New Content Daily Sign Up Here

Your Questions Answered

How Can I Convert My Foreign Domestic Helper Visa to a Dependant Visa After Marriage to a Hong Kong Permanent Resident?

March 3rd, 2018

Posted by / 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?

SMALL-keep-calm-and-ask-the-visa-geeza

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

More Stuff You May Find Useful or Interesting

Are there any realistic long term visa options for FDH’s in Hong Kong seeking to remain here with their boyfriends?

Can children born in Hong Kong to foreign domestic helpers get dependant visas?

Right of Abode for foreign domestic helpers in Hong Kong – it was all so inevitable really

How can my fiance transition from a foreign domestic helper visa to a dependant visa with 6-12 months to go before we get married?

Is it ever possible to convert a foreign domestic helper visa to an employment visa in Hong Kong?

PODCAST ANSWER

Play

VISIT OUR PROFESSIONAL PRACTICE or VISIT OUR FREE D-I-Y VISA GUIDE

Please select the social network you want to share this page with:

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.

YOU MIGHT LIKE...
RESPONSES
  • FDH

    12 Jan 2024 am31 8:18am
    01

    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

      15 Jan 2024 pm31 12:16pm
      02

      Alas no. The fact of your wider family’s immigration status in HK has no bearing on your own FDH status.

  • Yulia

    28 Jun 2023 am30 7:40am
    03

    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

      30 Jun 2023 am30 11:02am
      04

      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

    22 Mar 2023 pm31 9:19pm
    05

    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

      26 Mar 2023 pm31 1:24pm
      06

      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

    1 Feb 2023 pm28 7:27pm
    07

    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

      4 Feb 2023 am28 8:17am
      08

      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

    21 Nov 2022 pm30 1:22pm
    09

    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

      23 Nov 2022 pm30 2:46pm
      10

      No, I’m afraid not.

  • Vanessa

    18 Mar 2022 pm31 9:32pm
    11

    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

      19 Mar 2022 am31 11:34am
      12

      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

    6 Nov 2021 pm30 1:22pm
    13

    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

      6 Dec 2021 am31 9:37am
      14

      Likely no.

  • Jeffrey Mariano

    20 Apr 2020 pm30 8:34pm
    15

    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

      22 Apr 2020 am30 11:01am
      16

      No. A DV holder cannot sponsor a DV.

  • Mrs Ali

    28 Aug 2014 pm31 8:24pm
    17

    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

      28 Aug 2014 pm31 11:58pm
      18

      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?My Profile

    • UFK

      4 May 2021 pm31 6:39pm
      19

      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

        14 May 2021 pm31 12:20pm
        20

        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.

HAVE YOUR SAY

CommentLuv badge