need to stop proceedings



ORIGINAL POST
Posted by jmh 18 yrs ago
can anyone give me any advice on what to do when we need to stop a dh contract while it is being processed. due to unforseen circumstances we are no longer in a position to employ this helper. I feel so terrible however I have managed to find her another employer.The trouble is I dont know if she is now required to go home or can she start proceedings with a new employer who wants her to start right away.I am so confused as to what are our obligations.Has anyone been in this situation.

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COMMENTS
Katetam 18 yrs ago
are you using an agent? If so, you would just have to tell the agent.


However if you are on your own, after you have informed the helper, and immigration, then to the best of my knowledge, you cannot just TRANSFER her to another employer. It's a new process all over again. (whatever her situation is) If she needs to go back home b/c she hasn't in 2 years, and the papers cannot be done before the visa is up, then yes, she probably has to go home. If her visa is not up, and have time to still get the new employer to sign the contract, then she can probably stay in HK while the papers process, stil takes a few weeks though.


The point is, it's a whole new process. Just the same in reverse, if the helper suddenly cannot work for you while the papers were being processed, she cannot just SUBSTITUTE herself with another helper that agrees to work for you right? It's a new application when the party involved changes.

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jmh 18 yrs ago
Thanks Katetam, we were doing it ourselves and yes I understand that it is a whole new proceedings what I dont understand is after immigration has been notified are we responsible for anything else eg ticket home etc.

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mochie99 18 yrs ago
I don't think you are resposible for her ticket home if she has not yet started to work for you and I believe you said that the employment contract is still in process. Her previous employer has already given her her return ticket.

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Katetam 18 yrs ago
that's right. You're not responsible for anything except for the costs of the processing papers, visas...etc anything else you already paid for. As of this moment, you shouldn't have to pay for anything. It happens, just the luck of things right?

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jmh 18 yrs ago
Thanks guys I now feel I have done everything I can. Guess I just wanted conformation.

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TC 18 yrs ago
You can't do better than to contact Immigration direct. I have always found them to be very helpful.

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