Paperwork timing for change of employer

J

jenayds

Registered User
My helper has given me one month's notice and so I am currently looking for a new helper. We are one week into the notice period. I have an interview tomorrow with someone who sounds perfect. I have questions about what I can do if I want to sign her on the spot tomorrow!

1) Can I notify Immigration in advance of my current helper's termination date? They say you need to notify within 7 days, but can I notify 3 weeks early, clearly stating the termination date?

2) The new helper is being released because her employers are moving overseas. Assuming she has a release letter stating her release date, can we submit new contracts to consulates/immigration etc before the actual release date?

Ideally I would like her to start with us immediately upon her termination date from her other employer, and then take her home leave two weeks later when my family are also going away. She can't start with us before her new visa is approved, but I'm not clear on whether I can do all this paperwork processing in advance of the termination dates.

Any advice gratefully received!
 
Not sure about the official paperwork but u could ask your new helper to start working with u as soon as she finishes with her ex-employer......this would not be "legal" per se but loads of people do it and you can start giviing her her salary with immediate effect.
 
you can apply and process a new DH contract through immigration even when the first one who is working the notice and is still around as long as you are clear about the dates. just put down it is a replacement and give the termination date even if it hasn't happened yet.

As your new DH has a valid reason (employer leaving HK) to stay in HK whilst she is waiting for the visa then as mushi says, can help you out 'unofficially' after her employment ends until she gets visa.

The processing usually takes 6 weeks when they go home but as the new DH doesn't have to, you might get lucky and get it processed in less (I have had it done in just under 4 weeks before).
 
Thanks. I rang Immigration and asked them what to do and they said:

1) Can I notify Immigration in advance of my current helper's termination date? Yes, it's no problem to notify earlier, you just have to do it sometime before 7 days after their termination date. Fax to 21579181.

2) Can we submit new contracts to consulates/immigration etc before the actual release date? Yes, within four weeks before the release date.

I forgot to ask about timing (how long it takes to process) but I have heard that if the previous employer is leaving HK for good, Immigration can process the new visa in HK within 14 days. Is that true?

They said in this situation we both have to go into Immigration together with the usual forms, submit them and get an ID 522 form back, along with the other forms. Then we take all of the forms to the Philippine consulate and get their notarization, and then take them back to Immigration for the proper processing. I am not sure about how long all these steps take.
 
Jenayds, I am assuming by now you would have processed your helper's visa so could please let me know what the process was and how much time did it take the immigration to process her visa? I am going to apply for visa for a helper who is already in HK next week. Thanks!!!
 
Hi geomum. It actually turned out to be a tedious process and the timing was very inconvenient for us.

We went in together to get the ID522 form, but instead of giving us the form they gave my helper an appointment date THREE WEEKS later to go back and have another interview to get the form. When I mentioned the 14 day thing they looked shocked and said no, no, that's not possible. They kept going on about how it was "an exceptional case" for her to process in HK and not go back home first. This was ridiculous as her employers had left the country, which happens all the time - hardly 'exceptional'. I really got the sense that if I hadn't been there with her personally they would have given her a really hard time and been very rude.

She went back three weeks later, got the ID522 and then put the forms in to the consulate. A week later she got the forms back from them and submitted again to Immigration and got the visa the same day. So four weeks all up - not a lot faster than if they go home before starting as usual.

Hope your process is faster - I'd be interested to hear what it turns out to be!
 
Thanks Jenayds. I went with the helper we are going to hire to immigration today. Got a real surprise when the officer saw her passport and said her visa expired 4 days ago i.e. 13th Aug. So we got her visa renewed first and then went on to give in the application for change of employer. They have told the helper to come after 3 weeks for interview. Hope they give her extension on current visa so that she can stay in HK and wait for her new visa. Should not be a problem since her current employer is relocating to Australia. The process wasn't tedious but definitely time consuming (Which might have been because it took 2 hours to just get the expired visa thing sorted).
BUT I did manage to save 3000$ which is the average fee an agent would charge to submit the papers, so very proud of myself right now :)
What is ID522? The officer didn't mention anything about this.
 
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