Immigration querie



ORIGINAL POST
Posted by tommytommy 13 yrs ago
We are in the process of hiring a helper. The lovely lady we have found is being released from her previous situation early because her employers are being relocated to a new country (husbands work).


Anyway, when we filled out the paperwork for immigration we ticked the box to request that our New Helper be aloud to defer her home visit (as she would prefer to stay and I would love her to start ASAP). We attached a supporting letter for immigration.


After a long day at immigration she was informed that the request was denied and she will have to return to her home country for visa processing.


The rules clearly state that a helper whose employers are relocated out of Hong Kong can request her home leave be deferred.


I was wondering if anyone out there has any experience with this and any advice as how to best broach this with immigration. We would like them to reverse their decision and allow this lady to stay, finish her time with her current employers and start with me at the end of the month.


Thanks

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COMMENTS
demerzel 13 yrs ago
Auch, we're in the same situation, haven't yet applied but we are defering the holiday. What did you write in the supporting letter?

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tommytommy 13 yrs ago
My husband is a pilot and is away from home a lot. I have a 3.5 year old daughter. That all I said really. I worded it nicely. Asked permission etc. But they said no. Reallly not sure why as our new helper has only been with her current family a few short months and it's not her fault that her contract is ending.

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Philly Cheese 13 yrs ago
Probably done so as to give the Philippines govt more revenue.


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lagrue 13 yrs ago
Not sure why they have rejected your request, I had a similar situation 18 months back and had no problems. Do you know the previous employers personally? A girlfriend of mine had a situation where she was duped by a helper who she hired believing it was a financial termination but it actuality the helper was fired for incompetence, so she HAD to go home or to Macau (which is what this helper kept asking my friend to do, support her to go to Macau) to process her visa. Just check this and be sure it is indeed a financial termination.

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Philly Cheese 13 yrs ago
Probably done so as to give the Philippines govt more revenue.


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tommytommy 13 yrs ago
This helper is from Sri Lanka. I have checked her references and she is telling the truth. I'm going to go to immigration tomorrow to talk to them with her. Hopefully they will reverse their decision or at least shed some light upon their reasoning.

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Susie1 13 yrs ago
I once had a helper in that situation, Imm required her to get a letter from her former employers stating they had re-located, but as they had already gone to Singapore, we had to chase them up, once Imm. got the letter they allowed the helper to stay in Hk, but the process still nearly took 6 weeks, and in that time she was not allowed to work for us or stay in our house.

When she finally came to work for us we found out why her former employers did not go to any lengths to help her find work,and went to Singapore without telling Imm they were re-locating, they just informed Imm of dismissal, she was terrible!! and caused us a lot of heart ache and head ache.


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tommytommy 13 yrs ago
Thanks Sisie1 and Beancurd. Ill get her on to that straight away!

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Susie1 13 yrs ago
Hi Tommytommy,You need the 'helper to be" to ask Imm. if they will accept a preliminary Fax from the last employer of the letter which has to be sent by post form where the re-located to, when the letter arrives take it straight to IMM office in Wan Chai.

Maybe when your helper contacts the last employers, which I will presume is by phone, you could be present to help explain what is needed, in case there is any language difficulties.

Just a little advice, before you sign the final contract papers, have a medical done on your helper, just to rule out any disease of which she might not be aware, also write on the green IMm forms that final signing is subject to medical.

A comprehensive medical will rule out chest disorders including TB, and blood disorders, and they do a pregnancy test as well, hopefully all will be well, for your sake and hers, and as employers are responsible for the medical care of helpers you will be able to take out a medical insurance with confidence.

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tommytommy 13 yrs ago
Thanks for that. That is great advice and I will be sure to follow it.


I had a chat with immigration today. They said that because my helper had not finished her contract she had to leave Hong Kong. They will only consider letting a helper stay if she has not finished her contract in extreme circumstances. These include employers death or employers financial difficulties. They deemed my helpers employers reason for leaving not a strong enough reason to allow her to stay. Oh well. Not much more I can do other than follow the normal process and attach a letter with the paperwork requesting a speedy application process.


Thanks everyone for all your advice.

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kenwin 13 yrs ago
Immigration already have the ability to check the status of the previous employer, so I'm not sure why they would need a separate statement from them stating that they had left HK for good. They would have required tax clearance and their work permit would have been noted by Immigration as cancelled.

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