Forums Hong Kong Domestic Help

Penalty for Live-out

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ORIGINAL POST
Posted by JollyBee 13 yrs ago
What happens if you caught with your DH living out? She would be working for us full time and at the registered address. She would, on regular occasions, live IN our flat (looking after our dog) but given the size of the flat we'd rather she lived out. We would pay for her digs. I appreciate that it is illegal but was curious to know what the authorities have done when faced with this apparently very common situation.

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COMMENTS
JollyBee 13 yrs ago
Hi Cara, sorry for the slow reply. Was away for a while. Tks for reading the riot act to me.


Still curious to know what HAS happened to people who've been caught.


But I do not get the message!

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JollyBee 13 yrs ago
Cara, I didn't for one minute think you were being nasty. My reference to reading the riot was simply acknowledgement of you quoting the law!


I apologise for the misunderstanding:)


Keep up the neighbourly/friendly support of your fellow Hong Kongers :)

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juergenw 13 yrs ago
It is not allowed anymore to live - out for helpers after 2003 - only for employers having that excemption & having continously hired a helper with that live - out option. Surely checking is very lax - but if they get you & your helper in breaking that law, mostly for your helper it will have terrible consequences: Never get a FDH visa for HK again.

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:-)) 13 yrs ago
Out of curiosity, has anyone ever heard of any employers who have been actually prosecuted for allowing their helper to live out?

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Lovemylife 13 yrs ago
FYI, live out is fine as long as you have a supporting letter.


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Susie1 13 yrs ago
Lovemylife, I agree with Cara, you are very wrong.

Here is a copy and pasted part of employing a helper--Imm rules, on the Imm website


Restrictions on Deployment


Q14: What are the restrictions on deployment of a foreign domestic helper (FDH)?



A14:

An FDH is admitted into Hong Kong for full-time, live-in employment with a specific employer to perform domestic duties at the employer's residence specified in the Standard Employment Contract (the Contract) (ID407). It is provided in Clause 4(a) of the Contract that an FDH should only perform domestic duties for the employer specified in the Contract. The employer should not require or allow the FDH to carry out any non-domestic work. It is also stated in Clause 4(b) that the FDH should not take up any other employment, including part-time domestic duties, with any other person. The employer should not require or allow the FDH to carry out any work for any other person. Clause 4(c) of the Contract stipulates that Clauses 4(a) and (b) will form part of the conditions of stay to be imposed on the FDH by the Immigration Department upon the FDH' s admission to work in Hong Kong. A breach of Clauses 4(a) and (b) will render the helper and/or any aider and abettor liable to criminal prosecution.


The operative words are LIVE IN, and only work in the employers home,no part-time work, plus at the end, any breaches of the clauses will render the helper/and any aider liable to prosecution---prison and prosecution eventual deportation for the helper,huge fines for the employer if they have allowed this, and they would not be allowed to employ another helper.

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Lovemylife 13 yrs ago
Your not getting it. In the first place when you says live- out it doesnt mean you are also working in other doing partime jobs.it means because you dont have a place to sleep with thats why the employer pay for a boarding house.How about drivers here.most of them are live out also. do you think the immigration dont know that?they are just so considerate.why make t a big deal. Its not even a crime.


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:-)) 13 yrs ago
It is in fact a crime for DHs (including drivers who are on DH visa) to live out unless they got permission before 2003. The only reason why live-outs seem to be tolerated is that the Imm Dept doesn't have the resources to monitor. It is also hard to get proof because any DH caught living out can just say, 'I was just visiting a friend today, I normally stay with my employer'. However, if somebody makes a complaint and has admissible evidence, then the Imm Dept will act, and they do carry out raids periodically such as the one in Pokfulam. I just wondered whether there are many cases apart from the publicised ones. If nobody here has heard any then I suspect the answer is probably no.

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Lovemylife 13 yrs ago
Well i havent heard any employer nor helper who has been jailed for that reason.for me its unreasonable really.!besides there are more serious crime to deal with and not with this one. What a very considerate immigration in hk. I guess they understand that helpers have rights to enjoy too. Well if im an employer why not allow my helper to go stay out sometimes. As long as she doesnt do any troubles.

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Susie1 13 yrs ago
Imm. also did a 'sweep out' of helpers in Db a couple of years ago, for living out and working part-time, a van load of them were removed by police.

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Shawnyinhb 12 yrs ago
Thanks for the information on this topic. I happen to know 10 girls who were rounded up last weekend. On of the girls get jealous of the others and told immigration that they living there. All our now in women's correction facility in tuen wan and awaiting their hearing on middle of November. I believe the term they use is breach of contract and subject to max of 2 years and 50,000 max fine. Then they get deported.

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AaliyahM 12 yrs ago
Helpers can stay out for 24 hours, right? How could immigration determine which ones are "living out" and which ones are just "out for the 24 hours"?


HK flats are just too small so I do hope that someday, "living out" arrangements for helpers will be approved by the government.


I know that my old helper used to live out for two nights if she had a long holiday that weekend.

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spurtio 12 yrs ago
As I understand it they will "determine which ones are living out" or not by visiting your home unannounced and inspecting the helper's room/cupboard and what belongings, bed etc, she/he has there.

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Susie1 12 yrs ago
when I had a helper, two inspectors from Imm with ID once turned up unannounced to check her room, and belongings. and went away happy she wasn't living out. Our helper was out shopping at the time.

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Meg2008 12 yrs ago
Here is the information on the Pokfulam stay-out case:

Read More


Cara - you're right about the HKD150,000 fine.


There are many so-called "dormitories" for helpers around town.


I was told that a bedsit can cost as low as $50 a night but I think it is literally only a bed (on a bunk bed) in a cubicle partitioned apartment.


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