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How can domestic helpers get a visa extension?

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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 and Scenario three describes where an extension of a short period 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 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. 

If the domestic helper was not able to exit Hong Kong to fulfil this Home-Leave requirement before her existing visa expires, she needs to apply for a visa extension from the Hong Kong Immigration Department. 

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 

Due to the travel challenges of the COVID-19 pandemic, domestic helpers may apply for further Extension of the Limit of Stay with the Immigration Department if she is unable to return to her place of origin within her extended limit of stay. However, the government announced the flexibility arrangements to assist foreign domestic helpers and their employers under the epidemic of Covid – including extending their contracts and deferring returning their origin places – will be discontinued by May 2023.

See: How can domestic helpers get a visa extension in Hong Kong? 

Please note that upon Extension of the Limit of Stay, the requirement of return to place of origin is deferred but not removed. The employer should make arrangements for the domestic helper to return to her place of origin for home/vacation leave within the extension period. For this reason, domestic helpers should not receive cash for the flight tickets of home/vacation leave. 

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) is only until 19 Mar 2021 since the Immigration requires workers 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 (old sticker-type physical visa label)
domestic helper visa extension fair employment agency

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 his/her passport preferably 1 year prior to the passport expiry date. After the passport is renewed, then she needs 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 (permitted to remain) 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.
domestic helper visa extension fair employment agency

image 2

domestic helper visa extension fair employment agency

image 3

Want us to take this off your plate?

Fair Agency offers visa extension service at HK$900. Get in touch:

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. Employer’s undertaking: The undertaking indicates that employers will arrange for:
    • the COVID-19 test and hotel quarantine for their domestic helper, and
    • be responsible for the relevant costs when their FDHs are arriving on or after July 25, 2020.
    • The undertaking can be downloaded from the website of ImmD: HERE  and obtained free of charge from the Immigration Department Headquarters and Immigration Branch Offices.
  7. HKD 230 visa fee

Ways to obtain the Full Visa from the HK Immigration Department

  1. Fair Agency offers 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, via http://www.gov.hk/en/residents/immigration/nonpermanent/bookextensionstay.htm
  4. The visa extension application can be submitted by drop-in or post to 3/F, Immigration Tower, Wanchai. Please include photocopies of the following  documents 1- 6.  Put all the documents in an envelope and do drop-in on Immigration 3/F or by post (Foreign Domestic Helpers Section, 3/F, Immigration Tower, 7 Gloucester Road, Wan Chai). Immigration will contact the domestic helper to pick up the visa extension when it’s ready, or they can download or print the “e-Visa” through the GovHK website or the ImmD Mobile Application after 2 working days following the payment date.

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 sole discretion to determine whether an extension of stay will be granted.

An extension of more than one month will not normally be granted but the Government further announced (link) on 21 September 2022 that they will continue to implement the previous measure to enable employers to extend the existing contracts with their outgoing helpers. For all contracts that will expire on or before December 31, 2022, the Commissioner for Labour has given in-principle consent for extending the employment period for a maximum period of six months, given that this is agreed upon by both the employer and the helper. 

However, applications for further extension of those contracts which have already been extended under the previous flexibility arrangement, including that announced on December 28, 2021, will not be considered.

If arrangements cannot be made for a newly hired domestic worker to come to Hong Kong within the six-month extension period and the employer needs to continue to employ their worker beyond the six-month extended period, the employer should consider applying for contract renewal with the existing worker.

Want us to take this off your plate?

Fair Agency offers visa extension service at HK$900. Get in touch:

Short term visa extension

Here is how to get a short term visa extension.

The following documents are required:

  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 such 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 of the Helper’s travel document (please send a copy if applying by post)
  5. Employer’s undertaking HERE 
  6. HK$230 visa fee

Ways to Apply for the Short-term Visa Extension from the HK Immigration Department

  1. Fair Agency offers visa extension service at $900. Please feel free to contact us for details. 
  2. Do a walk-in appointment or book an appointment 8 weeks prior to visa expiry date, via http://www.gov.hk/en/residents/immigration/nonpermanent/bookextensionstay.htm
  3. The visa extension application can be submitted by drop-in or post to 3/F, Immigration Tower, Wanchai. Please include photocopies of the required documents. Put all the documents in an envelope and do drop-in on Immigration 3/F or by post (Foreign Domestic Helpers Section, 3/F, Immigration Tower, 7 Gloucester Road, Wan Chai). Immigration will contact the domestic helper to pick up the visa 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 worker’s passport validity, it is reasonable for the domestic helper to pay the visa fee. If a new visa is needed since both employers and workers mutually agree 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 organisations directly for the latest. 

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Last updated on December 20th, 2022
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