, the Quality Migrant Admission Scheme for talent, and ordinary routes to permanent residence by continuous residence. Yau Ma Tei is a busy, mixed commercial and residential neighbourhood in Kowloon. Legal matters that arise there are governed by the same Hong Kong ordinances that apply citywide, with local practicalities such as the property market, tenancy norms and proximity to government and registry offices affecting how transactions and applications are handled.

Why You May Need a Lawyer

Even though Hong Kong does not have a single simple residence-by-investment scheme, lawyers are often essential in the following situations:

- Structuring a business that will support an employment visa or entrepreneur visa, including drafting business plans, shareholder agreements and employment contracts.

- Preparing and filing immigration applications, including gathering and presenting documentary evidence of funds, business viability and professional qualifications.

- Handling property transactions, including purchase contracts, due diligence, title searches and advice on stamp duties and taxes that affect non-resident buyers.

- Advising on tax consequences, cross-border tax planning and compliance for individuals and companies connected to Hong Kong.

- Resolving immigration refusals, appeals or administrative review processes.

- Preparing documentation to prove ordinary residence for a seven-year permanent residence claim, including addressing gaps in physical presence.

- Managing family and dependent visa applications and complex personal circumstances such as criminal records, previous deportations or overlapping immigration histories.

Local Laws Overview

Key legal instruments and legal points to understand when considering residence via investment-related routes in Yau Ma Tei or elsewhere in Hong Kong include:

- Immigration Ordinance (Cap 115) and associated regulations - the primary law governing entry, visas, stay conditions and procedures for obtaining permission to remain in Hong Kong.

- Companies Ordinance - incorporation, corporate structure, director duties and filing obligations for businesses you may want to set up to support a visa application.

- Stamp Duty Ordinance - duties payable on property transactions, including Buyer"s Stamp Duty and special rates that can apply to non-permanent residents and companies.

- Inland Revenue Ordinance - tax rules for individuals and corporations, and reporting obligations that can affect residency planning and investment returns.

- Land Registration and Land Registry rules - requirements for registering land and property interests, conducting searches and confirming title.

- Common law and contract law principles that apply to commercial and real estate transactions, as well as landlord and tenant law for rental matters.

- Right of abode and permanent residence rules under the Basic Law and Immigration Ordinance - in general, ordinary residence for a continuous period of seven years may lead to permanent resident status, subject to exceptions and evidential requirements.

Frequently Asked Questions

Can I get Hong Kong residency simply by buying property in Yau Ma Tei?

No. Purchasing property in Hong Kong does not itself create an immigration route to long-term residency or the right of abode. Property ownership may support certain financial proofs, but immigration permissions must be obtained under specific visa categories.

What investment-related visa routes are available that investors commonly use?

Common pathways used by those with business or investment interests include employment or entrepreneur visas sponsored by a Hong Kong company you control or run, the Quality Migrant Admission Scheme for highly skilled or talented individuals, and other business-related entry arrangements. The former Capital Investment Entrant Scheme was suspended and is not available.

How long do I need to live in Hong Kong to apply for permanent residence?

Ordinary residence for a continuous period of seven years is the typical threshold for applying for permanent residence. The Immigration Department will assess the quality of residence - routine short visits or discretionary stays may not count. Maintaining clear records of physical presence and ties to Hong Kong is important.

Do non-permanent residents pay extra taxes or duties when buying property?

Yes. Non-permanent residents and corporate buyers may be subject to higher stamp duty rates or additional duties, such as Buyer"s Stamp Duty and special ad valorem duties, depending on the transaction and timing. Tax planning and professional advice are important before completing a purchase.

What documents do I need to support an entrepreneur or employment visa application?

Typical documents include a detailed business plan, proof of financial resources and source of funds, company formation documents, contracts or letters demonstrating the need for the applicant"s skills, proof of qualifications and professional experience, passport copies and police certificates. Requirements vary by case.

Can family members come with me if I obtain an investment-related visa?

Many employment and entrepreneur visas permit dependents to apply for accompanying visas. Spouses and dependent children usually need to submit relationship evidence, financial proof that the principal visa holder can maintain them, and other standard documents.

What are common reasons for visa refusal in these cases?

Refusals often arise from insufficient evidence of business viability, inadequate proof of funds or source of funds, weak justification that the applicant"s skills are genuinely needed by the Hong Kong business, immigration history issues, or incomplete or inconsistent documentation.

How long does the visa application process usually take?

Processing times depend on the visa type and case complexity. Straightforward employment or entrepreneur visa applications can take a few months, while complex cases or schemes requiring significant scrutiny may take longer. Allow additional time for preparing a comprehensive application.

Do I need to declare my worldwide income for Hong Kong tax if I move here?

Hong Kong taxes are territorial - income derived from or arising in Hong Kong is taxable. Offshore income may not be taxable in Hong Kong in many cases, but the specific facts matter. You should get tax advice to understand liabilities, reporting obligations and any double taxation issues.

How do I find a lawyer in Yau Ma Tei who understands residence and investment matters?

Look for immigration lawyers or firms with experience handling business and property matters in Hong Kong. Check that the lawyer is a member of the Law Society of Hong Kong or the Hong Kong Bar Association and has specific experience with immigration applications, company law and property transactions. Ask for references, sample cases and a clear fee estimate.

Additional Resources

Helpful agencies and organizations to consult or research include:

- Hong Kong Immigration Department - for visa categories, application procedures and guidance on residence and right of abode.

- Companies Registry - for business incorporation, filing requirements and searches.

- Land Registry and Rating and Valuation Department - for property title searches and valuation information.

- Inland Revenue Department - for taxation rules and obligations.

- The Law Society of Hong Kong and The Hong Kong Bar Association - for lawyer or barrister referrals and professional standards.

- Invest Hong Kong - for information on doing business in Hong Kong and support services for investors and startups.

- Local professional firms - immigration specialists, tax advisers and property lawyers who practice in the Yau Ma Tei and Kowloon area.

Next Steps

If you are considering a move to Hong Kong on the basis of investment, entrepreneurship or employment and need legal assistance, follow these steps:

- Clarify your objective - decide whether your priority is business establishment, obtaining a work visa, family reunification or eventual permanent residence.

- Gather basic documents - passports, proof of funds, business plans, CVs and company documents. Prepare to explain source of funds in clear, documented terms.

- Consult a qualified Hong Kong immigration lawyer or solicitor experienced in business and property matters. Request an initial consultation to review your options and likely timelines and costs.

- Verify the lawyer"s credentials and ask for a written engagement letter that sets out fees, scope of work and expected deliverables.

- Coordinate with other advisers as needed - tax advisors, company secretaries and property lawyers - to ensure a coordinated approach.

- Maintain careful records of your residence, employment and financial activity if you plan to seek permanent residence after the statutory period.

Note - this guide provides general information and does not replace tailored legal advice. For a precise assessment of your situation, consult a qualified legal practitioner in Hong Kong.