new DH helper rules for philipines

HI


I want to employ a filipina DH and she has terminated contract with her current employer, her notice periode will expire on the 21st FEB.

I have been given conflicting information from different agencies.

AURA says that although she is terminated she does not need to go back to the phillipines but can just go to china at the end of her 14 day stay post end of contract date and come back to hongkong with her new employment sticker.

in this way she can do without the test and training certification needed in the Philipines.

On the other hand EMry's says the she has to go back to the philipines and do the training and then wait for her certificate and visa sticker there.

I know when i came to hongkong, My company needed me to start immeditely so i entered on a tourist visa while my papers were processed, my visa was approved in a week then i just went to china and came back with the employment sticker.

so don't understand why it has to be different for her as she is does not particularly want to go back to the philipines and do the course right now, she would rather work.


please help some one am i being ripped off by the agents.

I need to submit the contract tomorrow.


cheers

I asked Evelyn as AsiaXPat, and she told me for terminated they must go back to the Phils and that it would take 6-8 weeks (or more!) with the new regulations.

Crj is correct - a terminated helper has to return to the Philippines to have her HK visa processed. The Guidebook for Employment of Domestic Helpers from Abroad published by the Immigration Department clearly states this. However it is my understanding that if the contract was terminated because the employer was leaving HK permanently, died, or had financial difficulties, the departure can be delayed/postponed and the helper can stay here to have the visa processed. You would need to check this with the Immigration Dept.

can the visa be processed while she is still completing her notice periode with her current employer.

and as she has to leave the country she could go to china and come back with her DH employment visa.

Again, this is only my understanding and if I were you, I would call the Immigration Hotline, but my answers to your questions would be No, and No. The first is not possible because the helper has to have left the country before the visa application has been submitted. I am quite sure they would check that this is the case. The second is not possible because the rules state that she/he must return to the country of origin to have the visa processed (which is clearly not China).

as per my understanding the helper is entitled to 14 days after the last date of contract to find a potential employer and if this is the case the application can be filed while she is till in hongkong should she succeed in finding one but visa will only be issued after she has left.

I have just used Emry's, and found them to be fine. I am disgruntled - I am in the middle of the new law change, and feel as though they did not communicate enough, but, they have been honest and reasonably prompt with their dealings, and I do feel I have had value for money.



I would definately call immigration to check re: the nature of the termination as stated above.


However, to make you aware of the timeline to employ a direct hire helper:

1. Paperwork can only be submitted after they return to the philipines

2. You fill out the paperwork and the agency submits it to the Filipine Consulate, this takes three days to stamp and return.

3. The paperwork goes to HK Immigration, this takes a guaranteed 4-6 weeks. It is normally 4 weeks. Mine was 4 weeks to the day. I did go into immigration at about 3.5 weeks. I put in a request to see how it was processing. We were called the next day to say it had been approved.

4. Went to agency that day, paid levy and provided any extra paperwork required (orginal proof of address as I remember)

5. Agency picked up visa and sent it to sister agency in Manila.

6. When the visa arrives, it takes 4 days for the Filipine Government to issue a OEC (basically the right to leave the Philipines)


The upshot - at the best of times, when they have to go to the Philipines, it takes a minimum of 8 weeks.


Now, I understand there can be exceptions when it is an emergency, and the time can be shortened. But - I was told by all 4-6 weeks, but that did not seem to include Philipine processing time.


To finish the saga - because the helper application was going on during the law change, we got held up even more. Thankfully, all is finished now, and a plane is booked. But - it has taken an extra two weeks.


Now that the law is in place, she should be able to meet the requirements while the processing is going on. Our hold up was simply that the law change was earlier than expected, and there was no infrastructure in place.


My understanding of the new law is this:

1. Applicant must be over 25, unless the applicant has worked legally abroad before.

2. Must complete a TESDA course - This can be 4-6 weeks. It can be made considerably shorter by: either the applicant has worked abroad before, has completed a relevent course. As I understand it, they still must complete the TESDA exam and get the certificate. eg. my helper had completed a very comprehensive course in care giving as part of his resume. Because of this, even though he had not worked abroad before, he only had to do one day with TESDA and sit an exam (which he passed)

3. Must do an OWWA three day course - as far as I can ascertain this is three days in Chinese Language and Culture. There seems to be no formal exam and he admitted it was very relaxed compared to the TESDA.

4.Without these two pieces of paper, the applicant cannot apply for an OEC. Without an OEC the applicant cannot leave the Philipines. An OEC takes 3-5 days and cannot be started until the above certificates are in place.

5. This I am not sure about - there used to be a thing called a P-DOS, this was a leaving seminar, one full day, hosted by the POEA. A OEC could not be issued without a P-DOS. I am not sure if this has been superceded. My helper completed the P-DOS before we realised he had to be processed under the new law.



Good Luck