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Q: Z visa and HK employer
Dear all, this is my first post here.
I'm Italian, I work in HK for an HK company (with a regular and registered contract), I have a work permit in HK, and I'm an HK ID holder.
Usually I move to china just to meet some supplier, using a M Visa.
now the HK company is asking me to move for 1 or 2 years in China. note: the HK company doesn't have any office in China, and I should hire a flat.
I'm almost sure that to stay, and work in china (because at the end I'll work in china, even if I'm employed by an HK company), I MUST apply for a Z Visa (permit of residence, visa, and so on) . But my manager insists that a M visa is enough.
So, I'm asking your support to clarify the visa situation:
* must I apply for a Z Visa (as I suppose) or not?
* if I must apply for a z Visa, which is the procedure? (as told I work for an HK company, so I'll be not employed from a Chinese company)
* how to go through this thing without a Chinese sponsor?
I'm confused, but I want to do the RIGHT things, and follow the rules, and pay taxes (because if I work in china I suppose that I must pay taxes in china) as it must be done.
thanks in advance for your support!! and I hope that someone can help me to better understand what I have to do!!
10 years 10 weeks ago in Visa & Legalities - China
Forget the whole Z visa idea, it'll be impossible to get without a company to sponsor you in China..
As far as I heard as long as your salary is coming from HK then your M visa should be fine, and you have a HK ID so you're all set, M visa is correct in this case..
mike695ca:
agreed, as your company doesnt have an office in China youl be there on a sort of legal extended business trip. Althouh you will be living there you wont be making any money in China, just HK , where you are legal. My company is a HK company, with a branch in China so, although i am permantly based here and have a Z visa we have looked into this quite a bit as in the future I might be following the same path. Good luck!
ironman, thanks for your reply.
but, what about tax? I mean, if I'm not in worng, if you spend 183 a year in china, you should pay tax in China. am I right? in order to pay tax, the M visa is ok?
thanks again!!
mike695ca:
its not what you spend. its what you make, as far as I know. And im sure youll be paid from HK, as your company has no office in China, thus no company bank in which to pay you.
I don't know the rules exactly either, but before I knew a group of American engineers who were being regularly rotated in and out of China because a) none of them enjoyed being here, family back home, etc... and b) for legal reasons no single one of them could exceed 180 working days per year in China.
They were all on business visas.
ironman510:
I can help you understand the two key factors: 1. He has a HK ID, thus allows him to get a 1 year M visa..(new rule that was introduced in September 2013.) 2. His salary is from Hong Kong, not China.
