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Saturday, August 9, 2008

Direct Hiring Process of Domestic Helpers for Hong Kong Employers

This section aims at helping current employers in Hong Kong to submit applications direct to the Director of Immigration HK for an entry visa for a new Helper.

Please follow the procedures step by step. Omitting a step may result in delay or refusal of the application:

Step 1. Arrange with the Helper to complete the Visa/Entry Permit Application Form [ ID (E) 936A), the Declaration of Applicant [ID(E) 936L], the Declaration on Applicant’s working experience [ID(E) 936F], four copies of the standard Employment Contract (ID407) and the Undertaking form (ID 407L)

Please note that :
(a) The Visa/Entry Permit Application Form [ID(E) 936A] and the Declaration of Applicant [ID(#) 936L] should be completed and signed by the Helper. A photograph of the Helper has to be affixed to the Visa/Entry Application Form [ID(E) 936A].
(b) All four copies of the standard Employment Contract (ID 407) should be completed and signed by the employer and then forwarded to the Helper for his/her agreement and signature. The completed standard Employment Contract (ID 407) should be distributed as follows :
• one copy each for retention by the employer and Helper ;
• one copy for the consulate concerned in the HKSAR; and
• one copy for the Immigration Department for the purpose of applying for a visa for the Helper. (c) When submitting the application, the employer has to enclose :
(i) photocopies of the Helper’s travel document containing his/her personal particulars, its date of expiry, details of any re-entry visa to his/her place of origin held (if applicable) ;
(ii) an original copy of the standard Employment Contract (ID 407) which should have been notarized by the appropriate consulate in the HKSAR if so required by the relevant consulate ; and
(iii) a completed Acknowledgement Card (ID 813) if the employer wants the Immigration Department to acknowledge receipt of the application.

Note : The Helper’s signatures on all the forms mentioned above and the standard Employment Contract (ID 407) are to be the same as that on his/her passport.

The Helper must hold a valid national passport. Any given permission to stay in Hong Kong will expire on a specified date which in any case shall not be beyond one month prior to the expiry of the passport.

Step 2. Complete the Application for Employment of Domestic Helper from Abroad Form [ID(E) 407K](a) Please complete every item ; and(b) Remember to sign.

Note : The employer’s signatures on all the forms mentioned above are to be the same as that on the standard Employment Contract (ID 407).

Step 3. Complete two Mailing Labels (ID 839) in English or Chinese in full

Step 4. Enclose the following supporting documents :

(a) A copy of the employer’s Hong Kong Permanent Identity Card/Hong Kong Identity Card. If the employer is not a Hong Kong permanent resident, please make a copy of the travel document showing the employer’s personal particulars and the latest Hong Kong Immigration stamp.

(b) Evidence showing that the employer is financially capable of employing a Helper after his/her household expenditure has been deducted. 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 assets of comparable amount to support the employment of a Helper for the whole contractual period.

Examples of such evidence are :

If the employer is an employee of a company
(i) Latest notice of assessment and demand for tax issued by the Inland Revenue Department ; or
(ii) Bank passbook/statement showing auto-payment of the monthly salary for the last 3 months ; or
(iii) Salary statements/slips issued by the employer’s company for the last 3 months ; or
(iv) Evidence showing that the employer is in control of substantial assets such as a recent properties tax assessment, fixed deposits/bank savings statements for the last 6 months (with an aggregated amount of no less than HK$350,000), etc.

If the employer is self-employed or a company director
(v) Latest notice of assessment and demand for tax issued by the Inland Revenue Department ; or
(vi) Company profit tax assessment return together with evidence to show the employer’s connection with the company such as Certificate of Business Registration/Return of Share Allotment [Form 1(b)] ; or
(vii) Bank reference letter showing banking facilities granted to the employer’s company or evidence showing that the employer is in control of substantial assets such as recent properties tax assessment, fixed deposits/bank savings statements for the last 6 months (with an aggregated amount of no less than HK$350,000), etc.

(c) Proof of the employer’s residential address as reported in the standard Employment Contract (ID 407), that the latest demand for rates not or water/telephone/electricity etc. utility bills within the last 3 months.

If the contractual address refers to a flat in a housing estate run by the Housing Department/Hong Kong Housing Society :
(i) Letter of consent from the Housing Department/Hong Kong Housing Society, granting permission for the Helper to reside in the premises ; and
(ii) 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.

If the documentary evidence is not in the employer’s name, please provide additional proof to show the relationship, such as copy of birth certificate, marriage certificate, company’s annual return, Return of Share Allotment [Form 1(b)], etc.

(d) Testimonial of the Helper showing that he/she has at least two years’ working experience as domestic helper. The testimonial must contain the name and address of the writer to facilitate verification.

Step 5. Please send all the required documents above by post or in person to the following address :

Director of ImmigrationThe Government of the Hong Kong Special Administrative Region
Receipt and Despatch Unit
2nd Floor, Immigration Tower,
7 Gloucester Road
Wan Chai, Hong Kong

Please ensure that the following documents have been enclosed by putting a “tick” against each box as appropriate :

Visa/entry Permit Application Form [ID(E) 936A]
Declaration of Applicant [ID(#) 936L]
Undertaking by the Helper (ID 407L)
An original copy of the standard Employment Contract (ID 407)
Application for Employment of Domestic Helper from Abroad Form (ID(E) 407K)
Photocopies of the Helper’s travel documentCopy of the Helper’s Hong Kong Identity Card (if any)
Copy of the employer’s Hong Kong Permanent Identity Card / Hong Kong Identity Card/passportProof of the employer’s financial position
Proof of the employer’s residential address
Declaration on Applicant’s working experience [ID(E) 936F]
Testimonial of the HelperAcknowledgement Card (ID 813)
Two Mailing Labels (ID 839)

Note :(i) Unless asked to do so, please do not send in originals of the supporting documents (except standard Employment Contract (ID 407)).
(ii) It is an offence to make false statements or representations to an immigration officer. A person who knowingly and willfully makes a statement or gives information which 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.
(iii) An application with incomplete supporting documents will not be accepted and will be returned to the employer or his/her representative.

Additional Information

1. Notwithstanding that the employer has sent in all the supporting documents, the employer may still be required to attend an interview in connection with the application. Furthermore, other documents in support of the application may be required by the processing officer in individual cases.

2. If the application is approved, the employer will be notified by letter to collect the visa at the Immigration Department. The employer will be required to pay a visa fee of HK$ 135 and the Employees Retraining Levy upon issuance of the visa.

3. If the application is rejected, the employer will be notified in writing.

4. It normally takes about four to six weeks to process an application for the employment of a Helper upon receipt of necessary documents. Please do not make enquiries about the progress of the application unless it is absolutely necessary as it may delay the processing of the application.

5. With effect from July 10 2008, the minimum salary payable to foreign domestic helpers in Hong Kong should not be less than HK$3,580 per month. The employer should provide the helper with free furnished accommodation with light, water and food. If food is not provided, an allowance of normally not less than HK$300 per month should be paid.

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