Special cases: How do I process a domestic helper visa without an agency?

Domestic helpers who are terminated prematurely are generally not permitted to remain in Hong Kong and process a change of employer application at the Immigration Department.

As a rule, the Immigration Department will not approve applications to change employers in the HKSAR within the two-year contract. Therefore, if you are hiring a domestic helper who is unable to finish their contract, they are expected to travel back to their home country and process the new visa application overseas.

There are 2 contract types that the Hong Kong Immigration will consider in processing the change of employer application:

1. Termination due to Finished Contract
2. Termination due to Special Case

In this article, we will briefly discuss how employers can process a domestic helper visa without an agency if they are prematurely terminated in Hong Kong due to special cases.

Where can I find more information?

• Contact the Immigration Department directly for more information on the Foreign Domestic Helper visa process.
• Contact the Migrant Workers Office (MWO) or the Indonesian Consulate directly for more information on contract verification/notarisation.
• Contact us at the Fair Agency to know more about our Direct Hire service.

How do I determine that my helper is terminated due to a special case?

There are 4 types of special cases that the Hong Kong Immigration considers the change of employer application of a domestic helper:

1. Their employer passed away
2. Their employer relocated outside of Hong Kong
3. Their employer entered a period of financial difficulty
4. There was any form of abuse or exploitation by their last employer

At Fair Employment Agency, we take great care in verifying the termination paperwork of the domestic helper you want to hire. You may have heard about terms like “early release”, “relocation”, and “redundancy” as valid termination reasons, but in our experience, this is often a complicated process and the Immigration Department requires documentary proof before accepting the change of employer application.

If you worry that the documents and explanations supplied by the domestic helper are insufficient, we suggest you hire our team of expert consultants to provide excellent guidance and ensure your peace of mind.

Ask us about our Agency Protection Policy – We offer 50% service fee refund on our Direct Hire services

We understand that you may prioritize hiring domestic helpers with a track record of finishing their contracts. However, there are situations when the domestic helper has no control over the reason for contract termination, which is why the Immigration Department allows for special cases to be considered where the employer’s situation has changed.

When do I need to use an agency?

For Filipino domestic helpers, you can process the change of employer visa by yourselves without an agency. Follow our quick guide below.

For Indonesian domestic helpers, the Indonesian consulate requires the change of employer application to be processed with an employment agency. You can go directly to our Special Case – Direct Hire Services page for more details.

How to hire a special case Filipino domestic helper?

You can submit the change of employer application no earlier than 4 weeks before the expiry of the current domestic helper visa. In our experience, four weeks is more than enough time to complete the paperwork, but when you factor in the processing time at the Immigration and related expenses for both employer and helper during this period, the job of the agency is to get everything sorted out and prepared for you so that things can get done as quickly as possible.

The processing timeline at Hong Kong Immigration is from 4 to 6 weeks. If you foresee that timeliness is an issue and worry about the domestic helper overstaying her visa, we suggest you use our team of expert consultants and liaison officers to provide a fast service and ensure your peace of mind.

Post-deployment support – We process your contracts and partner with you for the whole contract duration

There are 2 parts to applying for a domestic helper visa for Filipinos. Steps 1 to 4 refers to processes required at Hong Kong Immigration, while steps 5 and 6 are required at the Migrant Workers Office at the Philippine Consulate in Hong Kong.

If you prefer to submit the visa application of the Filipino domestic helper by yourself, we strongly recommend that you do it as early as possible and agree on the new contract particulars with the domestic helper to prevent issues later on. The specific items you should discuss:

1. Home Leave – Will the domestic helper go home immediately before starting the new contract? Read our FAQs on domestic helper home leave before making a decision.
2. Annual Leave – Can domestic helpers receive cash for the unused annual leave? Read our FAQs on domestic helper annual leave and communicate the preferred arrangement with each other.
3. Sick Leave – How are sick leave days accrued? Read our FAQs on domestic helper sick leave if you want to know more about the domestic helper’s sickness allowance.
4. Medical Certificate – Is the medical examination necessary? Read our article on medical certificate presentation and the tests available in Hong Kong to ensure the domestic helper’s fitness for employment.

STEP 1: Pick up the contracts and forms

Employers or domestic helpers must pick up the contract and relevant forms from the Hong Kong Immigration Department.

Address:

Foreign Domestic Helpers Section
4/F, Administration Tower, Immigration Headquarters
61 Po Yap Road, Tseung Kwan O, New Territories

STEP 2: Gather supporting documents for submission

• 4 copies of the signed contracts (ID407)
• Immigration forms (ID988A, ID988B)
• Applicants’ HKID, valid passport
• Helper’s visa, landing slip, last contract
• Employer’s residential and financial proof

For more on supporting documents, see this article.

STEP 3: Submit documents to Hong Kong Immigration

If the domestic helper’s limit of stay is between 4 weeks to 10 days:

• Submit the documents online via the GovHK E-services Portal
• Drop-in or post to Foreign Domestic Helpers Section, 4/F, Administration Tower, Immigration Headquarters, 61 Po Yap Road, Tseung Kwan O, New Territories

If the domestic helper’s limit of stay is less than 10 days, then you must use the following ways:

• Submit the documents online via the GovHK E-services Portal
• Make an appointment or do an in-person follow up of your submission at Hong Kong Immigration Department (Foreign Domestic Helpers Section, 4/F, Administration Tower, Immigration Headquarters, 61 Po Yap Road, Tseung Kwan O, New Territories)

NOTE: These options may not be available to all kinds of change of employer applications. Please call the Immigration Hotline for General Enquiries or contact an agent for help.

STEP 4: Processing and visa release

Once you have submitted the change of employer application, you can enquire online about the status of that application here: GovHK: Online Application Status Enquiry (www.gov.hk)

Once the visa is approved, you will receive a “General Demand Note” (GDN) with payment instructions. Settle the fee accordingly.

STEP 5: Employment contract verification at the Philippine Consulate

To ensure the safe return of the domestic helper from the home leave, domestic helpers need to secure a new Overseas Employment Certificate (OEC) from the Migrant Workers Office in Hong Kong.

Address:

Migrant Workers Office Hong Kong
2902 29/F, United Centre,
95 Queensway, Admiralty

Employers must ensure the successful verification of the employment contract to keep themselves protected under Hong Kong and Philippine laws. If the domestic helper keeps a busy schedule and is unable to verify the contracts by themselves, we suggest you avail of our direct hire service from start to finish along with our post-deployment support and client care facilities for 2 years.

To know more about the Philippine Consulate requirements and download the relevant forms, visit their website here: Verification of Employment Contracts (mwohk-ph.com)

STEP 6: Collect the notarized contracts

Upon payment of the verification fee and OWWA membership, the domestic helper will receive the receipt and a notice of the date when the contract will be released.

Failure to collect on the specified date may risk further delay of contract release.

How to hire a finished contract Indonesian domestic helper?

The Indonesian Consulate (KJRI) requires all domestic helper visa applications to be processed through an employment agency. The agency must submit the change of employer application no earlier than four weeks before the expiry of the current domestic helper visa.

The process is different from the Filipino domestic helper change of employer application, but the timeline at Hong Kong Immigration is the same which takes from 4 to 6 weeks. We suggest you use our team of expert consultants and liaison officers to provide excellent service, quick responses and fast deployment for your peace of mind.

No hidden fees – We promise transparent pricing and professional service

STEP 1: Discuss with the domestic helper about the job offer, salary and accommodation.

If you are planning to apply for the new visa of the Indonesian domestic helper, we strongly recommend that you do it as early as possible and agree on the new contract particulars with the domestic helper to prevent issues later on. The specific items you should discuss:

Home Leave – Will the domestic helper go home immediately before starting the new contract? Read our FAQs on domestic helper home leave before making a decision.

Annual Leave – Can domestic helpers receive cash for the unused annual leave? Read our FAQs on domestic helper annual leave and communicate the preferred arrangement with each other.

Sick Leave – How are sick leave days accrued? Read our FAQs on domestic helper sick leave if you want to know more about the domestic helper’s sickness allowance.

STEP 2: Review the medical report of the domestic helper.

The Indonesian Consulate requires domestic helpers to present a medical certificate at the start of every contract. Read our article on medical certificate presentation and the tests available in Hong Kong to ensure the domestic helper’s fitness for employment.

STEP 3: Gather supporting documents for submission.

• 4 copies of the signed contracts (ID407)
• Immigration forms (ID988A, ID988B)
• Applicants’ HKID, valid passport
• Helper’s visa, landing slip, last contract
• Employer’s residential and financial proof

For more on supporting documents, see this article.

STEP 4: Processing timeline and document release.

The contract notarization at the Indonesian Consulate General in Hong Kong will take up to 10 working days after all documents have been submitted.

The visa processing at Hong Kong Immigration will take up to 6 weeks after submitting all documents and signed application forms.

Once approved, the agency will contact both the employer and domestic helper for the release of her submitted documents, including the approved visa and notarized employment contracts.

In summary

• Special case candidates can be complicated to apply for change of employer visas.
• To prove a special case, the Immigration Department will require a valid release letter and typically will ask for some proof of one of the reasons stated in this article. Fair Agency can help you with this when you use our Direct Hire service.
• If you do choose to use an employment agency, be wary of agencies that run on unethical practices or sneak in hidden fees throughout the hiring process.