06 Dec Domestic worker visa
A domestic worker visa allows both non-EEA national and EEA nationals (as of 1 January 2021) to accompany their employer to the UK. Although the Immigration Rules do not specifically define ‘domestic worker,’ it usually involves occupations such as nannies, cleaners, chauffeurs, cooks, au pairs, and security staff.
Prior to April 2012, domestic workers were able to apply for an extension of their visa and eventually settlement. However, as this visa route was subject to abuse, applicants are now only able to visit the UK with their employer for a period of up 6 months. Their employer must be a British or European Economic Area (EEA) national who usually lives outside the UK and who does not intend to relocate or remain in the UK for more than six months. Alternatively, they can be a foreign national coming to the UK on a visit and who does not intend to settle in the UK.
An applicant must meet the following requirements:
- Be aged 19 or older
- Have worked for their employer for a period of at least 12 months
- Work in the same household as their employer or one they use regularly
- Travel to the UK in the company of the employer and/or the employer’s partner or children
- Intend to work as a full-time domestic worker in a UK household their employer will live in
- Be able to support themselves whilst in the UK without recourse to public funds
- Be paid the national minimum wage whilst in the UK
As part of the supporting documents, applicants will need to provide evidence of their employment for the last 12-month period. This can be in the form of payslips, bank statements or tax payment confirmations. The employer’s bank statements can be included to demonstrate that they have sufficient funds to pay and support the prospective employee whilst they are in the UK so that they will not be subject to public funds.
It is also important to provide a signed employment contract confirming that the employer will pay the employee in accordance with the national minimum wage as well as set out the terms and conditions of their employment.
We would be happy to provide you with case specific advice, please call us on 02033843075