The domestic worker visa was first introduced in 2002 for non-EEA Nationals. ‘Domestic worker’ was not concretely defined within the Immigration Rules but was typically used by nannies, au pairs, cleaners, chauffeurs, cooks, personal carers and protection staff. This route was then bought to an end and only those that entered before April 2012 were able to continue extending or apply for settlement, no new applications can be made.
The government has confirmed that the domestic worker route will reopen from 01 January 2021 for EEA Nationals only. The legal framework for this route can be found in Paragraphs 159A-K of Part 5 of the immigration rules.
The core requirements for a domestic worker visa are;
If the above criteria are not met, then the application is not likely to succeed. The above are core requirements and if they cannot be met, the application is not likely succeed. If, however the applicant can satisfy the above requirements, there are additional requirements that then need to be met and considered;
The employer must provide a letter to confirm the above along with other documents covering the same period of employment for the domestic worker applicant to succeed.
Upon grant of the domestic worker visa, the applicant must intend to work for their employer whilst in the UK and leave the UK after the 6 months or with their employer whichever is sooner. The applicant must:
The employer will have a duty to ensure that the domestic worker is paid in accordance with the National Minimum Wage Act 1998, and any regulations made under that act.
A domestic worker visa can only be extended if the person was initially granted permission to stay for less than 6 months, otherwise they have to leave the UK and make a fresh application.
It is important to note that this route does not lead to indefinite leave to remain or ILR, unless the applicant is in the UK as per rules pre 2012.
The locally-based lawyers at The Sethi Partnership Solicitors have been providing specialist legal advice for a diverse range of clients since 1994. Whatever your circumstances, speak to one of our trusted solicitors today to discuss your case.