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Is waiting for a DH a bit of a risk? Help!

  1. #1
    snagito is offline Registered User
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    Is waiting for a DH a bit of a risk? Help!

    Hello all,

    New to the whole process and need some advice please.

    We have found a helper that we would like to hire, the only problem is that her contract does not expire until August 24th this year. The current employer is willing to let the helper leave earlier and start with us around the third week of May or thereabouts (we are planning to go off for a 2 week holiday next week so that suits us fine as well) but says that for various reasons they cannot transfer the contract until July 24th (a month before the end of the helpers' contract).

    Our worry is that what if the helper starts with us end of May, then finds someone else that she would prefer to work with in mid-July and then when it comes time to transfer the papers just informs us that actually she's not going to sign...I know that we could equally change our minds in the interim time period, but since we have a baby we really don't want any changes, for us it is ideal if we can just keep it simple and hire someone who is definitely going to continue with the family.

    I know it is obviously not kosher to employ a helper before the contract is actually transferred either but if all are agreeable and she is good, then I presume the only risk is that she may change her mind at the last minute and we don't have a legal leg to stand on..

    Has anyone had experience of this or willing to give any advice..

    Thanks for the input..

  2. #2
    kashismum is offline Registered User
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    Quote Originally Posted by snagito View Post
    her contract does not expire until August 24th this year. The current employer is willing to let the helper leave earlier and start with us around the third week of May or thereabouts (we are planning to go off for a 2 week holiday next week so that suits us fine as well) but says that for various reasons they cannot transfer the contract until July 24th (a month before the end of the helpers' contract).
    First of all, as an employer, it is your responsibility to be familiar with all the requirements/restrictions of signing a FDH contract. The immigration dept and labour dept have a wealth of information that you should be look at. Unfortunately, a lot of employers and helpers break the rules and you can be led to do the same if you are ignorant of the rules.

    For example, this DH is bound by her contract to work for her current employer until 24 August. Therefore, she cannot start with you in May. Unless she is terminated and then that's a whole other can of worms...

    Ordinarily, she'll work till 24 Aug, return to her home country for her leave and return to start work with you (with all the paperwork duly processed beforehand).

    To ally your fears of losing her, why not sign the contract with her now? You won't be able to submit it yet, but it is a contract. It is not exactly a transfer of contract either; it is an application for a Change of Employer. The helper's current employers will have no involvement in the process; it's for you and your helper to manage, unless you have an agent help.

    I suggest you read (& learn!) the Guidebook for the Employment of Domestic Helpers from Abroad
    http://www.immd.gov.hk/ehtml/hkvisas_5.5.htm

    Good luck!

  3. #3
    snagito is offline Registered User
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    Thanks so much for the link. Have now had a read through. It all seems very complicated but I'm sure once you've done it a couple of times it gets easier.. Anyway as a first-time novice, I have a few more really silly questions for those of you with patience out there!

    1. I have interviewed a few helpers who tell me that they have a 'finish contract' with 'good release'. They then go on to say that this means that they can stay in HK and process here and do not have to return to the Philippines to process a new visa. Is this then an application for Change of Employer? In the guidebook it seems to say that the helper would have to return for a reunion with family and then come in again on a new visa, even if they do the Change of Employer.

    2. If her contract ends August 24th, then can her paperwork actually be transferred before that ie: July 24th or is this a pipe dream? Would it actually 4 - 6 weeks afterwards -- ie: earliest September 24th as the guidebook seems to apply? [If so, then I feel it is probably a good idea for us to move on and not wait that long]

    3. Are there agencies that deal with helpers who are already in HK and processing their applications? Or do agencies only work on behalf of those still outside HK?

    Thank you all for your patience..

  4. #4
    mailmail is offline Registered User
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    Hi there,

    Why not call the immigration department hotline or email them all your questions. That way, you get all the official answers, and is much quicker. If you have time, you can even go up to the Wanchai immigration tower, they have a whole floor dedicated to asnwering questions and getting the necessary forms. I believe that most agents can help you with the visa processing for a fee, but I think you should get all your queries answered first by the immigration department.

  5. #5
    kellyst is offline Registered User
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    any agency should process this for you. and should be at a lesser fee than they recruit from overseas. let me know if you need agency reference, will PM you mine.

    we go by agency.. even with renewals, just to be safe.. and lazy i guess.

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