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 / 18 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
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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.
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.