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Special Circumstances for Living Out?

  1. #1
    us2uk2hk is offline Registered User
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    Special Circumstances for Living Out?

    Hello! I've read through many of your previous posts regarding live-out helpers, but would like some advice. I recently moved here and am thinking of hiring a helper who is on a FDH visa. She would like to live-out with her husband (who is a driver and has also been here for a while) and son (who recently moved here).

    She is telling me that it is legal for her to live-out and I can state this on the application - that many of her friends live out legally. Now everything I've read tells me that this is only possible under special circumstances (like your home does not have a helpers room and there is no private place in the house for her to sleep). Can anyone out there share their experiences? Do you know of any special circumstances where a FDH can live out legally?

    Does the fact that her family (husband and child) live here count as one of them? I'm a bit hesitant to apply for live out if there is no chance that immigration/labour dept would allow it. (And I can't state that we don't have the space as our home does have plenty of space in the helpers room.)

    I really like her, but would like to figure out a way to do this legally. Thanks for the advice!
    Last edited by us2uk2hk; 05-11-2011 at 03:55 PM.

  2. #2
    elle is offline Registered User
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    No she cannot (unless the rules have very recently changed). Certain FDHs, which have been employed by the same employer since some time long ago and have been living out since then can, all others cannot.

    From the Immigration guide to employment of FDHs:

    http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf

    Q1.7 Can I live away from my employer’s home?
    A No. You should work and reside in your employer’s residence in accordance
    with Clause 3 of the standard employment contract. Your employer is required
    to provide you with free accommodation as per the standard specified in the
    “Schedule of Accommodation and Domestic Duties” of the employment contract.
    (For those live-out arrangements which have been approved by the Director of
    Immigration before 1 April 2003, the helper is allowed to reside in places other
    than the employer’s residence provided that the employer continues to employ
    foreign domestic helper without a break of more than 6 months.)

  3. #3
    carang's Avatar
    carang is offline Registered User
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    she is not telling you anything remotely near the truth. i would seriously reconsider hiring her if she is lying to you before she has even signed the contract!

  4. #4
    carang's Avatar
    carang is offline Registered User
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    not only that, but if found out YOU could be in serious trouble (fine and jail time) and possibly blacklisted from hiring another helper in the future (by the hk gov't) and she could face jail, deportation and a fine.

  5. #5
    us2uk2hk is offline Registered User
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    Thanks - that was my understanding from many of the other posts on this forum, but I wasn't sure if there were any other special circumstances that might allow this. She comes highly recommended from a friend and has worked for two of her friends who have since left HK. She seems lovely and was previously living in with these two former employers, but at the time her son was still in the Philippines. She's been here for over 10 years, but it could be that she just doesn't know all the labour laws. And also she probably just really, really wants to be with her family - which is understandable.

  6. #6
    thundacatchergo is offline Registered User
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    i would also question her son's visa status.

  7. #7
    carang's Avatar
    carang is offline Registered User
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    there are no special circumstances. this truly sounds like a nightmare situation waiting to happen. i would steer well clear.
    son could be here illegally, too...it is possible to be extremely "lovely" but also be a liar...

  8. #8
    Shenzhennifer is offline Registered User
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    I don't think it's fair for people to say she is a liar. She might genuinely be under the impression that it can be legal. She might be relying on hearsay from others who are lying to protect their own situation. People believe what they want. My part time also thinks it's completely legal.

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