(Updated on February 12, 2026)
In Hong Kong foreign domestic helpers are required to live in with their employer under the employment law. However, due to the small living spaces of Hong Kong families, sometimes an employer prefers it if their foreign domestic worker lives outside of their home. Some domestic workers also prefer this employment arrangement because it gives them more privacy and fixed working hours. But what are the consequences of doing this?
1. Is the “Live-In” requirement a suggestion or a law?
It is a mandatory Condition of Stay imposed by the Hong Kong Immigration Department. Since April 1, 2003, all foreign domestic helpers are legally required to work and reside at the employer’s residence as stated in the Standard Employment Contract (SEC).
2. What are the legal consequences of a “Live-Out” arrangement?
A domestic helper living out is considered a breach of the conditions of stay. If discovered:
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For the Employer: You may be prosecuted for making a false representation to an Immigration Officer. This carries a maximum fine of HK$150,000 and up to 14 years of imprisonment.
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For the Helper: The worker faces immediate deportation and a permanent ban from working in Hong Kong.
3. Does the law define “Suitable Accommodation”?
Yes. Clause 3 of the Standard Employment Contract stipulates that the employer must provide the helper with “suitable accommodation and with reasonable privacy.”
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The Legal Standard: While a private room is not strictly required by the letter of the law, the accommodation must be dignified.
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Prohibited Spaces: The Immigration Department explicitly states that helpers cannot sleep in kitchens, bathrooms, or corridors, nor can they share a room with an adult/adolescent of the opposite sex.
4. Can I be blacklisted for a residency violation?
Yes. If an employer is found to have aided or abetted a domestic helper in living out, the Immigration Department will likely deny all future applications to hire a domestic worker. This “blacklisting” is often permanent, as the department loses trust in the employer’s “bona fides.”
5. Are there any legal exceptions to this rule?
There is only one exception: If the employer and the helper have been continuously employed by each other and received “live-out” permission from the Immigration Department prior to April 1, 2003, they may continue the arrangement. This exception is rare and does not apply to any new contracts signed after that date.
What Should You Do as an Employer?
Even though your helper may live out because you want to give her fair working conditions or because you want to spend some time alone with your children, or because your flat is too small, do not enter into this kind of arrangement. If your helper is currently living out, explain the situation to her and ask her to live in.
Also, if you have moved since the employment contract was signed, remember to inform the Immigration Department of your change of address. You will need to submit ID407G form (Revised Schedule of Accommodation and Domestic Duties).
Finally, it is important that all parties have the correct information and know the consequences of signing contracts that are intentionally not followed, even if you are advised to do so by your employment agency. Your domestic helper’s visa can be revoked, and it can make your life very complicated when caught.