Is It Ever Possible To Swap A Foreign Domestic Helper Visa Into A Regular Employment Visa In Hong Kong?
Posted by The Visa Geeza / in Employment Visas, Feature Article, Your Question Answered / 31 responses
Can you swap a Foreign Domestic Helper visa into a Regular employment visa? This is a reasonable question that has an obvious answer although not for the reasons you might typically expect. In 20 years of practising Hong Kong visa and immigration consultancy, the only successful change of status application from FDH to residence visa that I have ever experienced, naturally enough, is from FDH to dependant visa where there has been a legal marriage.
QUESTION
“I have an Indonesian furniture retail and design store in Aberdeen. I was wondering if I could apply for a work visa for an existing domestic helper to come and work in my business. My shop is specialized in Indonesian furniture, both standard design and also bespoke.
She is Indonesian and has immense knowledge and skills in this field, having been educated to Bachelor level in design and with 7 years of experience working for a producer in Bali. Our store is an interactive and educative shop where we educate the local community on design possibilities and ways to get excellent value for money in buying furniture from Indonesia.
I have advertised locally extensively for a shop assistant but no great response. I got only one response and have had to hire her despite the person not being qualified. It has been very hard to recruit.
This FDH is good and has good qualifications. Is it possible to apply for a work visa for my business?”
ANSWER
This question actually comes up more often than you might imagine, and unfortunately the answer is – it’s not possible to convert from a foreign domestic helper visa through to an employment visa issued under the General Employment Policy. You see, the problem really is twofold. Firstly, it is now impossible to secure employment visa permissions for any kind of retail sales position in Hong Kong simply because, let’s face it, Hong Kong is driven by primarily a Chinese population and the retail industry as such is serviced primarily by a Chinese population.
So, in principle, in our experience it’s been very difficult to persuade the Immigration Department of the merits of issuing an employment visa under the General Employment Policy for any kind of retail position. So that’s problem number one. Problem number two actually drives to the heart of the foreign domestic help visa permissions that your helper is holding.
You see, in securing the foreign domestic helper visa initially, she had to satisfy, believe it or not, the Immigration Department that she was kind of qualified to be a foreign domestic helper. And so the profile which the Immigration Department has on her is in relation to providing domestic duties.
So now if you were to go back to the Immigration Department and argue that, notwithstanding, she is actually incredibly experienced in the design and the display of retail furniture in an Indonesian context, the Immigration Department, I think, would be loathe to buy into that anticipating that there may be misrepresentations either on the case of the foreign domestic helper visa application, or in fact on this application where you’re now stating that she is qualified to undertake this retail job.
I think thirdly, the problem is that retail jobs typically don’t command the kind of salaries that the Immigration Department expects to see for probability purposes under the General Employment Policy. So even if the first two challenges could be overcome, you’d still be looking at paying this lady in the region of HKD200,000 a month for the work that she’s doing for you. Whilst that might be possible, I suspect you’re going to probably struggle tremendously under the first two challenges that we’ve already discussed.
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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.
Mary
Hi, im an ambitious fdh. I save up majority of my salary, and after 6years i wanted to buy a business shares. Do i have any future problem about this, being a fdh visa holder and business share holder that is up for registration for legality.
The Visa Geeza
You can own shares in a business whilst holding FDH status but you cannot be an officer of the company nor undertake any work for the company.
Lost and found
I previously work as DH in hk now back home I found a skilled job adds in Hong Kong that fits my experience and newly acquired certificate and qualifications, can apply for that job or is it going to be the problem that I once worked as a DH?
The Visa Geeza
You can apply and see how you go. It’s not an automatic barrier to an employment visa under GEP.
Mk
My status is fdh
And i want to apply for bachelor’s degree
If i cancel my contract can i apply for student visa in hong kong? To continue my studies
The Visa Geeza
I would apply for a student visa before cancelling your FDH contract.
Precious
Hi, am a domestic helper, can I study here for my master’s even though it’s an online course to change to student visa??
Also what If after my contract I go back to my contract to apply as a student to get a student visa, I love the education system here and would want to do my masters
The Visa Geeza
You cant get a student visa for an online course. You can apply for a student visa at anytime.
JLM
Hi, Im working on FDH visa in Hong Kong. But I plan to study full-time Master’s degree in a public university here. Is that possible? Also, once I graduated, can I get the IANG visa like “normal” non-local graduates? Or will I be denied this because of my past as FDH?? Thanks a lot
The Visa Geeza
If you can get a student visa then once you graduate you can qualify for IANG. You previous status as an FDH is neither here nor there.
Chel
Hi I’m working here in hk as FDH and I’m getting married to Hong Kong resident guy this coming May 11. I am planning to cut my FDH Visa after the wedding or while processing my dependant visa. I want to ask if is it possible If I move in to my husband while waiting my dependent visa issued or should I really need to exit after cut my FDH visa?
The Visa Geeza
You need to check with ImmD directly. We’re not very familair with FDH visas I’m afraid (it’s why there’s no FDH content on our website).
JQT
Hi. There’s a company who wants to hire me in the future and offered sponsorship but the thing is i am currently holding a visa as a domestic helper? Is there any way to clear my records as domestic helper in the immigration? Thank you
The Visa Geeza
This is an almost impossible visa swap to undertake. From an ImmD perspective you can’t be a FDH one day and a Professional the next ….
JL
I am a fdh in hk and I have hk resident boyfriend where planning to do bussiness here can I swap my visa to be a bussiness visa here? Thanks for ur reply
The Visa Geeza
No, sorry.
Emma
Hello, I’m a domestic helper in Hong Kong. My contract ends this month, but I’ve already found new work. Is it possible for my FDH visa to be changed to a normal employment visa? My new employer wants to recruit me.
The Visa Geeza
No, sorry to say, this is essentially impossible.
Jamela
Good day Geeza I’m a fdh I’m a second wife of My husband is a Pakistani but he is a hk resident and his first wife in Pakistan my main question is he had a Indian shop what kind of visa we can apply so I can work his shop thank you God bless us
The Visa Geeza
Sorry to say, none.
MC
hi im a domestic helper here ,I just want to ask if I can change my Visa as working visa in the company . my contract will end on July .I go to school here and get certificates. can I apply to be as regular worker that related to my schooling and to change my status from helper to a regular employment visa as a worker..please u need some opinion and advise..thank you
The Visa Geeza
This is not practical. Once you declare your status as a FDH in order to secure a FDH visa, then it is very hard to subsequently denote that you’re a Professional as required for a general employment visa
Jimmy
Hey There Sir
i am Brazilian visitor living in HK about 1 Month i have my philippines girlfriend she is working as domestic helper can we marry here in Hk.thank you
The Visa Geeza
You can marry but no immigration privileges will flow.
TMA
Hi IAM domestic helper in hongkong next month my contract is finish but I find already new employer is it possible fdh visa can change to regular employment Visa my new employer they want to hire me
The Visa Geeza
Impossible. Sorry.