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What happens to a domestic helper's visa when the contract is terminated?

By Monica Chan

Quick Answer

When a helper's contract ends, the helper's visa is no longer valid for that employer. The helper must leave Hong Kong within two weeks of termination — or before their visa expires, whichever is sooner. Remaining beyond this point is a criminal offence, with penalties of up to HK$50,000 and two years' imprisonment.

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Overview

A helper's visa is tied to a specific employer. Once the employment relationship ends, the helper has a strictly limited time to leave Hong Kong — regardless of whether the termination was voluntary, by mutual agreement, or unilateral.

Timeline After Termination

  • Both parties notify ImmD within 7 days of termination using Form ID407E
  • Helper has 2 weeks from the termination date to leave Hong Kong (or before visa expiry, whichever is sooner)
  • After departure, the helper may apply for a new visa from their home country to work for a new employer in Hong Kong

Overstaying: Consequences

Remaining in Hong Kong beyond the permitted period is a criminal offence:

  • Helper: Fine up to HK$50,000 and up to 2 years' imprisonment
  • Employer (if complicit): Prosecution for aiding and abetting a breach of conditions of stay

Can the Helper Change Employers Without Leaving?

A local transfer — staying in Hong Kong to work for a new employer — is generally only available where:

  • The contract was completed (full two-year term), not terminated early; or
  • Exceptional circumstances apply: the employer's death, emigration, or financial hardship, or documented abuse by the previous employer

Applications for exceptional circumstances are made directly to the Immigration Department.

What Happens to a Partially-Completed Visa?

If the visa was issued for 2 years and the contract ends at, say, 18 months, the remaining visa validity is no longer usable for that employer. A new visa linked to a new employer is required.

Important Notes

  • Only the Immigration Department can extend a helper's right to remain in Hong Kong — an employer cannot do this
  • Form ID407E should be submitted promptly — delays can complicate the helper's departure timeline
  • If the helper is unwell or cannot travel immediately, they should contact the ImmD directly to discuss their situation
  • For the full termination process and all payment obligations, see how to terminate a helper's contract
  • For details on the two-week departure requirement, see the two-week rule

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This article is general information about employing a domestic helper in Hong Kong. It is not legal, immigration or professional advice, and the rules do change. For your own situation, check the official sources below or talk to us.

Labour DepartmentImmigration DepartmentFull disclaimer