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Helper's visa problem, need help !!!

  1. #1
    lingpeanut is offline Registered User
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    Jul 2004
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    hong kong
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    Helper's visa problem, need help !!!

    After interviewing two ladies today, it seems that I have found the one. But I got some new ???s ( I am doing all these without an agent)

    The helper's current contract is ending in a few days, she said if we like her, she needs to submit the new contract paper work to immagration dept before the old contract end, and the gov will give an extention of staying so she can wait for new visa here instead of going back to PHIL. I am a first time employer, so I am not sure if this is the regular legal way to do it. No one wants to get into trouble.

    She also told me that she can start trail in July without her new visa, (it sounds illegal to work without a new visa) and I can pay her privatly. if I don't like her after trying 1-2 weeks , before the new visa application go through, I can send her away and cancel the visa application. Is this practical?

    And in this case, when should I buy her medi insurance and send her to get medi exam? Suppose our new contract starts on Aug 1st.

    I am so confusing right now and I am just following what the helper says.
    I Need your help.

  2. #2
    Niterz is offline Registered User
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    Hong Kong
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    Hi Ling,

    I also found my helper just as she was finishing up a previous contract. We submitted paperwork prior to her contract finishing and the immigration department DID allow her to stay in HK while her paperwork was pending, but I really think that this depends on the discretion of the officer handling the case. I know other people in the same situation whose new helpers had to go back to the Phil. before starting their new positions.

    Anyway, it took about a month for us to get a legitimate work visa for her and though it IS illegal, we did have her move in and start work during that time. We didn't purchase the medical insurance until the contract officially started. Hope this helps. Your situation is not so unusual!!

    Good luck!

  3. #3
    lingpeanut is offline Registered User
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    Jul 2004
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    thanks Niterz, your reply helps me alot

    So I will let her submit the paper work first and then we will see what will happen.
    If the immagration dept sent her back to PHIL, do I have to pay for a round trip ticket or just the coming ticket ?
    Last edited by lingpeanut; 06-26-2005 at 11:13 PM.

  4. #4
    SCNG is offline Registered User
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    Jun 2005
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    HK
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    I have the same situation with u few months ago but I go through agent. The maid can get the extension if they can submit the new contract before their visa expired. You can also have a trial for 1 or 2 weeks, if not ok, then cancel the application in immigration. Of course, this is illegal, try not to do the dangerous work such as cleaning the window.

    If they don't back to Philipines, they are also required to leave within 1 year, the working visa will mentioned the exact date. I heard from the agent, if they don't go back to Philipines, they can visit China or Macua for overnight, but somestimes it will not approve by immigration.

    Good luck

  5. #5
    Niterz is offline Registered User
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    Jun 2005
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    Hi Ling,

    According to immigration, regardless of whether your helper is allowed to stay in HK during processing of her new paperwork, her old employer is obligated by LAW to purchase her a one-way RETURN ticket to the Phil. (My helper's old employer just gave her the cash for a one-way ticket which was then never spent since my helper did not have to go back.)

    Since you are the new employer, if your helper has to go home, it is your responsibility to purchase her a one-way ticket back to Hong Kong. Tickets are pretty cheap to/fro the Phil. though.

    Your prospective helper sounds like she knows the ins and outs. I was a first time employer too when I encountered the same situation you have now and was also guided by my helper (& immigration) at the time. Everything will work out!

    Good luck!

  6. #6
    lingpeanut is offline Registered User
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    Thanks again

    Hope everything goes well.

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