immediate start/ immig req'd trip home

Can someone clarify for me- I've read through the Labour Dept's DH booklet, etc. but have a situation that is not covered...


We just hired a DH who recently finished another contract and we wanted her to start right away. Immigration agreed to the immediate start, but stipulated that she must go home within the next 12 months to "activate" her visa. Therefore, we have bought her plane tix to go home for 2 weeks in July as we need her in HK the remainder of 2007.


However: 1) Wasn't her previous employer supposed to provide her with a ticket home at the end of her contract or provide her with money in lieu of it? And if so, shouldn't that ticket/ money be used towards this "immigration required" trip home? 2) After her leave in July, are we allowed to wait 2 years (which will be slightly beyond her contract end date in 2009) before giving her another set of plane tix (or does she legally have to have annual leave at the end of her contract?) Hope these questions make sense. Thanks for your help!

Our helper came to us immediately from another family who were leaving for good and so was also allowed to start with us immediately.


1. The previous employer should have provided a ticket or money in lieu of ticket.


2. The going home trip within the first year is simply a "delayed" trip back from the previous contract if you like and she will still need to exit at the end of her two year contract with you.


You can however count this trip as her holiday time as you are currently paying her and she should have either taken holiday or been paid out for it on her previous contract.


3. You will still need to pay for the ticket back into the country this time and the ticket home at the end of the contract or whenever you release her.


Hope this helps. Immigration is basically rewarding the good ending of a contract (family no longer having a helper, employer leaving for good or employer no longer able to finance helper employment) by allowing the helper to start with an employer immediately. It has benefits to the helper who may like to take here holiday when it is good for other family members and employers who want someone to start straight away and take holiday / visa exit when convenient.

Our helper came to us immediately from another family who were leaving for good and so was also allowed to start with us immediately.


1. The previous employer should have provided a ticket or money in lieu of ticket.


2. The going home trip within the first year is simply a "delayed" trip back from the previous contract if you like and she will still need to exit at the end of her two year contract with you.


You can however count this trip as her holiday time as you are currently paying her and she should have either taken holiday or been paid out for it on her previous contract.


3. You will still need to pay for the ticket back into the country this time and the ticket home at the end of the contract or whenever you release her.


Hope this helps. Immigration is basically rewarding the good ending of a contract (family no longer having a helper, employer leaving for good or employer no longer able to finance helper employment) by allowing the helper to start with an employer immediately. It has benefits to the helper who may like to take here holiday when it is good for other family members and employers who want someone to start straight away and take holiday / visa exit when convenient.

She may have used the plane ticket the last time she went home.


To validate the visa- means for the next year. Unlike before, working visa is not stamped for 12 months instead of 24 months. Then the helper needs to go out of HK ( some go back to their country of origin, other made their exit to Macau or China if time is an issue). Upon their return, the Immigration will stamp " journey completed" and will write the visa's validity in it.


The one two way ticket per contract is no longer valid as helpers are now requiered to exit HK on or before a year's employment. It is now mandatory though yes, it is not specific who has to pay although an employer is liable to a fine of HK 150k ( or 125k as I mentioned before, I've forgotten, soorry ) if her/his helper do not exit HK within the duration of the contract.

Hi Kilwilling,

According to what you said she finished her contract and the Immg. agreed for her to start immediately so this tells me that she didn't return to her country as someone mentioned that she might have used the ticket from previous employer.

By law you only need to pay for 2 tickets for one contract with a DH,(unless changed later with out my knowlege) which means that you are only responsible for her entry ticket now and departure ticket when her contract with you ended.


You are obsolutely right, her previous employer (by law) should have provided her with a one way ticket back home, so you might want to ask her about that.


Please note that some DH at the end of their contracts do take cash from thier employers instead of the tickets because they want to ask new employers to purchase their returned tickets to HK. I think that's ok if you are willing to do so, but if now just let her know.


I just employed few months back with a similar case. She worked with us for the first few months and then went back to her country last Dec because of the same Immg. law and she used the money that her pervious employer gave her to buy a return ticket and I bought the HK entry one. If you are not sure, call the Immig. dept. they will clerify for you.


Hope this helps!

thanks for your responses. Will ask my DH about what her previous employer gave her- probably cash. I guess I'll need to have more of a think about the $. I don't mean to be stingy- I just want things to be fair for both sides.