Procedure for obtaining new visa for FDH



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ORIGINAL POST

Posted by poseidon75 4 yrs ago
Hello,
we are new to HK and currently in the search for a suitable FDH to join our family.
With current pool of candidates, many have not completed their work contract and are terminated for various reasons.

My question: An applicant with a terminated contract & cancelled visa (with 14 days grace period) must leave the country?

If the applicant finds within the grace period a new sponsor / employer, can a new working permit / visa be provided without the applicant leaving the country?

If they have to leave the country, do they need to go home (e.g. Philippines) or is it enough that they exit HK by going to Macao and return?

Some applicants told me they have to go back home and wait for 2 months until they can return and some told me they can stay in HK and get a new visa by the new employer.

I am a bit confused now and would appreciate if anybody can shed some light into this matter.




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COMMENTS

hkmama99 4 yrs ago
HI Poseidon75,

Terminated contract maids need to leave Hong Kong even if they're able to find a new employer within the grace period. They need to go back to their home country and would need an agency to facilitate the processing of their visa. They cannot just go to
Macau and wait for their Visa nor would they be allowed to submit the contract without going through an agency.

Only those that are terminated due to employer's death, financial difficulty or leaving Hong Kong for good will be allowed to process their application here in Hong Kong.

Hope that helps!

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poseidon75 4 yrs ago
Dear HKMAM99,

this was very helpful information.

Thank you for the specific details.

I believe if the termination was mutual by both parties with no animosities, that the employer could write in the termination / release letter that he / she is financially troubled?

Would that be enough for the immigration or would there have to be proof of evidence to be produced (e.g. bank statement...)?

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hkmama99 4 yrs ago
Dear Poseidon75,

I don't think that will be possible as that would mean that the previous employer will not be able to hire another helper. The employer will need to inform the immigration of the termination as soon as possible and will usually state the reason for termination. That's why the maid will only have 14 days days to stay in Hong Kong after leaving the employer's residence. Also, this will release the employer from being responsible for the domestic helper's safety.

So, it'll be better for you to hire one that has completed their contract. You can delay their trip back to the origin country but has to be within the first year of the contract with you. The maid can also do the document processing without an agency's help but do note that you might have to hand her all the documents needed for processing including your financial proof, HKIC copy and an original proof of address. This will be a deterrent to employers though as who knows where else will these documents be used for. That's why majority of employers I see will use an agency for processing.

Should you need help with processing, do let me know.

Good Luck!

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