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Application for Advanced Contract Renewal for Employment of Foreign Domestic Helpers

Between 1 August 2008 and 31 July 2010, a special arrangement is in place to allow employers and the foreign domestic helpers (FDHs) to terminate the existing contracts and enter into new contracts between the same contractual parties regardless of whether the existing contracts have run their two-year full course. Under this arrangement, the FDHs are not required to leave Hong Kong after termination of the existing contracts and before commencement of new contracts.

Application Procedures

The following duly completed application forms and supporting documents should be submitted upon application:

1. Visa/Extension of Stay Application Form for Domestic Helper from Abroad (ID 988A);
2. Application for Employment of Domestic Helper from Abroad (ID 988B);
3. an original copy of the current and the new employment contracts (ID407). The new contract has to be notarized if so required by the relevant Consulate;
4. original of the FDH's travel document;
5. copy of the FDH's Hong Kong identity card;
6. proof of the employer's residential address (original and copy); and
7. a written statement in the form of an undertaking by the Employer to the FDH confirming the effective date of termination of the existing contract and the intention to enter or the entering into a new contract with the FDH after such termination on the basis that the FDH will be taken as continuing in the employment by the Employer at all times (SF/IM/1607).

Applications may be submitted within 4 weeks prior to or within 14 days after the termination of the existing contracts. Further documents in support of the applications may be required. Applications will be favourably considered if there are no changes in circumstances since the approval of the existing contracts and the bona fides of the applications are not in doubt.

FDHs may submit their applications in person or through authorized representatives to the Foreign Domestic Helpers Section or the Immigration Branch Offices of the Immigration Department (except the Hong Kong Island Travel Documents Issuing Office).

Commencement Date of New Contract

Upon mutual agreement by the contractual parties, the commencement date of a new contract should be specified in Clause 2 of employment contract (ID407) by choosing either of the following:

1. Clause 2(A) is generally applicable to the FDH who chooses to take leave outside Hong Kong before commencement of new contract. The commencement date will be the date on which the FDH arrives in Hong Kong.
2. Clause 2(C) is generally applicable to the FDH who chooses to start the new contract immediately after the termination. The commencement date will be the date on which the Director of Immigration grants the FDH permission to remain in Hong Kong to begin employment under the new contract.

If the new contract commences under Clause 2(A), the FDH will be granted a visa to start the new employment contract after taking leave.

If the new contract commences under Clause 2(C), subject to the validity of the FDH's passport, an extension of stay of normally not exceeding one year together with a visa with validity in line with the extended stay to enable the FDH to leave and return to Hong Kong to complete the two-year contract within the period of extended stay may be granted.

Processing Time

Application will normally be finalized within the same day if all required documents are in order. However, if there is an upsurge of applications, applicants may be required to follow other arrangements so made for submission of application or collection of visa as appropriate.

Fee

If the application is approved, the employer is required to pay a visa fee of HK$160 upon the issuance of visa label.

Enquiries

If you require more information, please contact the Immigration Enquiry Hotline at (852) 2824 6111 or (852) 2877 7711 (fax). You may also browse through the Immigration Department website at www.immd.gov.hk.