Posted by
Sapphire
14 yrs ago
We are considering employing our friends DH due to them re-locating overseas. She has worked for them for a number of years and her current contract will be terminated, prior to the end of the current 2 years, due to them leaving. In these circumstances, will the DH have to leave HK if she has a new employment offer, or will she be able to remain and begin work with a new employer once the documentation has been processed? Either way, how long should we expect the process to take before she can commence employment with us?
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If I recall correctly there is an exception to the "leave HK if terminated" rule if the employers leave the country. I would call Immigration to be sure.
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There is definately an exeption if the employers leave HK to re-locate before the FDH's contract has finished, the helper we used to have her empoyers left to re-locate Singapore after 1 yr. Our ex helper was allowed to process and stay in Hk, but she was not allowed by IMM to live in our premises or work for us until all the papers were complete, and this can take 6-8 weeks. Our helper stayed in a boarding house during this time, at her own expense as she chose not to go home with the ticket provided by her ex employers, but then she wanted her deferred leave at the Christmas at our expense.
Normally the helpers who have been here for a while can collect the various papers from Imm for you to fill in and then take them back, and she can do this as soon as she has finished working for your friend, after that it is just waiting, so she may as well go home until the contract has been processed.
On her return to Hk, you pay the incoming travel door to door from her home, and any expenses at IM or for her work Visa, get receipts from her, keep all receipts for any expenses you pay out.
On her return from her home country you may like to send her for a Medical to make sure she is not ill or pregnant before you sign the final papers-- you can write your own clause in the contract-- Subject to successful medical.
Then take out helper insurance to cover any medical expenses during her 2 yrs with you.
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Thanks everyone for the advice so far! One more question ... is it possible to begin the process for new employment whilst still working for the existing employer, due to the employer giving notice as they are leaving? In other words, filling out all the forms etc, and submitting to immigration whilst she is still working for my friend, in order that she is not without work at all? The situation is that my friend is happy for her helper to come and work for us as soon as the documents have been processed in order that her DH is not without work (in between employers). My friend is happy to release her helper to us once the documents have been processed. Or does the DH have to wait until she has finished working for my friend, which would seem a bit unfair to the DH as it is through no fault of her own, and would be good if she could come straight to us.
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