Employment Visa Support Letter (Hong Kong)

An Employment Visa Support Letter in Hong Kong is a formal letter issued by a Hong Kong employer to the Immigration Department in support of a foreign national employee's application for an employment visa (work permit) under the General Employment Policy (GEP), administered under the Immigration Ordinance (Cap. 115). The letter is a mandatory component of every GEP application and must persuasively address the three criteria the Immigration Department applies when assessing whether to grant an employment visa: local labour market unavailability, the applicant's special qualifications, and market-commensurate remuneration.

The Immigration Ordinance (Cap. 115) establishes the legal framework for the entry and stay of non-Hong Kong residents in the city. Under Cap. 115, a foreign national requires a valid employment visa before taking up employment in Hong Kong. Employing a person who does not hold a valid visa authorising employment is a criminal offence for both the employer and the employee — the employer faces a maximum fine of HKD 350,000 and imprisonment for up to 3 years under s. 38AA of Cap. 115. The Employment Visa Support Letter is the employer's formal commitment to the Immigration Department that the hire is genuine, the position is real, and the employer accepts responsibility as the visa sponsor.

The General Employment Policy (GEP), published by the Immigration Department, sets out three cumulative criteria for employment visa approval. First, the applicant must possess special skills, knowledge, or experience not readily available in Hong Kong — the employer must demonstrate that the local labour market cannot supply a suitable candidate for the specific role. Second, the applicant must have a good educational background, typically a first university degree in a relevant field or demonstrably exceptional technical skills. Third, the offered remuneration must be broadly commensurate with the prevailing market rate in Hong Kong for a professional in the relevant field — artificially low salaries designed to circumvent salary disclosure obligations are rejected. The Employment Visa Support Letter must address all three criteria with specific evidence, not generic assertions.

For Mainland Chinese applicants, the equivalent pathway to the GEP is the Admission Scheme for Mainland Talents and Professionals (ASMTP), also administered by the Immigration Department. The ASMTP operates on similar criteria to the GEP but applies to applicants who are permanent residents of Mainland China. The employer's support letter for an ASMTP application follows the same structure as a GEP support letter but references the ASMTP rather than the GEP.

The Employment Visa Support Letter differs from the Employment Verification Letter for Hong Kong — the verification letter confirms existing employment for an employee who is already working in Hong Kong; the visa support letter sponsors a new hire who is not yet in Hong Kong or is present as a visitor and needs a visa to commence employment. The Employment Offer Letter for Hong Kong typically accompanies the visa support letter as supporting documentation for the GEP application, providing the detailed terms of the proposed employment.

Forms-legal.com provides a free Hong Kong Employment Visa Support Letter template structured to address all GEP assessment criteria, with guidance notes on the Immigration Department's documentation requirements. Related documents include the Employment Offer Letter for Hong Kong and the Employment Contract for Hong Kong.

An Employment Visa Support Letter in Hong Kong is needed whenever a Hong Kong employer wishes to hire a foreign national who does not currently hold a visa authorising employment with the specific employer.

New overseas hires who are not Hong Kong permanent residents or holders of the right of abode require an employment visa before commencing work. The employer must submit the GEP application to the Immigration Department with the support letter as the primary document before the employee's intended start date. Given typical processing times of 4 to 6 weeks, the support letter should be prepared and submitted well in advance of the expected commencement date.

Existing employees who are changing visa status need a new support letter. A foreign national who is currently in Hong Kong on a dependent visa or a visit visa and has accepted a job offer from a Hong Kong employer must apply for an employment visa under the GEP. The employer must submit a GEP application with a support letter even though the individual is already physically in Hong Kong.

Employees renewing their employment visa at the end of the initial two-year period need the employer to submit a renewal support letter confirming the continued employment, updated salary, and any changes to the role. Immigration Department renewal requirements are typically less onerous than initial applications, but the employer's support letter is still required.

Employees changing employer — moving from one Hong Kong company to another — need a new employment visa application sponsored by the new employer. The existing visa is tied to the previous employer, and employment with a new employer without a new visa approval is a breach of the Immigration Ordinance (Cap. 115). The new employer must submit a GEP application with a support letter as promptly as possible after the offer is accepted.

Senior executive appointments — including directors, regional heads, and C-suite hires relocating to Hong Kong from overseas offices — require employment visa support letters that specifically address the seniority of the role, the global or regional responsibility scope, and the market-commensurate nature of the executive remuneration package. The Immigration Department applies heightened scrutiny to very high-salary applications to confirm the figures are genuine.

Startups and new companies in Hong Kong that are sponsoring their first overseas hire must confirm the company is fully established — business registration under Cap. 310 or incorporation under Cap. 622, a physical or registered office address — before submitting the GEP application, as the Immigration Department verifies the legitimacy and operational status of the sponsoring employer.

An Employment Visa Support Letter in Hong Kong submitted under the General Employment Policy (GEP) must contain the following elements to satisfy the Immigration Department's assessment requirements under the Immigration Ordinance (Cap. 115).

Employer identification must include the company's full legal name as registered under the Companies Ordinance (Cap. 622) or Business Registration Ordinance (Cap. 310), the registered office address in Hong Kong, the business registration number, the Companies Registry incorporation number for companies, a description of the company's principal business activities and the industry sector, and the name and designation of the authorised signatory (typically a director, HR director, or company secretary).

Applicant identification must state the foreign national applicant's full name as on their passport, passport number and nationality, current location or residency status, and the proposed start date of employment in Hong Kong.

Position description must set out the job title, a detailed description of the duties and responsibilities of the role, the department or business unit, the reporting line, and the reason why this specific role exists and is needed in Hong Kong. The description must be sufficiently specific to demonstrate that the role requires specialist skills not readily available locally.

Local labour market unavailability evidence is critical. The letter must explain what local recruitment efforts were made — advertising on JobsDB, LinkedIn, through recruitment agencies — and why no suitable local candidate was identified. Specificity is key: generic statements that no local candidates were found are insufficient. The letter should describe the specific skills, qualifications, or experience that the local applicant pool lacked.

Applicant qualifications must describe the applicant's educational background, professional qualifications, and work experience that make them the appropriate hire for the role. Specific degrees, professional certifications (e.g. CFA, CPA, engineering qualifications), language skills, or regional expertise that are not readily available locally should be highlighted.

Remuneration package must state the basic monthly salary in HKD, any guaranteed allowances (housing, transport, medical), and annual bonus structure if applicable. The Immigration Department benchmarks proposed salaries against market data — the letter should confirm the offered salary is commensurate with the Hong Kong market rate for a professional of the applicant's experience level in the relevant industry.

Employer commitment statement must confirm the employer's commitment to comply with the Employment Ordinance (Cap. 57), Minimum Wage Ordinance (Cap. 608), and Mandatory Provident Fund Schemes Ordinance (Cap. 485) throughout the applicant's employment in Hong Kong, and that the employer accepts responsibility as the visa sponsor.

Dependants declaration should note the number and relationship of any family members who will be accompanying the applicant and applying for dependent visas, to assist the Immigration Department in processing the applications together. The employer's remuneration figure should reflect support for the dependants accompanying the applicant.

Compliance commitment is a mandatory element of every GEP support letter. The employer must confirm in writing its commitment to comply with the Employment Ordinance (Cap. 57) — including the statutory minimum wage under the Minimum Wage Ordinance (Cap. 608), the mandatory paid annual leave entitlements under s. 41 of Cap. 57, and MPF enrolment obligations under the Mandatory Provident Fund Schemes Ordinance (Cap. 485) — throughout the applicant's employment in Hong Kong. The Immigration Department treats this commitment as evidence that the employer understands its obligations as a visa sponsor.

Under s. 38AA of the Immigration Ordinance (Cap. 115), employing a person who does not hold a valid work authorisation is a criminal offence carrying a maximum fine of HKD 350,000 and imprisonment for up to 3 years. The support letter should therefore be prepared only after the employer has confirmed the applicant's right-to-work status requires a GEP visa, and should clearly state the applicant's current immigration status and the anticipated start date.

Supporting documents that typically accompany the GEP application include: the completed Immigration Department application form; the Employment Offer Letter or Employment Contract for Hong Kong setting out the full terms of employment; copies of the applicant's academic certificates and professional qualifications; the employer's Business Registration Certificate and Companies Registry documents; evidence of local recruitment efforts; and the applicant's passport and recent passport photographs.

Forms-legal.com provides a free Hong Kong Employment Visa Support Letter template covering all required GEP elements, with a built-in compliance checklist for s. 38AA of Cap. 115 and a guidance note on supporting documents. Related documents include the Employment Offer Letter for Hong Kong and the Employment Contract for Hong Kong.