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IMMIGRATION


NB: This is the out-of-date version of the website. This page is not being updated.
To see the new version, please follow the link:www.lawfirmuk.net/Immigration




Domestic Workers (Private Households)
1. Introduction

Visitors and persons with other immigration categories can bring domestic workers along with them, for the duration of their stay in the UK. There are certain rules and regulations that need to be complied with to make a successful entry clearance application. The domestic workers also need to take care of the do`s and donts which are relevant to their immigration status.

2. Who can employ an overseas domestic worker?

Only visitors and persons coming on a long-term category can bring a domestic worker along with them to the United Kingdom.

3. Who you can bring as a Domestic Worker?

One has to take note of the following points that are relevant to the immigration rules in relation to Domestic Worker:

  • The person must be between the age of 18 and 65 years.
  • The person must have already worked for his existing employer for at least one year or more immediately prior to application for entry clearance in the employer's house, in the same capacity.
  • The person intends to travel to the United Kingdom in the company of his employer, his employer's spouse or his employer's minor child.
  • The person intends to work full time as a domestic worker under the same roof as his employer or in a household that the employer uses for himself on a regular basis and where there is evidence that there is a connection between employer and employee.
  • The person does not intend to take employment except within the terms of this paragraph.
  • The person can maintain and accommodate himself adequately without recourse to public funds.

4. What Documents to Submit?

The applicant needs to furnish following documents in order to facilitate entry clearance application for this capacity:

  • Bank Statements of the employer
  • Employer's source of income (established business overseas / employment overseas / employment in the UK etc.)
  • Proof of the fact that the applicant has been working in the same capacity for at least 12 months or more in the household of the employer. (Employment Contract, any wage slips or any other documentary evidence.
  • Air Tickets as a proof that the applicant would be travelling with his employer or employer's spouse or employer's minor child.
  • Employment contract (or statement of terms and conditions) for the employment in the UK
  • An undertaking from the employer that he would be responsible for the maintenance and accommodation of the applicant during his stay in the UK.

This is not an exhaustive list and the British Diplomatic post may need to ask for further information.

5. Duration of Visa

A domestic worker can be given leave to remain either for 6 months or for more than 6 months up to a maximum of 12 months.

  • If the employer is coming to the UK as a visitor, the British Diplomatic post will normally give permission to stay for up to six months.
  • If the employer has plans to live here longer than 6 months, the British Diplomatic post will give permission to stay for up to 12 months.

6. Work Allowed

Domestic workers can only work in a household of his employer and not anywhere else.

7. What is not allowed?

Domestic workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner or do any other job apart from the one permitted under this immigration category.

8. Important points to note

There are some important points to note in relation to rules and regulations for a domestic worker:

  • The domestic workers can stay till the expiry of their leave to remain regardless of the fact that they are on job or not.
  • The domestic worker should either come to the UK with his employer or employer`s spouse or employer`s minor child or must have a letter containing the reason of his travelling alone.
  • Entry clearance is mandatory; one cannot switch to this immigration category while remaining within the UK on another category.

9. Change of employment

A domestic worker can always change his employer and work for any other employer provided the new employment also fulfils the requirements of the Domestic worker. There is no need to seek new permission but it is necessary to inform the Home Office regarding the new employment for updating of their records. The domestic worker must write to the Home Office along with following information:

  • Full Name and Date of Birth
  • Place of the Issuance of first entry clearance
  • Details of the Original and New Employer
  • The reason of changing employments

10. Extension of Leave to remain

Before the expiry of the first leave to enter (Max. 6 weeks before), a domestic worker can apply for an extension of his stay in the UK using the appropriate form. He needs to provide following documents in support of his extension application:

  • Original Passport;
  • A letter from the employer confirming that he or she wishes to continue to employ the applicant;
  • A letter from the employer outlining the main conditions of the employment, including details of the duties and responsibilities, rate of pay and hours of work; this documents must be signed by both the parties;
  • A letter from the employer confirming that he / she will comply with the United Kingdom law on the national minimum wage;
  • Evidence that the applicant can support and accommodate himself without help from public funds.

The application for an extension must be sent before the permission to stay ends and up to six weeks before the domestic worker permission to stay ends. The maximum extension that can be sought in this case is for a period of 12 months.

11. Spouse / Children

Domestic workers can invite their spouse / children to join them as their dependants during the time of their employment provided they could support their families without recourse to public funds.

12. Switching Rules

Since 01st of October 2004, there have been some major changes in the switching rules. Domestic workers can only switch into following Immigration Categories without leaving the UK provided they qualify for the specific category:

  • Spouse visa (Provided the applicant has been issued visa / leave to remain for more than 6 months initially and he has got more than 3 months of his current leave to remain).
  • Religious Minister (Provided the applicant has remained for more than 12 months in his immigration category and qualifies to apply for this status).

13. Settlement Prospects

Domestic workers who have remained in the UK for 5 years can apply for an indefinite leave to remain in the UK provided they have continuously met all the requirements of the domestic workers during the 5 years of their employment with his employer / employers.

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