TTPS Category A Top Talent: HK$2,000,000 and Two-Year Stay

Introduction

Since its launch at the end of 2022, the Top Talent Pass Scheme (TTPS) has seen Category A applications — those with an annual income of HK$2,500,000 in the year immediately preceding the application — serve as the main channel for attracting high-income talent. However, the Immigration Department has established a more attractive “Top Talent” pathway at the extension stage: if, at the time of submitting an extension of stay application, an applicant has been permitted to remain in Hong Kong under the TTPS for not less than two years, and the assessable income for salaries tax in the preceding year of assessment reached HK$2,000,000 or above, they may be granted a limit of stay of generally six years, without being subject to other conditions of stay. This pathway allows eligible Category A holders to jump directly from an initial 36-month limit of stay to a six-year Top Talent limit of stay, greatly streamlining the holder’s identity planning and business arrangements in Hong Kong. This article unpacks the legal definition of this pathway, the recognition of assessable income, the calculation of the two-year residence, the application process and potential risks, and provides primary policy sources for readers to verify.

Legal Framework: From TTPS Category A to “Top Talent”

The statutory basis of the Top Talent Pass Scheme is section 2A of the Immigration Regulations (Cap. 115A) and the administrative guidelines issued by the Director of Immigration. The scheme is divided into Categories A, B and C. Category A applicants must have an annual income of HK$2,500,000 in the year immediately preceding the application to be granted an initial 36-month limit of stay. The Immigration Department clearly lists the income proof requirements for Category A on its scheme overview page, but does not directly address the “Top Talent” extension concession — that provision is instead set out in question 20 of the Frequently Asked Questions on Extension of Stay.

Under that provision, an applicant who meets both of the following conditions is treated as a “Top Talent” and will be considered, at extension, for a longer limit of stay:

1. The applicant has been permitted to remain in Hong Kong under the TTPS for not less than two years; and
2. The applicant’s assessable income for salaries tax in the preceding year of assessment reached HK$2,000,000 or above.

Successful cases are normally granted an extension of stay of six years, without other conditions of stay (such as an employer tie or industry restriction). In other words, if the original Category A holder meets the salary threshold and residence duration within the first 36-month limit of stay, they can jump directly from the initial stay to a six-year Top Talent limit of stay, without, as in ordinary extension cases, being granted only an extension of not more than three years.

The HK$2,000,000 Assessable Income: The Substantive Requirements Behind the Figure

Many applicants intuitively conflate the Category A threshold of “income of HK$2,500,000” with “assessable income for salaries tax of HK$2,000,000”, yet in substance the two differ significantly in calculation basis, the chargeable year concerned and supporting documents. By contrast, the HK$2,000,000 under the Top Talent pathway must be the “assessable income for salaries tax in the preceding year of assessment”, based on the figure stated in the Notice of Assessment issued by the Inland Revenue Department (IRD).

A year of assessment is the chargeable year running from 1 April each year to 31 March the following year. Applicants must submit the salaries tax Notice of Assessment for the relevant year of assessment; the figure in the “Assessable Income” column of the notice must reach HK$2,000,000 or above. The IRD states in its explanation of the Notice of Assessment that assessable income is the net amount of a taxpayer’s total income in that year of assessment (including salaries, commissions, bonuses, pensions, share awards, etc.) after deductible expenses, and is therefore stricter than mere “income”.

It is worth noting that even if an applicant’s actual annual salary far exceeds HK$2,500,000, if within the year of assessment there are unvested shares, bonuses deferred to the next year of assessment, or overseas income not brought into Hong Kong salaries tax, the assessable income on the Notice of Assessment may still fall below HK$2,000,000. The Immigration Department will not accept the applicant’s employment contract or bank statements in place of the assessment document; therefore, Category A holders intending to follow the Top Talent pathway must plan their tax filing and assessment timing early to ensure they can submit a Notice of Assessment for a favourable year of assessment when submitting the extension application.

In practice, the first batch of applicants granted TTPS Category A visas entered Hong Kong in early 2023, and their first 36-month limit of stay will expire in early 2026. If they attained assessable income of HK$2,000,000 in the 2023/24 year of assessment (i.e. 1 April 2023 to 31 March 2024), they can, after receiving the Notice of Assessment issued by the IRD in November to December 2024, immediately meet the Top Talent criteria when their stay expires for extension in early 2026. Conversely, if income is concentrated in the 2024/25 year of assessment (1 April 2024 to 31 March 2025), the notice will be issued no earlier than after November 2025, by which time the applicant will have missed the original first visa period and must first apply for a general extension and convert category at a later stage.

Recognising the Two-Year Residence: Timing and the Evidence Chain

The “initial limit of stay granted” for a TTPS Category A visa is generally 36 months; the Immigration Department clearly states the date of grant and the date of expiry on the issued entry label (e-visa).

Section 2(2) of the Immigration Ordinance (Cap. 115) gives a detailed explanation of “continuous ordinary residence”, but the residence requirement under the Top Talent category is not equivalent to the seven-year continuous ordinary residence of a permanent resident.

• Validity of the visa: the applicant must never have breached a condition of stay (for example, no overstaying, no working without permission) and the visa must not have been cancelled.
• Substantive ties in Hong Kong: although continuous presence in Hong Kong is not strictly required, the applicant must demonstrate their work, business or principal family ties in Hong Kong. If the holder is away from Hong Kong for prolonged periods, the Immigration Officer may request a supplementary explanation; once it is questioned that the centre of life has been moved away from Hong Kong, the extension may be impeded.
• Timing of submission: an application for extension of stay may be made within three months before the limit of stay expires, and should be submitted at least six weeks before expiry. Applicants should prepare documents such as the salaries tax Notice of Assessment in advance to avoid delay.

To reliably build residence evidence, it is recommended to retain the following document checklist: tenancy or property ownership proof, electricity bill or rates demand note, company secretary’s director/shareholder records, Mandatory Provident Fund (MPF) contribution records, children’s school enrolment records in Hong Kong, Hong Kong bank statements, etc. Although these documents are not mandatory items in the Immigration Department’s regulatory checklist, they can effectively corroborate that the “two-year residence” is not merely paper time on a visa when queries arise.

Top Talent Extension Application: Process, Documents and Timeline

After meeting the Top Talent threshold, applicants may submit their application under the Immigration Department’s online service for extension of stay. The steps are as follows:

1. Under the “Application Category” field of the form, the “Top Talent Category” must be ticked, and in the remarks column state “Application for extension under the Top Talent category of the TTPS”.
2. Upload supporting documents: must include (a) a valid passport or travel document; (b) the current TTPS e-visa; (c) a scanned copy of the original salaries tax Notice of Assessment for the preceding year of assessment, clearly showing the name, file number and assessable income amount; (d) if the applicant is a company holder, relevant business registration certificate and audited financial statements may also be uploaded as supporting documents, but this is not mandatory.
3. Pay the fee: upon submission, the relevant application fee must be paid; upon approval, the visa fee must be paid. Both can be settled online.
4. Verification and processing time: the Immigration Department generally completes vetting within two to three weeks after receiving the documents. It may during this period request supplementary documents proving “two years’ residence in Hong Kong”. If approved, the applicant will receive an electronic extension of stay visa, with the expiry date uniformly six years from the date of grant.
5. Collect the new visa and notify relevant parties: the new visa is not tied to an employer; after approval, the applicant may freely change jobs, start a business, suspend work or leave Hong Kong for certain periods, without notifying the Immigration Department.

It is worth emphasising that the six-year grant under the Top Talent pathway is a “one-off grant” with no need for a further extension in between. If the holder has been ordinarily resident in Hong Kong continuously for seven years and meets the definition in section 2(2) of the Immigration Ordinance, they may then apply for permanent resident status. Based on the initial 36-month visa and the six-year Top Talent extension, the total period of stay exceeds seven years, giving the holder ample buffer time to arrange permanent residency matters.

Strategic Value and Potential Risks

From an identity-planning perspective, the Top Talent pathway offers notable certainty. Ordinary TTPS Category A or B applicants who do not qualify as Top Talent are generally granted an extension of stay of not more than three years each time (or until the employment contract expires), and must repeatedly prove work, income and residence ties each time, with greater variables. Once a Top Talent is granted six years, they essentially approach a “semi-permanent” status before obtaining permanent residency, greatly reducing administrative risk.

However, this pathway also carries several potential risks that applicants should manage early:

• Chargeable-year mismatch risk: as mentioned, if the HK$2,000,000 Notice of Assessment cannot be obtained within the first 36 months, one must first go through a general extension and wait for the next year of assessment’s notice before converting category. Some individuals may need to extend once more, lengthening the overall timeline and increasing costs.
• Volatility of the assessed amount: if within that year of assessment there are unvested share options, deferred company year-end bonuses, or partnership business losses offsetting salaries income, the figure on the Notice of Assessment may fall short even if actual cash flow is ample.
• Tightening residence review: when vetting, the Immigration Department assesses whether the applicant has established substantive ties in Hong Kong; if the principal place of employment or centre of life is not in Hong Kong, the applicant may have to supplement address proof and explain prolonged absence, and vetting may thus be delayed.
• Uncertainty of policy change: the Top Talent arrangement is a current administrative measure; the Government may adjust the relevant thresholds administratively (for example, raising the income requirement or imposing a minimum number of residence days). Applicants should watch the latest policy developments and plan early.

From a tax perspective, taxpayers should discuss with a Hong Kong-licensed tax representative to ensure salary income reaches the threshold within a single year of assessment. For example, the timing of bonuses and equity incentives for tax purposes could be aligned to avoid spreading across two years of assessment.

Frequently Asked Questions and the Immigration Department’s Interpretation

Q1: Must a Top Talent be a Category A applicant? The Immigration Department does not restrict Category B or C applicants from applying for the Top Talent category; they need only satisfy the two requirements of “assessable income for salaries tax of HK$2,000,000” and “two years’ residence in Hong Kong”. Since the income thresholds for Categories B and C are far below HK$2,000,000, in practice few move from B/C to Top Talent, but the system is fully open.

Q2: If a spouse’s salaries tax reaches HK$2,000,000, can they apply as the principal applicant to convert to Top Talent? No. A Top Talent extension must be based on the original TTPS visa holder; a dependant’s income cannot be substituted.

Q3: The amount shown on the Notice of Assessment is HK$2,005,000 — is that sufficient? Sufficient. Assessable income of HK$2,000,000 or above meets the income criterion; whether the Top Talent category is approved is determined by the Immigration Department based on the overall circumstances.

Q4: Do directors’ fees or rental income from property count as salaries tax? Only the portion defined by the IRD as office or employment income is counted in the assessable income for salaries tax. Pure rental income from property generally falls under property tax or profits tax and is not counted as salaries tax. Therefore, one must ensure that the HK$2,000,000 consists entirely of employment- or office-related income and has been declared as salaries income on the Individual Tax Return (BIR60).

Q5: After a Top Talent is approved, can one immediately change jobs or temporarily not work? Yes. Because the Top Talent visa is not tied to an employer, the holder may freely change jobs, start a business, study, or even leave Hong Kong for a period, without affecting the visa’s validity, until considering permanent residency after six years.

Conclusion

If TTPS Category A holders can accurately grasp the timing of salaries tax assessment and the rhythm of residence, they are fully positioned to secure Top Talent status in one step at the first extension. This not only saves the administrative burden of subsequent extensions but also paves a smooth path toward Hong Kong permanent residency. However, policy details — particularly the year attribution of the Notice of Assessment, the accumulation of residence evidence, and the Immigration Department’s review of residence ties and assessment documents — all require early planning. Interested readers are advised to save the official links cited in this article and discuss personalised options with tax advisers and immigration law professionals.

This article is for information reference only and does not constitute legal advice. For case-specific assessment, consult a licensed adviser holding professional qualifications from the Law Society of Hong Kong or the Hong Kong Institute of Certified Public Accountants.