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How can domestic helpers get a visa extension?

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Guide to Obtaining an Extension of Employment Visa

It’s important to be aware of when to get a visa extension as the consequences of overstaying on a visa are severe, including imprisonment.

There are three scenarios where a domestic helper needs to obtain an extension of an employment visa. We’ve described them below. Scenario one and two require a full visa extension while scenario three describes where an extension for a short period of time is needed.

Scenario 1:

The domestic helper started working for the employer immediately after the visa was released and she has not exited Hong Kong within her first year of employment

When deferring Home-Leave, the domestic helper is issued 2 visas by the Immigration Department; one one-year visa allowing her to remain in Hong Kong to immediately start working for you, and the other one-year visa to be activated when exiting and re-entering Hong Kong.

Home/vacation leave is an Immigration requirement of domestic helpers:

• Clause 13 of the Standard Employment Contract states that: Between contracts, unless with approval for extension of stay in Hong Kong, a domestic helper shall return to her place of origin for home/vacation leave for not less than 7 days. This leave is at the expense of the employer. Read more: Home Leave for Domestic Helpers – Frequently Asked Questions 

Example:

The 2-year employment contract commenced on 19 Mar 2020 and the contract should end on 19 Mar 2022, but the visa (permission to remain in Hong Kong) is only until 19 Mar 2021 since the Immigration requires helpers to exit Hong Kong within the first year of employment.

The domestic helper will get the remaining one-year visa until 19 Mar 2022 upon her entry to Hong Kong after her no less than 7-day home leave.

• See image 1 to see where you can check for these dates on the visa.

image 1

Scenario 2:

The domestic helper has not obtained her full 2-year visa since her passport did not have 2-year validity at the time of visa application

The domestic helper should renew their passport preferably 1 year prior to the passport expiry date. After the passport is renewed, they will need to apply for a visa extension at the HK Immigration Department.

Example:

The two-year contract commenced on 28 Jan 2021 when the worker arrived in Hong Kong and the two year contract should end on 28 Jan 2023, but the visa (permission to remain in Hong Kong) is only until 04 Feb 2022 since the passport is valid until 04 Mar 2022.

• See image 2 for where you can check on a Republic of the Philippines passport for the date that is “Valid until”
  See image 3 for an example of this shortened visa.

image 2

image 3

Want us to take care of this for you?

Fair Employment Agency offers a visa extension service at HK$800. Get in touch with us to get the process started:

• Sheung Wan: +852 3568 6858
• Tsuen Wan: +852 3611 2997
• Email: info@fairagency.org

How do you go about getting a Full Visa Extension?

Scenario 1 and 2 require obtaining a Full Visa Extension. Here is how to get a full visa extension:

The following documents are required:

1. Completed and signed Extension of Stay Application Form for Domestic Helper from Abroad (ID 988A);
2. Worker’s original old and new passports;
3. Original employment contract;
4. Employer’s supporting letter to confirm continuing employment;
5. If the employer has changed address, a copy of a gas / water / electricity utility bill + completed and signed Revised Schedule of Accommodation and Domestic Duties (ID 407G)
6. HKD 230 visa fee

Ways to obtain the Full Visa from the HK Immigration Department

1. Use the Fair Agency visa extension service at $900. Please feel free to contact us for details. 
2. Use the Immigration Department’s “Smart Renewal” service to submit an online application to extend/renew visas or defer home leave. Upon receiving the notification of the application result, you will be able to pay the visa fee online and receive an e-Visa immediately after payment. You can download or print the “e-Visa” by yourself through the GovHK website or the ImmD Mobile Application after 2 working days following the payment date. The new e-Visa arrangement replaces the sticker-type physical label that is adhered to the passport. Read more here: https://www.immd.gov.hk/eng/e-visa.html
3. Do a walk-in appointment or book an appointment 8 weeks prior to visa expiry date here.
4. Submit the visa extension application by drop-in or post to Foreign Domestic Helpers Section, 3/F, Immigration Tower, Wanchai. Please include photocopies of documents 1- 6 and all of the documents in one envelope Immigration will contact the domestic helper to pick up the visa extension when it is ready.

Scenario 3:

The employer and domestic helper mutually agree to extend the two-year contract by a short period

If the domestic helper and employer wish to lengthen the two-year contract by a short period, the domestic helper should apply to the Director of Immigration for an extension of stay in Hong Kong.

Such extension of stay will only be granted where there are exceptional circumstances. Extension will not normally be granted in respect of renewal of contracts. The Director of Immigration has the sole discretion to determine whether an extension of stay will be granted.

How do you go about getting a Short-term Visa Extension?

The following documents are required to get a short-term visa extension:

1. Completed and signed Extension of Stay Application Form for Domestic Helper from Abroad (ID 988A)
2. Two set of original copies of the current standard Employment Contract (ID407) kept by the Employer and Domestic Helper with an amendment clause on the extension duly signed by both parties at the end of page 4
   Sample_contract_amendment_for_extension
3.  A supporting letter signed by the employer stating the reason(s) for such extension and stating that both parties understand that further extension of the contract will not be considered
4. Original helper passport (do send a copy if applying by post)
5. HK$230 visa fee

Ways to obtain the short- term visa from the HK Immigration Department

1. Use the Fair Agency visa extension service at $900. Please feel free to contact us for details. 
2. Use the Immigration Department’s “Smart Renewal” service to submit an online application to extend/renew visas or defer home leave. You will be able to pay the visa fee online and receive the visa by post.
3. Do a walk-in appointment or book an appointment 8 weeks prior to visa expiry date here
4. Submit the visa extension application by drop-in or post to Foreign Domestic Helpers Section, 3/F, Immigration Tower, Wanchai. Please include photocopies of documents 1- 6 and submit all of the documents in one envelope. Immigration will contact the domestic helper to pick up the visa extension when it’s ready.

When to apply for the visa extension

You can apply for the extension as far as 8 weeks prior to the current visa expiry date in advance, or at least 10 working days before the visa expiry date.

Who’s responsible for the visa fee? 

If a new visa is needed due to the helper’s passport validity, it is reasonable for the domestic helper to pay the visa fee. If a new visa is needed because both the employer and worker have mutually agreed to defer the home leave, we would recommend sharing the visa fee with the domestic helper as a gesture of goodwill.

We do our best to keep our articles up-to-date. Please double-check with the relevant department’s directly for the latest.

You may also like:

• Quick guide for Employers of Domestic Helpers
• COVID-19 updates affecting domestic helpers & employers
• What does domestic helper hiring look like now with the impact of COVID-19?
• FAQs on home leave
• Signup for the Fair Bulletin: Monthly newsletter from Fair Agency
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