Hello at ALL,
I'd like to have your advice please.
It does not concern myself but my female cousin who works in HK as a domestic helper.
Here the facts to understand her situation:
- She is 31 years old, Filipina
- Entered HK in February 2012 through employment agency
- Lost her employer in November 2012
- Has no employer since then
- She is living in a Church refuge now
- She is looking for a new employer
She has contacted me, asking for 12000 Hkd. (twelvethousand)
She says she needs that money to process a new visa for HK.
So my questions:
- In HK, do you loose your visa automatically if you have no employment?
- What is your best advice if you were in her situation?
I don't know her very well and I'm a bit worried to send her so much money. Maybe she also received wrong advice from somebody.
Thank you for your advices.........
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she has 14 days from the time of her last day as an employee to find another job and leave the country.
She can't claim refugee status as there is no concern she will be prosecuted, arrested or charged with anything upon return to Philippines.
Don't pay her a cent at all. If you really want to hire her, you will need an agency to process her papers. Don't be fooled if she says she will do it and you just have to pay her. Get in touch with an agency that doesn't charge helpers any fee if you are already happy with a prospective helper.
Pay the agency some deposit if necessary like 20-30% and insist on balance when visa is issued and helper is started working with you.
Don't negotiate on any of the points I stated above.
This is my experience and if your agency doesn't agree I will give you some agency contacts.
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Usually helpers who lost their employers "normally" [meaning (1) the contract was terminated by either party, (2) the employer died, (3) etc.] will have 14 days of visa extension to stay in HK. During this time, she can look for another employer, process the documents, go back home and wait for the visa (some go to Macau or China to wait for the visa if they don't want to go back home). But during this time,they don't need 12,000 or a lot of money. They only need a place to stay, some cash for food and transportation expenses.
If your cousin, is in a refuge, it 'might' mean that she has an ongoing case (labor case, criminal case, etc) that allows her to apply for an extension of visa (the immigration dept extends visas for those with outstanding cases where they have to attend court hearings). Then she needs some money for food, transport, and other incidentals (again, not the 12,000 she's asking for).
My point is, she seems to be not quite honest with you. Aside from that, I can't make any other conclusion or recommendations.
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Rakedavis, Punter, Amestris,
First of all, thanks for all of your quick and helpful replies.
I live in Germany and that's why I don't have a clue about HK visa regulations. It's good to have such internet platforms like asiaXPAT.
Last questions:
What if the 14 days has passed and she is still in HK (illegally)?
After that point of time, will she be "blacklisted" and deported anyway, so no chance & no need to re-apply for a visa in that case?
Openly speaking, I think above user Punter has interpeted the situation right.
My cousin did tell me something about a labor case she's in at the moment.
(Her last employer fired her and set her onto the street in the middle of the night due to a fight between her and another Filipina who was also employed in the same house)
Now it makes sense to me and I understand why she is in a church refuge.
But I have to ask more details from her. Communication is often difficult because I do not speak Tagalog.
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well if she has a case with the labor department then she can stay and fight the case but she still must go to the immigration dept to show the labour dept papers and they will grant her the extension without any issues.
if she hasn't got an existing case filed with the labour department and is over-staying her visa, she will be in trouble...
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If she's in HK without a proper visa, she's going to be deported and barred from entering HK again for some period of time. There's no way you can buy your way out of that. Other worse cases (e.g. overstayed the visa for years) have been meted jail time before deportation and forever barred from entering HK again. In any case, she doesn't need a big amount of money for this.
However, as mentioned, whenever there is an ongoing case, the immigration department will grant extension of visa. The length of extension is entirely the department's prerogative. You may check your consulate's hk website and try to contact them regarding your cousin's case.
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Maybe your cousin apply for refuge thats why she is there is no legal case that she needs to attend ... like all the person who has no visa they can apply for refugee and once they submit the application immigration officer study the case what happen to her what kind of excuse she intend so the immigration will give 3 months 3 months visa you can asked her if she holding a certificate that issue of immigration . if she has that kind of paper she will remain in hong kong until she wants I have alot of friends who apply for this scheme immigration provide cheque for housing and food but you cannot able to work some they work quitely to earn a bit so that they can send money home but the thing is once the catch you working you be in prison for 2 yrs to 3 yrs that is the rules , then they deported back ... Basically Immigration asked if you want to go back home they will buy ticket for you ..... maybe your cousin dint tell everything this is the scheme now in Hong Kong either world refuge or hong kong refuge eboth you can apply and you can stay there as long as you want with money
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@all
Thanks for all your good advices and recommendations.
My cousin is now in Macau waiting for her HK visa to be approved.
Hopefully, everything will work out for her.
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The churge refugee that she's talking about is the one in our church or we also call it the shelter.
DH who breaks contract or got fired stays there and pays only 20 dollars a day and the church provide everything for them like food and assistance. We also have this refugee or shelter in macau. The refugee center is a place supported by our church for helpers who got terminated or break contract.
If your a break contract or terminated, agencies who finds new employer for you charges you HKD 8000- 12000
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