Visa application - terminated maid

Hi,


Decision time, Sunday night and I am hoping some one can help me with some information relevant to my decision:


Basically, I am new and would like to hire a maid asap. Number 1 choice current employer is willing to terminate contract for earlier start. I understand that this means that the DH will have to return to home country for processing.


Can I submit application for visa in my name while she works out her 1 month notice with current employer so the process starts asap?


Also does anyone have any experience of how long the approval process is currently taking?


Would having a child with special needs (albeit mild) help the process along - I have ed psych reports.I am not working ... largely because of the special needs.


Thank you in advance for help.

You can move the process along (even to the extent of deferring the helper's home trip for up to 12 months) if you can present a good case to Immigration that you have an urgent need for the helper. Sounds to me like you do.

I've had a similar experience and submitted application for visa for my ex helper who was fired by other employer. She asked for my help and helped her so that she could work in HK again. Whatever the reason she had to return to her country(Philippine. Visa prrocess took around 2 months then.


However I suggest you find out why she will be terminated NOT from her but from her employer.


In my case I should've talked to her employer directly . For the first 3 months she was doing fine later ended up with improper use of telephone, loan problems, frequent calls from collection agency day & night, grumpy face, lies and lies etc etc.

The Immigration Department would not allow the change of employer for maids here in HK that have been terminated unless the reason for termination is that the employer died, migration of the employer to other country for good and financial difficulty of the employer. Also, you can submit your contract while the maid is here but that might end up rejected by the Immigration Department. It's better if you wait for her to exit HK first before submitting the documents. As per my experience, (I've worked as an agent before) it is much better to hire domestic helpers from overseas than to hire one that is here right now in HK. That might be because they have to pay for their placement fee (Might explain why Sukiyaki's maid's attitude changed after 3 months). I guess that's the reason why maids that are immediately available here in HK or direct hires are not guaranteed by the employment agencies unlike those from overseas, which are guaranteed for a period of two years.


The processing period is around 2 months. Your agency can help you submit a letter of request for early release of employment visa. This, though not always the case, would help you in obtaining the visa at an earlier time than expected. And that would be applicable to your case.


If you need an agent, I could refer my friend to you. She's from Manila and might be able to help you find a suitable helper.


Good Luck!

mochie99,

I'm sorry, but that's not entirely accurate. It IS possible to have your return home deferred by a year when your contract is terminated. Maybe it's an individual Immigration Officer thing (which it shouldn't be, but we all know there are some inconcistencies) but it definitely IS possible.

Thank you all for your replies. I don't know why the immigration department has to take so long to process these. In the end I decided to go with the completed contract as it was a close call and the existing employer was more than happy to keep her maid on till the end of contract if she couldn't find something sooner.


Note I always check references verbally anyone reading this site and looking for their first helper to do the same.


I found the list of helpers on this site great. I loved the fact that references could be posted up on the site which for me proved to be a great sorting tool.

Hi! TC, I've got a copy of the Guidebook for Employment of Domestic Helpers from Abroad here and it is stated in VIII. Change of Employer that "


29. Helpers are admitted only for a specific job with a named employer, and for a limited period. Application to change employers in the HKSAR within the two-year contract will not as a rule be approved. If the Helper wishes to take up employment with a new employer in the HKSAR, he/she must return to his/her place of origin and apply for the appropriate visa directly to the Director of Immigration either by post or through his/her employer."


30. "At the end of the two-year contract the Helper will be required to return to his/her place of origin for vacation and family reunion. An application for change of employment by the Helper at the end of the two-year contract may be made in the HKSAR in the same manner as contract remewal with the same employer as stated above."


27. Under normal cirucumstances, the Helper should return to his/her place of origin after the completion of contract and apply for a visa to return to hte HKSAR to start the new contract. If circumstances do not permit the Helper to return to his/her place of origin for vacation immediately upon expiry of the old contract, subject to the employer's and Helper's mutual agrreement, the Helper may apply for an extension of stay for him/her to defer the vacation leave. On applicaion, an extension of stay of normally not exceeding one year may be granted by the Director of Immigration upon payment of an extension fee. Further extension of stay within the contract period will not be allowed.



Therefore, in Sandpiper's case, since the maid she wanted to hire will be terminated earlier (note: not finished contract) by her current employer, she will not be allowed to change her employer here in HK.