How can domestic helpers get a visa extension?

It’s important to be aware of when a domestic helper needs to get a visa extension as the consequences of overstaying on a visa are severe and might include 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 when a short-term visa extension is needed.

Scenario 1

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

When choosing the option of deferring their mandatory home leave, the domestic helper is issued 2 visas by the Immigration Department; a one-year visa allowing the helper to remain in Hong Kong to immediately start working for you, and a one-year visa to be activated when exiting and re-entering Hong Kong after taking their home leave. 

Home leave (also called vacation leave, but not to be confused with annual leave) is an Immigration requirement for 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”

You can read more about the home leave requirement in our article Home Leave for Domestic Helpers – Frequently Asked Questions 

Example

The 2-year employment contract commenced on Mar 19, 2020 and the contract should end on Mar 19, 2022, but the visa (permission to remain in Hong Kong) is only until Mar 19, 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 Mar 19, 2022 upon their entry to Hong Kong after no less than 7-days of home leave in their country of origin.

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

image 1

Scenario 2

The domestic helper has not obtained their full 2-year visa since their 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 Jan 28, 2021 when the helper arrived in Hong Kong. The two year contract should end on Jan 28, 2023, but the visa (permission to remain in Hong Kong) is only up until Feb 4, 2022 since the passport is valid until Mar 4, 2022.

• Check image 2 to see where on a Philippines passport you can find the “Valid until” section. 
• Check image 3 for an example of this type of shortened visa.

image 2

image 3

How do you go about getting a Full Visa Extension?

Scenarios 1 and 2 require obtaining a Full Visa Extension. We provide you below with a step-by-step guide on how to apply for this.

In order to apply for 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. Helper’s original old and new passports;
3. Original employment contract;
4. Employer’s supporting letter to confirm continuing employment (template below);
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); and
6. HK$230 visa fee

There are different ways to apply for a Full Visa Extension from the Hong Kong Immigration Department:

• Use the Fair Agency visa extension service at $900. Feel free to contact us for more information. 
• 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. 
• Visit the Hong Kong Immigration Department for a walk-in appointment, or book an appointment 8 weeks prior to the visa expiry date here.
• Submit the visa extension application by drop-in or post to Foreign Domestic Helpers Section, 3/F, Immigration Tower, Wanchai. Include photocopies of  documents 1- 6 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 mutually decide to lengthen the two-year contract by one month, the domestic helper should apply to the Director of Immigration for a Short-term Visa Extension.

Such extension of stay will only be granted where there are exceptional circumstances. The Director of Immigration has the sole discretion to determine whether an extension of stay will be granted.

Please note that a visa extension will not normally be granted in connection to a contract renewal. That means that if the domestic helper has obtained a one month extension, the Immigration Department will most likely not allow for a subsequent renewal of contract.

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. Original copies of the current standard Employment Contract (ID407) kept by the employer and helper with an added amendment clause about the extension duly signed by both parties at the end of page 4 (see example here);
3. A supporting letter signed by the employer stating the reason(s) for such extension; 
4. Original helper passport (do send a copy if applying by post); and
5. HK$230 visa fee

There are different ways to apply for a Short-Term Visa Extension from the Hong Kong Immigration Department:

• Use the Fair Agency visa extension service at HK$900. Please feel free to contact us for more details. 
• 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. 
• Visit the Hong Kong Immigration Department for a walk-in appointment, or book an appointment 8 weeks prior to the visa expiry date here.
• 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.

Other questions about visa extension

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 the helper have mutually agreed to defer the home leave, we would recommend the employer to share 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.

Want Fair to take care of this for you?

Fair Employment Agency offers a visa extension service at HK$900. Get in touch with us to get the process started!