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Home > Public Services > Hong Kong Visas > Employment of Domestic Helpers from Abroad > Quick Guide for the Employment of Domestic Helpers from Abroad (ID 989) Public Services
Quick Guide for the Employment of Domestic Helpers from Abroad (ID 989)
I. Eligibility Criteria Employers who wish to employ a domestic helper from abroad (Helper) have to satisfy the following criteria:
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a. |
the employer is financially capable of employing a Helper. In general, for every Helper to be employed, the employer must have a household income of no less than HK$15,000 per month or asset of comparable amount to support the employment of a Helper for the whole contractual period;
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b. |
the Helper and the employer shall enter into a standard Employment Contract (ID 407);
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c. |
the Helper shall only perform domestic duties for the employer as specified in the standard Employment Contract (ID 407);
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d. |
the Helper shall not take up any employment with any other person during his/her stay in Hong Kong;
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e. |
the employer will pay the Helper a salary that is no less than the minimum allowable wage as announced by the HKSAR Government. If no food is provided to the Helper, the agreed amount of food allowance should not be less than HK$300 per month;
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f. |
the Helper shall work and reside in the contractual address1 only ;
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g. |
the employer shall provide the Helper with suitable accommodation and with reasonable privacy;
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h. |
the bona fides of the employer and the Helper are not in doubt;
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i. |
there is no known record to the detriment of the employer and the Helper; and
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j. |
the employer is a bona fide Hong Kong resident.
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2. A Helper must be in possession of a proper visa before he/she travels to the HKSAR. The issuance of a visa to individual Helper is subject to the normal immigration requirements being met (such as holding a valid travel document with adequate returnability to his/her country of residence or citizenship; be of clear criminal record and raises no security or criminal concerns to the HKSAR, has no likelihood of becoming a burden on the HKSAR; etc). Employers who satisfy the above criteria should not assume that their Helper's visa application would be approved automatically.
3. This entry arrangement does not apply to Mainland residents, Macau SAR residents, Chinese residents of Taiwan as well as nationals of Afghanistan, Albania, Cambodia, Cuba, Laos, Democratic People's Republic of Korea, Nepal and Vietnam.
II. Entry Visa Application
4. The following application forms and documents are required for a new Helper from abroad:
| a. |
completed application forms (ID 988A and ID 988B), 2 Mailing Labels (ID 839) and an Acknowledgment Card (ID 813);
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| b. |
an original copy of the standard Employment Contract (ID 407), which should have been notarised by the appropriate consulate in the HKSAR if so required by the relevant consulate. Other 3 copies of the contract are for the retention of the employer, Helper and the consulate concerned (if applicable) respectively;
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| c. |
a copy of the employer's Hong Kong identity card. If the employer is not a Hong Kong permanent resident, a person with right to land or on unconditional stay, please make a copy of the travel document showing the employer's personal particulars and the latest Hong Kong Immigration stamp;
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| d. |
financial proof of the employer, such as the latest notice of assessment and demand for tax issued by the Inland Revenue Department; bank passbook/statements showing auto-payment of the monthly salary for the last 3 months; or salary statements/slips for the last 3 months;
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| e. |
proof of the employer's residential address2 as reported in the standard Employment Contract (ID 407), such as the latest demand for rates note or water/telephone/electricity etc. utility bills within the last 3 months;
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| f. |
a testimonial of the Helper showing he/she has at least 2-year working experience as a domestic helper; and
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| g. |
copies of the Helper's travel document and his/her Hong Kong identity card (if any).
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Submission of Application
5. Entry application may be sent by post or in person to Director of Immigration, Receipt and Despatch Unit, 2nd Floor, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong.
Processing Time
6. It normally takes about 4 to 6 weeks to process an application for the employment of a Helper upon receipt of all necessary documents.
Fee
7. If the application is approved, the employer will be notified by letter to collect the visa label at the Immigration Department. The employer will be required to pay a visa fee of HK$160 and the Employees Retraining Levy upon issuance of the visa label.
III. Contract Renewal with the Same Employer
Application
8. Helpers who wish to renew their employment contracts with their existing employers shall submit fresh applications in person or by authorised person to the Foreign Domestic Helpers Section or any Immigration Branch Offices (except Hong Kong Island Travel Documents Issuing Office). The Helper should submit the current employment contract, original of the Helper's travel document as well as the forms and documents required under paragraph 4 above except the Helper's travel document copy, the Helper's testimonial, the employer's Hong Kong identity card/passport copy, the Acknowledgement Card (ID 813) and the Mailing Label (ID 839).
9. Application for contract renewal will normally be accepted within 4 weeks prior to the expiry of the existing contract. Application submitted after the expiry of the existing contract and the Helper's valid limit of stay in Hong Kong will not be accepted.
Home Leave
10. At the end of the 2-year contract, the Helper shall return to his/her place of origin for vacation before commencing a new contract. If circumstances do not permit the Helper to return to his/her place of origin for vacation immediately upon expiry of the old contract, subject to mutual agreement with the employer, the Helper may apply for an extension of stay of normally not exceeding 1 year for him/her to defer the home leave.
IV. Change of Employer
Change of Employer within 2-year Contract
11. Application for change of employer in the HKSAR within the 2-year contract will not normally be approved. If the Helper wishes to take up employment with a new employer in the HKSAR, the Helper must return to his/her place of origin and apply for a new visa to the Director of Immigration either by post or through his/her new employer.
Change of Employer at the end of 2-year Contract
12. At the end of the 2-year contract, the Helper will be required to return to his/her place of origin for vacation. An application for change of employer by the Helper at the end of the 2-year contract may be made in the same manner as "Contract Renewal with the Same Employer" set out in Part III above. However, the application must be submitted by the Helper in person to the Foreign Domestic Helpers Section. The Helper should submit a release letter from the current employer showing the date of expiry/termination of the current contract, original of the Helper's travel document as well as the forms and documents required under paragraph 4 above except the Helper's testimonial, the Acknowledgement Card (ID 813) and the Mailing Label (ID 839).
13. Application for a visa to enable the Helper to return to the HKSAR to start employment with a new employer may be made but the Helper is required to go back to his/her place of origin within his/her limit of stay under the old contract before returning to the HKSAR to work under the new contract.
V. Completion or Termination of Contract
14. Helpers are required to leave Hong Kong at the end of or upon termination of their employment contracts. They are permitted to remain in Hong Kong for the remainder of the permitted limit of stay or 2 weeks from the date of termination of contract, whichever is earlier. Only in exceptional circumstances that they may submit applications to Foreign Domestic Helpers Section to extend their stay in Hong Kong as a visitor by completing an application form ID 91.
VI. Undertaking and Breaches
15. Any breach of the standard Employment Contract (ID 407) or undertaking to the Government of the HKSAR under ID 988A/ID 988B, or conviction of any related offences under immigration laws or labour laws will be taken into account in considering the employer's future application for a Helper or the Helper's future application for an employment visa or for an extension of stay in the HKSAR.
VII. Levy
16. Employers who apply to employ Helpers are required to pay an Employees Retraining levy (levy). The levy payable for each Helper is $400 per month multiplied by the number of months covered by the employment contract. The levy is not refundable in any circumstances. However, the unused balance may be carried forward for the employment of the next Helper if the contract of the current Helper is prematurely terminated or the Helper fails to arrive in the HKSAR provided that the replacement application is made within 4 months.
17. Employer may choose to pay levy in one go (i.e. HK$9,600) or in 4 equal half-yearly instalments (HK$2,400 each), with the first payment being made before the visa is granted. If an employer fails to settle any of the instalments, the entire outstanding levy will become overdue immediately and the Government may take legal action against the employer to recover the outstanding instalment(s). Such failure will also be taken as an adverse record when the employer submits another application for importing Helper and may render the employer ineligible for employment of Helper for a certain period of time.
VIII. Warning
18. Any person who knowingly and wilfully makes a statement or gives information that he/she knows to be false or does not believe to be true shall be guilty of an offence under the laws of the HKSAR and any such visa issued shall have no effect. Any aider and abettor in such offence is also liable to criminal prosecution.
IX. Addresses and Office Hours
19. Below are the addresses and office hours of Receipt and Desptach Unit, Foreign Domestic Helpers Section and Immigration Branch Offices:
Receipt and Despatch Unit
2/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong.
Foreign Domestic Helpers Section
Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong. Immigration Branch Offices:
- East Kowloon Office
Level 2, Sceneway Plaza, Sceneway Garden, 1-17 Sceneway Road, Lam Tin, Kowloon.
- West Kowloon Office
M/Floor, Yau Ma Tei Carpark Building, 250 Shanghai Street, Yau Ma Tei, Kowloon.
- Sha Tin Office
3rd Floor, Sha Tin Government Offices, 1 Sheung Wo Che Road, Sha Tin, N.T.
- Fo Tan Office
Shops 405 & 406, 4th Floor, Jubilee Court Shopping Centre, 2-18 Lok King Street, Fo Tan, N.T.
- Yuen Long Office
Shop B, Ground Floor, Manhattan Plaza, 23 Sai Ching Street, Yuen Long, N.T.
- Hong Kong Island Travel Documents Issuing Office
2nd Floor, Harbour Building, 38 Pier Road, Central, Hong Kong.
Office Hours
- Receipt and Desptach Unit and Foreign Domestic Helpers Section
| Monday - Friday |
8:45 a.m. to 4:30 p.m. |
| Saturday |
9:00 a.m. to 11:30 a.m. |
- Immigration Branch Offices (except Hong Kong Island Travel Documents Issuing Office)
| Monday - Friday |
9:00 a.m. to 12:45 p.m. and 2:00 p.m. to 4:30 p.m. |
| Saturday |
9:00 a.m. to 12:30 a.m. |
- Hong Kong Island Travel Documents Issuing Office
| Monday - Friday |
9:00 a.m. to 4:30 p.m. |
| Saturday |
9:00 a.m. to 12:30 p.m. |
X. Enquiries
20. This pamphlet serves as a quick reference for the employment of domestic helpers from abroad. In case of need, please refer to "Guidebook for the Employment of Domestic Helpers from Abroad" [ID(E) 969] or contact the Immigration Enquiry Hotline at (852) 2824 6111 and (852) 2877 7711 (fax). You may also visit the Immigration Department website www.immd.gov.hk.
XI. Checklist of Forms and Documents Required for Application for Helpers from Abroad
| S/N |
Forms/Documents required |
Type of Application |
| Entry Visa |
Renew Contract |
Change employer |
| 1. |
Visa/Extension of Stay Application Form for Domestic Helper from Abroad (ID 988A) |
a |
a |
a |
| 2. |
Application for Employment of Domestic Helper from Abroad (ID 988B) |
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a |
a |
| 3. |
An original copy of the new standard Employment Contract (ID 407) |
a |
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a |
| 4. |
An original copy of the current standard Employment Contract (ID 407) |
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a |
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Original of the Helper's travel document |
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a |
a |
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Copy of the Helper's travel document |
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a |
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Copy of the Helper's Hong Kong Identity Card (if any) |
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a |
| 8. |
Copy of the employer's Hong Kong Permanent Identity Card/Hong Kong Identity Card/passport |
a |
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a |
| 9. |
Proof of the employer's financial position (Copy) |
a |
a |
a |
| 10. |
Proof of the employer's residential address (Original & Copy) |
a * |
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a |
| 11. |
Testimonial of the Helper |
a |
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| 12. |
Release letter from current employer showing the date of expiry/termination of the contract |
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a |
| 13. |
Acknowledgement card (ID 813) |
a |
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| 14. |
2 mailing labels (ID 839) |
a |
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*Original residential proof will be required upon collection of visa label.
Footnote:
1Employers who have obtained the Director of Immigration's approval before 1 April 2003 to let their Helpers live out can continue to do so, so long as they continue to employ Helpers without a break of more than 6 months.
2If the contractual address is a flat in a housing estate run by the Housing Department/Hong Kong Housing Society, a consent letter from the Housing Department/Hong Kong Housing Society granting permission for the Helper to reside in the premises and copies of page 1 to 4 of the tenancy agreement with the Housing Department/Hong Kong Housing Society showing the address and personal particulars of the family members are required. Additional proof to show the relationship is also required if the documentary evidence is not in the employer's name.
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