Terminated? No need to go home asap, as Labour Sec allows visa extension for FDH

L:abour and Welfare Sec. Law Chi-Kwong at the March 21 presscon

Due to travel restrictions and compulsory quarantine arrangements introduced to curb the novel coronavirus disease (COVID-19) outbreak,  the Labour Department in Hong Kong said on March 21 that foreign domestic helpers (FDH) need not go back to their countries immediately – or within 14 days, as stipulated under the law – when their respective contracts expire on or before July 31,2020.

They can instead apply for an extension of visa for a month, where they can continue to stay in Hong Kong as visitors and look for new employers.

“In view of the special circumstances arising from the COVID-19 pandemic, which might affect the arrival and departure of FDHs from/to their place of origin, the Immigration Department (ImmD) will flexibly consider applications from FDHs to extend their stay in Hong Kong as visitors for the purpose of finding a new employer in Hong Kong if their existing contract is due to expire or is terminated on or before July 31, 2020.  The FDH concerned may apply to ImmD for an extension of stay as a visitor for a maximum period of one month in Hong Kong, if he/she is unable to return to his/her place of origin due to the pandemic in his/her place of origin and/or international travel restrictions arising from the pandemic.  ImmD will exercise discretion depending on individual case merits under the special circumstances arising from the pandemic,” the Labour Department said.

Labour and Welfare Sec. Law Chi-Kwong added in a press conference that for those who have already renewed their contracts, they can apply at the Immigration Department for the postponement or deferment of their home leave for six months.

“First of all, when FDHs  have renewed their contract, they can postpone their return home arrangements and it can be extended to six months. Those on current contracts can also apply for postponement,” he said.

The Labour Department said the same applies for those who have entered into contracts with a new employer.

“In addition, under the existing mechanism, an FDH on a renewed contract with the same employer, or due to start a new contract with a new employer upon the expiry of an existing contract may apply to ImmD for deferring home leave for no more than one year after the existing contract ends, subject to agreement of his/her employer or new employer.  Owing to the situation of the COVID-19 pandemic, an FDH may apply to ImmD for further extension of limit of stay if he/she is unable to return to his/her place of origin for home leave within his/her extended limit of stay.  ImmD will, on individual case merits, exercise discretion to grant him/her an extension to further defer the home leave for not more than six months.  Arrangements should be made for the FDH to return to his/her place of origin for vacation within the extended period, and to use his/her entry visa (with a validity in line with the extension of stay granted) upon his/her return to Hong Kong for completion of the contract.”

He said that on average, 550 foreign domestic helpers arrive on Hong Kong everyday, 100 of which are on new contracts.  In the next 14 days, Law said they expect the arrival of 7,700 foreign domestic workers.

Law said they introduced such flexibility for visa extension “to reduce inbound visitors and to address the needs of families” in the special administrative region.