Posted by
ls12345
18 yrs ago
I do not have space for a DH to live in so I will have to employ somebody and make them 'illegally' live-out.(I know most DH prefer this. Of course I would pay a little extra for the rent etc.)
I know a lot of you do not agree with this, but I was wondering if you could tell me the legal implications of doing so.
Thank you
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Sorry, forgot to mention that I am obviously talking about a FDH who will need a visa
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Possible prison sentence and fine
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HI,
Please contact me at sweettagudin@yahoo.com to talk to you about this matter. Thanks.
Kindly regards,
Lisa
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Hi, I own a multi-unit apartment on HK Island (near Sheung Wan/Central) if anyone is looking for an live-out place for your DH. The apt has 7 smaller unit, contact me at hklandlord@yahoo.com if you are interested.
THanks
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Moppet pls tell where you found this information? There is no mention of this on any govt. web page. Is1234 asked what are the legal implications and having conducted a quick search on all govt. info I am not sure that you have the correct info.
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TC
18 yrs ago
Not sure where Moppet saw/got the information but there was a well-publicised case about 4 years ago where the employer (US, I think) was fined $50,000 and banned from employing another helper (permanently or for a fixed period, I also cannot recall that detail), and the helper weas jailed for 6 months then deported with no chance of ever working again in HK. That's the only specific case I can ever recall going through the courts, but at least it made clear the penalties involved.
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dasia
18 yrs ago
My husband was told by his Employer when we arrived in HKG that employing a part time FDH would incurr a large fine for him, a possible prison sentence and certain deportation for the FDH should we be caught.
We were also told that Immigration pays $100 to the informer.
On hearing that we employed a part time local and must say we are pleased with the service she provides.
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dasia
18 yrs ago
sorry about that - must have clicked reply twice!!!
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dasia, on the govt. websites it is made very clear the legal implications of employing a part time helper, however the original poster was asking about legal implications of employing a full time helper but just living out do you know? I am not looking to employ a helper at the moment, but I may in the future and would like to know my options.
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Hi.
We just interviewed a helper who has just completed her contract as a DH but with Live-out terms. It is legal provided you pay for their accomodation at the dormitories. She reports for work at 9am and completes her chores by 8pm. She told us that her employer had to pay $2400 per month for her accomodation on top of her food allowance and salary.
When the government employed me, I was also informed that I could hire a live-out full time Domestic Helper. You are the sponsor of the visa as the case with a live-in. It is illegal to employ a part-time DH as it's in breach of her employment and visa contract.
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tgm
18 yrs ago
Lot of conflicting opinions here - so I'll add mine as well just to confuse things further...
It used to be legal to let your helper live out, but now it is only legal if it's a continuation of a pre-existing Contract signed before 2003 when the rules changed.
From the Immigration Dept website (FAQ's):
Q42: Can an FDH live away from his/her employer's home?
A42: No. An FDH should work and reside in the employer's residence in accordance with Clause 3 of the Standard Employment Contract (ID407). The employer is required to provide the FDH with free accommodation as per the standard specified in the "Schedule of Accommodation and Domestic Duties" of the employment contract. (Employers who have obtained the Director of Immigration's approval before 1 April 2003 to let their FDHs live out can continue to do so, so long as they continue to employ FDHs without a break of more than 6 months.)
So is it legal - no (except as above).
But do people do it - yes; but unless they fit the criteria above or the FDH has permanent ID (i.e. married to local or expat + presumably more expensive) then they're breaking the law and if caught face at least a fine and a ban from employing further FDH. However, the chance of getting caught is v low (I think TC is right about there only being one reported case of action being taken).
Btw before anyone asks our FDH lives in...
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Tqm is right.
Perhaps best to clarify with immigration directly once you have decided. I was told told at that time I still could... mind you by a representative of the government agency I work for who helped my family settle in.
We have hired a DH who is a live in though.
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Hello there, I am in a similar case: I need a part-time live-out helper. Any chance that someone elses legal FDH can be my legal helper for 8hrs a week ?
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tgm
18 yrs ago
Waffle - point taken I did say FDH. But it's clear the original post is asking whether a full time FDH can live out and in my defence I did clarify that it was also all right if the FDH (ok, DH...) had a permanant ID card.
Bamboon, waffle's right - it's illegal for you to arrange for someone's FDH to work for you part time. You need someone with resident status (i.e. not an FDH) to legally work part time.
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