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Latest Arrangements on Foreign Domestic Helper Matters in Hong Kong

In view of the Coronavirus outbreak in the city, the Hong Kong government has laid down some changes regarding foreign domestic helper matters. Here are the latest updates.

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Update: March 2020

Extension of stay

The Hong Kong government announced on March 21 that the Immigration Department (ImmD) will flexibly consider applications from foreign domestic helpers (FDHs) to extend their stay in Hong Kong as visitors to allow them more time to find a new employer in Hong Kong if their existing contract is due to expire or is terminated on or before July 31, 2020.

The domestic helper may apply to ImmD for an extension of stay as a visitor for a maximum period of one month in Hong Kong, if he/she is unable to return to his/her place of origin due to the pandemic in his/her place of origin and/or international travel restrictions arising from the pandemic. ImmD will exercise discretion depending on individual case merits under the special circumstances arising from the pandemic.

Further deferral of home leave

Also, under the existing mechanism, an FDH on a renewed contract with the same employer, or due to start a new contract with a new employer upon the expiry of an existing contract may apply to ImmD for deferring home leave for no more than 1 year after the existing contract ends, subject to the agreement of his/her employer or new employer.

Owing to the situation of the COVID-19 pandemic, an FDH may apply to ImmD for further extension of the limit of stay if he/she is unable to return to his/her place of origin for home leave within his/her extended limit of stay. ImmD will, on individual case merits, exercise discretion to grant him/her an extension to further defer the home leave for not more than 6 months.

Arrangements should be made for the FDH to return to his/her place of origin for vacation within the extended period, and to use his/her entry visa (with a validity in line with the extension of stay granted) upon his/her return to Hong Kong for completion of the contract.

For enquiries, you may contact ImmD by calling the enquiry hotline at 2824 6111 or by email to enquiry@immd.gov.hk.

See more: https://www.info.gov.hk/gia/general/202003/21/P2020032000829.htm

Extension of the validity period of the contracts

On March 19, the Commissioner for Labour has now given further in-principle consent for all FDH contracts that will expire on or before June 30, 2020, to vary the period stated in Clause 2 of the SEC by extending the period of employment up to July 31, 2020, on the basis that such variation is mutually agreed by both the employer and the FDH.

Employers and FDHs in need may apply directly to the Director of Immigration for extension of the period of employment and stay of the FDHs on or before June 30, 2020. Upon receiving the applications, the Immigration Department (ImmD) will process them in accordance with its established procedures and policies.

If the contract with the current FDH has already been extended under the flexibility arrangement announced on February 4, 2020, the employer may still submit an application to ImmD to further extend the period of employment and stay of the FDHs up to July 31, 2020, if both the employer and the FDH mutually agree to the variation.

Applications for extension of stay of FDHs may be submitted during office hours or by post to the Foreign Domestic Helpers Section at Immigration Tower in Wan Chai. The required documents for submitting the applications are as follows:

Visa/Extension of Stay Application Form for Domestic Helper from Abroad (ID 988A) completed and signed by the FDH;
the current SEC (ID 407) kept by the employer and the FDH with an amendment clause on extending the period of employment duly signed by both parties at the end of page 4;
a supporting letter signed by the employer stating the reason(s) for extending the period of employment;
the FDH’s travel document (please send a copy if applying by post); and
a visa fee of 0.

Quarantine

The Department of Health (DH)’s demand that inbound travellers, including foreign domestic helpers, arriving from all countries/territories should undergo compulsory home quarantine with effect from 0.00 am on March 19, 2020, the Labour Department appeals to the assistance of FDH employers and their EAs in reminding FDHs to comply with the compulsory quarantine requirement.

Employers or their EAs are also advised to educate FDHs under compulsory home quarantine to stay at home at all times and follow the health advice of the DH. While FDHs are expected to stay at their employers’ residence, should an employer wish to arrange his/her FDH to stay out from his/her residence for compulsory home quarantine, the employer should make prior arrangement with his/her EA (if applicable) to accommodate the FDH concerned.

The employer is also reminded to comply with his/her obligations under the SEC, including bearing the accommodation expenses of the FDH and providing a food allowance to the FDH. An employer shall not compel his/her FDH to work outside of the employer’s residence.

See more: https://www.info.gov.hk/gia/general/202003/19/P2020031900394.htm?fontSize=1