The Home Office recognises that domestic workers should be allowed to accompany their employers on visits to the UK. The Immigration route for overseas domestic workers can be found in Appendix Domestic Overseas Worker in the Immigration Rules. The Domestic Overseas Worker visa allows domestic workers come to the UK for a maximum of 6 months to work for their current employer.
Requirements for Domestic Visa Applicants
The Overseas Domestic Overseas Worker route requires applicants to satisfy several requirements in order to be successful and these are stated below:
- Applicants must be outside the UK on the date their applications are submitted to the Home Office.
- Applicants must also have paid their application fees and provided their biometric as well as provided their passports or permitted travel documents confirming their identity and nationality.
- Applicants must not currently be in breach of any of the Immigration Rules.
- Applicants must be 19 years or older on the date they submit their visa application.
- Applicants should have been working for their employer for at least 12 months on the date when their application is submitted.
- Their employer must provide a letter confirming their employment its duration and confirmation that their employment is ongoing.
- Applicants should be able to provide one or more of the documents below:(i) Payslips or bank statements
(ii) Confirmation of Tax Paid(iii) Confirmation of Health Insurance paid
(iv) A contract of employment
(v) Work visa, resident permit or similar passport endorsement from the country where they are employed as a domestic worker by their employer
(vi) A visa or equivalent passport endorsement confirming that the applicant has travelled with their employer
- The applicant must be able to provide written confirmation that they have agreed the terms and conditions of their employment in the UK with their employer. Further, this must be set out in such a way that it complies with Appendix Domestic Worker Statement.
- The UK Visas and Immigration (UKVI) official reviewing their application must be satisfied that the applicant’s employer intends to pay the applicant at least the National Minimum Wage for the duration of the applicant’s stay in the UK.
- The UKVI official reviewing the applicant’s application must be satisfied that the applicant intends to work for their employer when that employer is in the UK.
- The UKVI official reviewing the applicant’s application must be satisfied that the applicant’s employer will travel with their British employer, or their partner, or child under 18 and that they do not intend to stay in the UK for more than 6 months during their visit here.
- Where the applicant’s employer is not a British citizen, the UKVI official reviewing the applicant’s application must be satisfied that the applicant’s employer has a visitor’s visa and that the applicant will be travelling with their employer, or their partner, or child under 18 and that they do not intend to stay in the UK for more than 6 months during their visit here.
- That the applicant’s employer does not intend to enter the UK under rules that allows visitor visa holders to study in the UK.
- The UKVI Official reviewing the applicant’s application must be satisfied that the applicant will leave the UK at the end of 6 months or at the same time as the applicant’s employer, whichever is sooner.
Additional Requirements
In addition to the above requirements there are a few other requirements that Overseas Domestic Workers must satisfy. The UKVI official must be satisfied of the following:
- That the Applicant does not intend to stay in the UK for extended periods of time or through successive visits.
- That the Applicant will not make the UK their main home.
- That the Applicant must be able to demonstrate that they can adequately maintain and accommodate themselves without relying on public funds during their stay in the UK.
- As with all applications, applicants are advised to always seek legal advice before submitting any application to the Home Office.
DMH Stallard have experienced business immigration solicitors who can assist you with any queries you have on visa applications. Contact us today by email or call on +44 (0)20 7822 1636.