How Can I Convert My Foreign Domestic Helper Visa To A Dependant Visa After Marriage To A Hong Kong Permanent Resident?
Posted by The Visa Geeza / in Family Visas, Your Question Answered / 22 responses
Can you swap from a foreign domestic helper visa to a dependant visa whilst in Hong Kong?
QUESTION
My domestic helper, from the Philippines, is married to a Hong Kong Permanent Resident.
Her contract with me expires in April and they want to apply for a dependent visa for her.
Is this possible, what are the criteria and what would be the time line?
Can I extend her domestic helper visa whilst her dependent visa application is being processed, so she is still able to work?
Many thanks
ANSWER
It is entirely possible to convert from foreign domestic helper status through to dependent visa status, and the timeline is typically six to eight weeks for the finalisation of the dependent visa application. So given that your foreign domestic helper contract with you expires in April, and that her working visa, her foreign domestic helper visa is going to expire two weeks after that date, then effectively you’ve got enough time (or she’s got enough time) to make an application for a dependent visa.
And the details are contained in the Hong Kong Visa handbook, under legal dependent visa, you just follow that entire process irrespective of what your current immigration status is, and then when the Immigration Department have finalised the dependent visa application and approved it, a label will be issued to her that says that she now has a dependent visa and she’s going to have to relinquish her foreign domestic helper visa status and activate her dependent visa status.
And the way that this happens is that typically during the time that she’s holding her foreign domestic helper visa, she makes an exit from Hong Kong and relinquishes her foreign domestic helper visa status at the point of exit. And then when she re-enters Hong Kong, she places the new dependent visa label on a clean page in her passport and she enters as a dependent at that time.
So given that, we do have her contract expiring in a few weeks and it’s going to take six to eight weeks for the Immigration Department to finalise her her dependent visa application, it just seems to me that she can carry on working for you through to the April termination of contract date, and have her dependent visa application pending throughout all of that time, anticipate that it’s going to get approved prior to April and then, as I say, relinquish her foreign domestic helper visa at the time that it expires, naturally, and take her dependent visa out off to Macau and come back and activate her dependent visa status upon re-entry in the way that I described a little bit earlier.
So it seems to me that you’ve got all the necessary dynamics in place to make that conversion happen. And it seems to me that you’ve got more than sufficient time for all of that to play itself out until her current contract expires. And naturally enough, even though she has a dependent visa application in the pipeline that’s not yet approved until it does get approved.
So until such a time as it gets approved, her foreign domestic helper visa status will prevail nonetheless. And, of course, she’s here in Hong Kong under that status, to provide services to you. So she will certainly be able to work for you during all of that time.
I hope you found that useful.
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The Hong Kong Visa Geeza (a.k.a Stephen Barnes) is a co-founder of the Hong Kong Visa Centre and author of the Hong Kong Visa Handbook. A law graduate of the London School of Economics, Stephen has been practicing Hong Kong immigration since 1993 and is widely acknowledged as the leading authority on business immigration matters here for the last 24 years.
FDH
Sir i am domestic helper but my parents are there in hk dependant visa my sister bring parents to there can i claim to dependant visa because they are very old i want to help him and want to live with him
The Visa Geeza
Alas no. The fact of your wider family’s immigration status in HK has no bearing on your own FDH status.
Yulia
hi sir I’m just legally married to hk residents how about my working contract as domestic helper is the contract still valid or not because my husband now applying dependant visa for me thanks for your answer sir
The Visa Geeza
There’s 2 issues here:
1 – you have a contractual obligation under your FDH visa which you need to comply with irrespective of the fact of your marriage. The mere fact that you have gotten married and have applied for a dependant visa doesnt change your obligation under FDH contract to your employer.
2 – you will have to relinquish your FDH visa by leaving HK after FDH contract termination and then re-enter HK to activare your dependant visa.
I wouldnt take any action until your dependant visa is approved.
Paul
Hello,
If my Philippines girlfriend come to hk with visitors visa, and we gotten marry, also she give birth to a baby in hk… is it possible to ask immigration let her continue to stay in hk to rise our children? also to start the dependent Visa process (i am permanent resident)
The Visa Geeza
Apply for a dependant visa for her. If approved she will bcome a resident of Hong Kong. That she gave birth to your child and remains a visitor does not allow the ability to live in Hong Kong to raise the child under that visitor status.
KDV
Hello there,
My fiancée was originally a domestic helper who overstayed at my request out of fear of losing her
(I later discovered was a mistake on my part and a very stupid idea)
We voluntarily approached immigration to surrender which they accepted and granted her an extension of stay for roughly a year under recognisance
Soon after we registered for marriage and will hopefully be happily wed on 22/2/2023,
Right after we are married we intend to immediately apply for her dependant visa to remain here in HK with me
My questions are these:
1) During the visa application we are notified that she may need to leave to her country for 4~6 weeks whilst the application is under process, is there any way I can keep her here with me and avoid / minimise her time out of Hong Kong?
2) After checking the requirements I check all markers, however in terms of employment – I am considering switching jobs at the moment, however I fear such an action may affect the visa process
Would it cause any issue if I changed employment?
The Visa Geeza
1) During the visa application we are notified that she may need to leave to her country for 4~6 weeks whilst the application is under process, is there any way I can keep her here with me and avoid / minimise her time out of Hong Kong?
I doubt it. The overstay is BIG problem. The release on Recognizance shouldn’t be considered an ‘extension’ per se. It’s the time ImmD need to complete investigations prior to a potential prosection – and they don’t want her absconding not to face any trial. Normal protocol is for dependant visa holders to be away from HK when the applcation is pending (they call folks who want to stay on-shore waiting for approval “queue jumpers’.
2) After checking the requirements I check all markers, however in terms of employment – I am considering switching jobs at the moment, however I fear such an action may affect the visa process Would it cause any issue if I changed employment?
No – as long as the income is still sufficient to qualify as her sponsor.
jessa
Hi, I’m an domestic helper in hk.just want to ask if it is legally to live with my husband after we get married and not live,with my employer ? thanks
The Visa Geeza
No, I’m afraid not.
Vanessa
Hi sir im a domestic helper .I want to ask is it possible that after the bow marriage I apply right away my defendant Visa in immigration?my marriage day will be March 29,2022 but my employer will cut my Visa on April 11.is it possible to stay in hongkong while waiting for the approval of my defendant visa even my Visa will be until april 11,2022?thank u for ur response.
The Visa Geeza
You need to approach ImmD and ask them at the time your FDH visa ends and your depedant visa application is ready for submission.
Anna
Hi can i ask i planing to break my contract for my emplyer and my husband planing to apply me for dependant visa is it possible that the immigration give me a extension of stay after finish my 2 weeks of stay.. to wait for my dependant visa thank you so much
The Visa Geeza
Likely no.
Jeffrey Mariano
Sir, my friend ask me, can he get a Dependant visa for his wife? He was also a Dependant in H.K. His wife is a Foreign Domestic Helper. They’re married in H.K.
The Visa Geeza
No. A DV holder cannot sponsor a DV.
Mrs Ali
Is it possible to apply domestic helper visa together with child?
Or is there any way that domestic helper can bring along her child in HK. In the case employee is agree to sponser visa to both (helper & her child). How about immigration any possibility?
The Visa Geeza
Unfortunately not. Dependant visas cannot be sponsored by FDH visa holders
The Visa Geeza recently posted..Is It Possible to Change Employment Visa Sponsorship Where the New Employer Has Not Yet Established a Business Operation in Hong Kong?
UFK
Hi i am domestic helper visa my wife just apply dependent visa but i want to know she is start the work and just apply my visa for job latter because her sallery bank statement will come after 1 month
The Visa Geeza
You can apply at any time – ImmD will ask for many documents and will take their time, including getting to the bottom of her ability to fund you. if she only has one month of recent income they may put your case on hold for 2-3 months more to be satisfied that the income is sustainable.