Hiring new helper, starting date questions

I am hiring a new helper and have seen a couple of candidates fow whom I have the following questions:


- scenario 1: the helper is finishing her 2 year contract on Sept 9. Helper and current employer agree they do not want to continue. So this is a "finish contract". I need the helper ASAP. In such situation, is the helper allowed to leave the employer starting one month before the end of the contract, scheduled on Sept 9? Or MUST she complete her wok until Sept 9 (assuming her current employer won't let her go sooner)?


- scenario 2: another helper tells me she leave HK during her visa processing time although she is in a situation where the employers re relocating. Isn't this tantamount to a finish contract and thus isnt she allowed to stay in HK to process her papers?


Many thanks

1. I contacted immigration and received a reply that even if the paperwork for the new contract is submitted well in advance before the helper's current contract is completed, the new visa, if approved, is issued for the day following the original end of her current contract. So even if the current employer releases the helper in advance (maximum is 30 days I believe to be considered a finished contract), it does not affect the date of her new visa.


2. Only finished contract and terminated contract that qualifies for HK Immigration form ID522 (employer's death, employer's relocation to overseas, employer's financial problem, "employer" being strictly only the person who signed the contract) helpers are able to process their paperwork without returning home. Ensure that the paperwork is in order, as I've seen my fair share of candidates who claim one of these reasons for termination, but unless the reason has been submitted by the current employer to the immigration, they are not able to process their paperwork in Hong Kong.

You need to see the letter stating that the helper's ex employer is leaving for overseas, correlate it with her passport (same name as the sponsor of her visa). Then tell the helper YOU will file the employment papers personally as then they will know they will be in trouble for forging the letter. Its when the employer gets lazy and allows the helper to file that the trouble arises (I'm not talking about all cases only as it pertains to scenario 2).

Some helpers prefer to tell newbie employers that they have been released for financial/relocation reasons when their contracts have simply been terminated for whatever reason. After you sponsor them for the visa then they start scrambling as they need to exit HK or else they become an overstayer and they will not be allowed back here once the law catches up with them.

Have a healthy sense of suspicion as you are inviting this person into your home.