Posted by
petals
15 yrs ago
The helper we have signed finishes with her family this week. Her papers are still at immigration and won't be ready for a least a few more weeks. She asked if she could move in soon as her contract ends (this weekend)? Is this allowed? If not where are they supposed to stay and who pays for this?
She doesn't need to go back to the Philippines as its a finished contract.
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We had a similar situation to yours, I asked Imm if she could stay while papers were processed they said NO she cannot stay at our house till the contract was complete, she had to stay in a boarding house, but we employed ours after only 1yr with her previous employer, who was re-locating. The new employer should not have to pay for this, as her previous contract ends she should have her pay, fare home, etc from her last employer and if she decides not to go home as she should in between contracts then she should pay for the boarding house. The new employer has to pay for the air ticket from her home into hk at the beginning of the contract.
I think IMM would clarify this for you if you either rang them or emailed, I think they would say she has to go back to Phil. AS the papers take up to 8wks to process it might be cheaper for her to go home anyway.
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She may technically move in as a houseguest, but only for two weeks max. She may only stay two weeks after her previous contract ended. She may not work during this time. After two weeks she needs to leave unless her previous contract has been processed.
"She doesn't need to go back to the Philippines as its a finished contract."
True, but she still can only stay 14 days after her contract ends if she has no new contract approved by then.
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We did ask about the money but she told us she has somewhere to stay where there is no charge.....
Ideally we would like her to join us this weekend but don't want either of us to get in trouble for doing something illegal and getting caught over it.....
If the papers are being processd is that not enough for immigration to allow her to stay with us?
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Technically she's still not your employee so she can't stay with you to work. The problem is how to prove to immigration that she's not working "yet" if you do give her "shelter" while waiting for approval, and get caught. However, many helpers/employers break this "rule". You don't have to be like them though.
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