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UK Domestic Worker Visa Guidance

This document provides guidance to Home Office staff on applications for leave to remain in the UK as a domestic worker in a private household. It outlines the eligibility criteria, evidence required, and rules around extensions, changing employers, settlement, and dependents. Recent changes to the rules in 2012, 2016, and 2016 are also noted. The document provides context on domestic workers and modern slavery, and notes a pilot interview program for certain after-entry applications in this category.

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0% found this document useful (0 votes)
237 views48 pages

UK Domestic Worker Visa Guidance

This document provides guidance to Home Office staff on applications for leave to remain in the UK as a domestic worker in a private household. It outlines the eligibility criteria, evidence required, and rules around extensions, changing employers, settlement, and dependents. Recent changes to the rules in 2012, 2016, and 2016 are also noted. The document provides context on domestic workers and modern slavery, and notes a pilot interview program for certain after-entry applications in this category.

Uploaded by

Navneeta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Domestic workers in private households

This guidance is based on the Immigration Rules.

Page 1 of 48 Domestic workers in private households–v17.0 Published for Home Office staff on 24
March 2017
Domestic workers in private households

About this guidance


Key facts This guidance tells you how to consider applications for Related links
Domestic worker leave in the domestic workers in private households Links to staff
qualifying criteria category under paragraphs 159A-159H of the Immigration intranet removed
Evidence required Rules.
from the applicant See also
Extension This guidance is based on the Immigration Rules. See Changes to this
requirements related link for the Immigration Rules. guidance
Compliance with
UK employment This route allows entry for domestic workers currently Contact
laws employed by a person overseas to accompany their
Human trafficking employer into the UK, for the purpose of domestic work. Information owner
Granting or
refusing The route for overseas domestic workers in private External links
Changing households was introduced into the Immigration Rules on Immigration Rules
employer 18 September 2002, having previously existed as a paragraphs 159A
Settlement concession outside of the Immigration Rules. Under these – 159H
Dependants rules, established domestic workers could:

 accompany their employer to the UK and receive


leave for a maximum of 12 months at a time
 change employers in the UK provided they continued
to be employed as a domestic worker and meet the
other requirements of the route
 become eligible to apply for indefinite leave to
remain when they had completed 5 years continuous
lawful residence

Changes to the Immigration Rules 6 April 2012 and 6


April 2016
Changes made to the Immigration Rules on 6 April 2012
limit entry in this capacity to established domestic workers
who accompany their employer visiting the UK. Changes
to the Immigration Rules coming into effect on 6 April
remove the restriction on workers admitted in this
category changing employers, and they do not need to
make an application in order to do so.

Domestic workers applying to enter on or after 6 April


2012 are limited to a maximum 6 months in the UK.

Those who entered before 6 April 2012:

 can still extend their leave


 are eligible for indefinite leave to remain (ILR) after
they have completed 5 years, providing they meet
the full requirements of the rules when they apply

Page 2 of 48 Domestic workers in private households–v17.0 Published for Home Office staff on 24
March 2017
Changes to the Immigration Rules 24 November 2016
Changes to the Immigration Rules which came into force
on 24 November 2016 removed the upper age limit
applied to applicants this category, and defined full-time
work for the purposes of extension applications under the
rules applied to domestic workers under the pre-April
2012 rules.

The Immigration (Variation of Leave) Order 2016


The above Order came into force on 6 October and has
the effect of automatically extending the leave, and the
permission to work, of a person admitted as an overseas
domestic worker in a private household if, before their
original grant of leave expires, they are the subject of a
positive reasonable grounds decision under the National
Referral Mechanism (NRM). Their leave will continue until
28 days following date on which they are the subject of a
conclusive grounds decision under the NRM.

Domestic workers and modern slavery


Those who are admitted as an overseas domestic worker
and are found to be the victim of slavery or human
trafficking can apply for an extension of stay on that basis.
There is also guidance on the circumstances in which
enforcement action should be taken in respect of a person
admitted as an overseas domestic worker and who is a
potential victim of slavery or human trafficking. See
guidance on victims of modern slavery.

Interviews
From May 2016, UK Visa & Immigration (UKVI) will pilot
the interviewing of applicants who submit after-entry
applications in the overseas domestic worker in private
household category of stay.

While this pilot is ongoing, a person who submits an


application in this category of stay may be invited for
interview where an initial examination of the application
suggests that relevant requirements of the Immigration
Rules are not met (and, in particular, where there are
indications that the requirements of the rules relating to
the worker’s terms of conditions of employment are not
met).

Caseworkers must assess the application against the


Immigration Rules in the normal way, and complete the
Overseas Domestic Worker Indicator cover sheet in
respect of the application. The Overseas Domestic
Worker Indicator cover sheet can be found in the
Temporary Migration shared drive through the overseas
domestic worker (ODW) folder. If one or more of the
interview indicators is hit, an ‘ODW Pilot Special
Page 3 of 48 Domestic workers in private households–v17.0 Published for Home Office staff on 24
March 2017
Conditions Flag’ should be placed on the case and a note
placed on CID under restricted ‘Case awaiting interview’.
The case should be allocated to TMT11 which will arrange
for an interview referral to be sent to the Interview Hub
Team.

The purpose of the interview will be to establish that the


relevant requirements of the Immigration Rules are met.
If, however, during the interview the interviewer becomes
aware of information that gives rise to a concern that the
interviewee is a potential victim of slavery or human
trafficking, they should inform the individual:

 that the purpose of the interview is to assist in


assessing their overseas domestic worker (ODW)
application
 they would also like to ask some questions to
consider whether the applicant would benefit from
any other assistance
 that the interview will continue
 that they are not required to answer questions which
are aimed at determining whether they should be
offered any assistance

If the applicant’s representative objects to the line of


questioning, interviewers should:

 explain that these questions are to make sure that all


aspects of their client’s ODW application are in line
with the Immigration Rules, possibly asking why they
are objecting to the line of questioning
 ask the representative to leave to enable you to
continue with the interview if the representative
continues to object - this may be appropriate if the
applicant is looking apprehensive or nervous contact
CFI colleagues to join the interview

Interviewers should be aware that in the event that they


identify a potential victim of slavery or human trafficking,
they may need to act as a First Responder. Information on
the role of a First Responder and making a referral to the
National Referral Mechanism can be found in the Victims
of Modern Slavery: frontline staff guidance, which also
contains guidance on indicators of forced labour and
domestic servitude.

Page 4 of 48 Domestic workers in private households–v17.0 Published for Home Office staff on 24
March 2017
Key facts: Domestic workers in private households
This page shows you the key facts for Domestic workers in private households.

Entry requirements Entry requirements (for applicants who applied to enter the
UK on or after 6 April 2012)

The applicant must:

 be aged 18 years or over


 not intend to live in the UK for extended periods through
frequent or successive visits
 have been employed as a domestic worker for one year or
more immediately before the application for entry
clearance under the same roof as the employer or in a
household the employer uses for themselves on a regular
basis
 provide evidence to demonstrate the connection between
employer and employee
 provide a letter from the employer confirming the domestic
worker has been employed by them in that capacity for the
12 months immediately before the application
 provide one of the following documents covering the same
period of employment as covered in the letter above:
o pay slips or bank statements showing payment of salary
o P60 form detailing earnings, tax and national insurance
contributions paid
o confirmation of health insurance paid
o contract of employment
o work visa, residence permit or equivalent passport
endorsement for the country in which the domestic
worker was employed by that employer
o visas or equivalent passport endorsement to confirm the
domestic worker has travelled with the employer
 intend to work for the employer whilst they are in the UK
and intend to travel in the company of either:
o a British or European Economic Area (EEA) national
employer, or that employer’s British or EEA national
spouse, civil partner or child, if the employer’s usual
place of residence is outside the UK and the employer
does not intend to remain in the UK more than 6 months
o a British or EEA national employer's foreign national
spouse, civil partner or child where the employer does
not intend to remain in the UK beyond 6 months
o a foreign national employer or the employer’s spouse,
civil partner or child where the employer is seeking or
has been granted entry clearance or leave to enter
under part 2 of the Immigration Rules
 intend to leave the UK at the end of 6 months or at the
same time as the employer, whichever is the earlier
Page 5 of 48 Domestic workers in private households–v17.0 Published for Home Office staff on 24
March 2017
 have agreed in writing, terms and conditions of
employment in the UK with the employer, including
specifically, that the applicant will be paid in line with the
National Minimum Wage Act 1998, and produces evidence
of this in the form set out in appendix 7 of the Immigration
Rules with the entry clearance application
 satisfy the entry clearance or immigration officer that
throughout their time in the UK they will be paid at least the
national minimum wage rate that they are entitled to by law
 provide a statement from their employer that the work they
shall carry out in the UK does not constitute employment
under paragraph 57 of the National Minimum Wage
Regulations 2015
 not take employment other than as a domestic worker in a
private household
 maintain and accommodate themselves adequately without
recourse to public funds
 hold a valid entry clearance for entry in this capacity

Extension requirements (for applicants who applied to enter


the UK on or after 6 April 2012).

The applicant must:

 have entered the UK with valid entry clearance as a


domestic worker in a private household
 have been granted less than 6 months leave to enter in
this capacity
 have continued to be employed for the duration of leave
granted as a domestic worker in the private household of
the employer who they entered with or joined in the UK
 satisfy the Secretary of State that throughout their time in
the UK they will be paid at least the national minimum
wage rate that they are entitled to by law
 provide a statement from their employer that the work they
shall carry out in the UK does not constitute employment
under paragraph 57 of the National Minimum Wage
Regulations 2015
 continue to be needed for employment for the period of the
extension sought as a domestic worker in a private
household the employer lives in, if there is evidence of this
in the form of written terms and conditions of employment
in the UK as set out in appendix 7 and evidence the here is
living in the UK
 meet the requirements of paragraph 159A(iv) and (vii)

The applicant must not:

 intend to take employment except as a domestic worker in


the private household of their employer
 be in the UK in breach of immigration laws except any
Page 6 of 48 Domestic workers in private households–v17.0 Published for Home Office staff on 24
March 2017
period of overstaying allowed under the Immigration Rules
(further guidance here) .

Extension requirements (for applicants who applied to enter


the UK before 6 April 2012).

The applicant must:

 have entered the UK with a valid entry clearance as a


domestic worker in a private household under the rules in
place before 6 April 2012
 has continued to be employed for the duration of leave
granted as a domestic worker in a private household
 continue to be needed for employment for the period of the
extension sought for at least 30 hours per week as a
domestic worker in a private household under the same
roof as their employer or in the same household the
employer has lived in and where evidence of this in the
form of written terms and conditions of employment in the
UK as set out in appendix 7 with evidence that the
employer resides in the UK
 satisfy the Secretary of State that throughout their
continued employment they will be paid at least the
national minimum wage rate that they are entitled to by law
 provide a statement from their employer that the work they
shall carry out in the UK does not constitute employment
under paragraph 57 of the National Minimum Wage
Regulations 2015
 meet the requirements of paragraph 159A (i) and (vii)

The applicant must not:

 intend to take employment except as a full time domestic


worker in a private household
 be in the UK in breach of immigration laws except for any
period of overstaying for a period of 28 days or less which
will be disregarded

Application forms Application made outside UK – VAF2


Extension (within UK) – FLR(O)
Indefinite leave to remain – SET (O)
Cost of application: Fees for Home Office services

Entry clearance mandatory? Yes


Is biometric information Yes
required for applications
made in the UK?
Code of leave to remain Code 4
granted
Entry clearance Under rules before 6 April 2012:
endorsements
Page 7 of 48 Domestic workers in private households–v17.0 Published for Home Office staff on 24
March 2017
 DOMESTIC WORKER (OTHER) No recourse to public
funds. Duration is a maximum of 12 months
 DOMESTIC WORKER (VISITOR) No recourse to public
funds. Duration is 6 months

Under rules on or after 6 April 2016:

 MULT
VISA ODW – PRIVATE HOUSEHOLD
(name of migrant)
(passport number)
No recourse to public funds
 Leave to enter will be granted for up to 6 months

The endorsement must not specify the employer’s details.

Conditions of leave No recourse to public funds


How long is leave normally Under rules before 6 April 2012:
granted for?
Initial applications:

 up to 12 months
 up to 6 months when entering with a visitor

Extensions:

 a period not exceeding 12 months


 where the application is decided before the current leave
expires, a period not exceeding 12 months plus the time
remaining before the expiry of the current leave

Under rules on or after 6 April 2012:

 maximum period of stay 6 months or length of stay of


employer, whichever is the shorter

Are dependants allowed? Under rules before 6 April 2012: Yes

Under rules on or after 6 April 2012: No


Work and study allowed? Work permitted only as a domestic worker in a private
household. Must not intend to study.
Is switching into this category No
allowed?
Does this category lead to Under rules before 6 April 2012: Yes
settlement (indefinite leave to
remain)? Under rules on or after 6 April 2012: No
Is knowledge of language Yes for indefinite leave to remain applications
and life required?
CID case type Overseas Domestic Workers – LTR (where entry was under the
Immigration Rules before 6 April 2012)

Page 8 of 48 Domestic workers in private households–v17.0 Published for Home Office staff on 24
March 2017
Overseas Dom Wk (April 12)(Priv Household) - LTR (where
entry was under the Immigration Rules on or after 6 April 2012)
Immigration Rules 159A-159H
paragraphs

Page 9 of 48 Domestic workers in private households–v17.0 Published for Home Office staff on 24
March 2017
Domestic workers in private households

Changes to this guidance


Key facts This page lists changes to the ‘Domestic workers in private households’ guidance, with the Related links
Domestic worker most recent at the top.
qualifying criteria Contact
Evidence required from Date of the change Details of the change
the applicant 24 November 2016 Change request: Information owner
Extension requirements
Compliance with UK  change to age criteria for those admitted Link to staff intranet
employment laws under post-April 2012 rules removed
Human trafficking  change to definition of full-time work for
Granting or refusing those seeking an extension having been About this guidance
Changing employer admitted under the pre-April 2012 rules
Settlement 9 June 2016 Change request:
Dependants  granting or refusing entry clearance
o endorsement for entry clearance
issued under the rules after 6
April 2016
12 May 2016 Change request:

 About this guidance:


o new sub-heading ‘Interviews’ has been
added

6 April 2016 Change request:

 About this guidance:


o sub-heading ‘Changes to the
Immigration Rules 6 April 2012 and 6
April 2016’ has been changed
o new sub-heading Domestic Workers
and Modern Slavery has been added

Page 10 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
 references to paragraph 57 of the
National Minimum Wage Action added
throughout this guidance

For previous changes to this guidance you will


find all earlier versions in the archive. See
related link: Domestic workers in private
households - archive.

Page 11 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
Domestic workers in private households

Domestic worker qualifying criteria


Key facts This section tells you what you must check to see if an applicant meets the entry In this section
Evidence required from requirements in the domestic worker in a private household category. Previous employment
the applicant
Extension requirements All applicants seeking to enter in this capacity must have entry clearance. Employment in the UK
Compliance with UK
employment laws When you consider an application you must check: Related links
Human trafficking
Granting or refusing  the application is valid
Changing employer  the applicant's passport or travel document is genuine Links to staff intranet
Settlement  the applicant meets the substantive requirements of the category removed
Dependants  there are no general grounds for refusal
 the applicant has given their biometric information

For more information, see related links: External links


Immigration Rules
 specified application forms and procedures paragraphs 159A –
159H
 passports and travel documents
 general grounds for refusal
Immigration Rules -
 biometric information paragraphs 46G-46L
Entry requirements Immigration Rules:
An applicant seeking entry to the UK as a domestic worker in a private household must meet paragraph 6
the requirements set out in paragraph 159A of the Immigration Rules.
Appendix 7 of the
Under paragraph 159A the applicant must: Immigration Rules
 be aged 18 years or over
 have been employed as a domestic worker under the same roof as the employer, or in
a household the employer uses for themselves on a regular basis, for one year or more
immediately before applying for entry clearance and provide evidence to demonstrate

Page 12 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
the connection between employer and employee
 provide a letter from the employer confirming the domestic worker has been employed
by them in that capacity for the twelve months immediately before the application
 provide one of the following documents covering the same period of employment as
covered in the letter above:
o pay slips or bank statements showing payment of salary
o evidence of tax paid
o evidence of health insurance paid
o contract of employment
o work visa, residence permit or equivalent passport endorsement for the country in
which the domestic worker has been employed by that employer
o visas or equivalent passport endorsement to confirm the domestic worker has
travelled with the employer
 intend to work for the employer whilst the employer is in the UK and intend to travel in
the company of either:
o a British or European Economic Area (EEA) national employer, or that employer’s
British or EEA national spouse, civil partner or child, where the employer’s usual
place of residence is outside the UK and where the employer does not intend to
remain in the UK beyond 6 months
o a British or EEA national employer's foreign national spouse, civil partner or child
where the employer does not intend to remain in the UK beyond 6 months
o foreign national employer or the employer’s spouse, civil partner or child where the
employer is seeking, or has been granted, entry clearance or leave to enter under
part 2 of the Immigration Rules (visitors)
 intend to leave the UK at the end of 6 months or at the same time as the employer,
whichever is the earlier
 satisfy the entry clearance or immigration officer that throughout their time in the UK
they will be paid at least the national minimum wage rate that they are entitled to by
law
 provide a statement from their employer that the work they shall carry out in the UK
does not constitute employment under paragraph 57 of the National Minimum Wage
Regulations 2015
 have agreed in writing, terms and conditions of employment in the UK, with the
employer, including specifically that the applicant will be paid in line with the National

Page 13 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
Minimum Wage Act 1998 and produces evidence of this in the form set out in appendix
7 of the Immigration Rules with the entry clearance application
 maintain and accommodate themselves adequately without recourse to public funds
 hold a valid entry clearance for entry in this capacity

The applicant must not:

 take employment other than as a full time domestic worker, within the terms of
paragraph 159A of the Immigration Rules
 intend to live in the UK for extended periods through frequent or successive visits

For more information on the documentary evidence the applicant must provide to prove they
meet the entry requirements under paragraph 159A, see link on left: Evidence required from
the applicant.

Successful applicants will be issued with a letter, by an entry clearance officer, with their
visa, informing them they have rights under the UK’s criminal and employment laws. See
related link: Overseas domestic worker information letter.

The main points on which the immigration officer needs to be satisfied are:

 the applicant holds a valid entry clearance, for endorsements see table below
 there is no reason to believe false representations were made in order to obtain the
entry clearance or that circumstances have changed since its issue
 refusal is not justified on the grounds of restricted returnability, medical grounds,
grounds of criminal record, or on the grounds that the person is the subject of a
deportation order or their exclusion is conducive to the public good

For applicants who applied to enter the UK DOMESTIC WORKER (OTHER)


before 6 April 2012
For applicants who applied to enter the UK DOMESTIC WORKER (VISITOR)
before 6 April 2012 - where the employer is
entering as a visitor
For applicants who applied to enter the UK MULT

Page 14 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
on or after 6 April 2012 VISA ODW – PRIVATE HOUSEHOLD

Entry clearance will normally allow unlimited entries within the period of validity shown on
the entry clearance. Leave to enter will only be endorsed by the officer on the applicant’s
first arrival in the UK and not on any subsequent occasions.

Page 15 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
Domestic workers in private households

Frequency and duration of stay


Key facts This page tells you about the frequency and duration of stay when deciding domestic worker Related links
Domestic worker applications. Previous employment
qualifying criteria
Evidence required from Frequency and duration of stay Employment in the UK
the applicant Domestic workers cannot live in the UK on a continuous basis, even if they leave the UK for
Extension requirements short periods to avoid overstaying. External links
Compliance with UK Immigration Rules
employment laws There is no specific limit on the number of times a domestic worker can come to the UK, or a paragraphs 159A –
Human trafficking definitive rule which states they can only stay in the UK for ‘6 months in a 12 month period’. 159H
Granting or refusing Domestic workers, however, must not be living in the UK for extended periods because of
Changing employer frequent, successive visits.
Settlement
Dependants For example, an individual spends 5 or 6 months in the UK as a domestic worker and
returns after a short break outside of the UK for a further 5 or 6 months.

This could amount to genuine residence. However, this is not a hard and fast rule and you
must consider the circumstances of each case on an individual basis.

Assessing residence through successive grants of leave as a domestic worker


You must consider the following factors to assess whether the domestic worker is residing in
the UK because of frequent, successive visits:

 the purpose and intended length of stay stated on the domestic worker’s visa
application form or to the immigration officer
 the number of grants of leave as a domestic worker over the past year (rolling 12
month period), including:
o the length of stay on each occasion
o the time elapsed since the last grant of leave as a domestic worker
o whether this amounts to the individual spending more time in the UK than in their
home country
 the purpose of return trips to the domestic worker’s home country and whether this is

Page 16 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
used only to be readmitted to the UK: the links they have with their home country such
as:
o main residence
o family or other long term commitments
o where they are registered for tax purposes
 evidence the UK is their main place of residence such as:
o have they registered with a general practitioner (GP)
 evidence the UK is their employer’s main place of residence such as:
o where they are registered for tax purposes
o whether they are making frequent, successive visits with or without the domestic
worker

Page 17 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
Domestic workers in private households

Previous employment
Key facts This page explains the requirements for previous employment for domestic workers. Related links
Domestic worker Employment in the UK
qualifying criteria Period of previous employment
Evidence required from The applicant must have been employed by their current employer as a domestic worker for Evidence required from
the applicant a minimum period of 12 months immediately before their application for entry clearance. the applicant
Extension requirements Evidence of the period of previous employment must be provided by the employer.
Compliance with UK Frequency and duration
employment laws The purpose of the minimum period of previous employment with the employer (or with the of stay
Human trafficking employer's spouse or minor child forming part of the same household as the employer) is to
Granting or refusing make sure there is a genuine existing relationship between employer and employee. It is External links
Changing employer also to prevent recruitment of overseas domestic workers by people in the UK. Immigration Rules
Settlement paragraphs 159A –
Dependants A short gap within the 12 months does not necessarily disqualify the applicant. An 159H
explanation of any gap in employment must be provided with the application to make sure
any break does not indicate the lack of a genuine existing relationship between employer
and employee.

Terms of previous employment


Before coming to the UK the applicant must have carried out duties as a domestic worker in
the private household belonging to the employer. These duties must have been:

 under the same roof as the person receiving the services


 working in a household the employer uses on a regular basis

For example, their own private family home(s), to establish a legitimate connection between
employer and employee. Duties carried out in a home belonging to family members of the
employer (if the employer does not live in the same household) will not qualify the worker to
be admitted under this category.

Page 18 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
Domestic workers in private households

Employment in the UK
Key facts This page explains the requirements for domestic workers employment in the UK. Related links
Domestic worker Previous employment
qualifying criteria Type of employment in the UK
Evidence required from The applicant must be intending to work full time in a domestic capacity under the same roof Compliance with UK
the applicant as their employer or in a household the employer uses themselves on a regular basis and employment laws -
Extension requirements where there is evidence of a connection between the domestic worker and their employer. National minimum Wage
Compliance with UK
employment laws Domestic workers may not be employed to work as a domestic worker for a business, Frequency and duration
Human trafficking agency or be self-employed. of stay
Granting or refusing
Changing employer The employer’s company may pay the domestic worker’s wages provided it is part of the External links
Settlement employer’s employment package. If the employer owns the business they may arrange to Immigration Rules
Dependants pay the domestic worker through their business, but you must make sure the domestic paragraphs 159A –
worker will be working only in the employer’s private household. For example by checking 159H
the address of employment given.

Job description in the UK


Domestic workers may include:

 cleaners
 chauffeurs
 gardeners
 cooks
 nannies
 those carrying out personal care for the employer or a member of the employer’s family
 those providing a personal service relating to the running of the employer's household,
for example, those whose duties include protecting the employer and members of their
family

Page 19 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
Domestic workers in private households

Evidence required from the applicant


Key facts This page tells you about the documentary evidence an applicant in the domestic worker in Related links
Domestic worker a private household category must provide with their application.
qualifying criteria External links
Extension requirements The documentary evidence is to prove they meet the specified requirements to enter or Immigration Rules
Compliance with UK extend their stay or be granted leave to remain. paragraphs 159A –
employment laws 159H
Human trafficking Confirming previous employment
Granting or refusing The applicant must provide a letter from their employer confirming they have been employed Appendix 7 of the
Changing employer by them as a domestic worker for the 12 months immediately before making the application Immigration Rules
Settlement for entry clearance.
Dependants
They must also provide one document from the following list relating to the same period of
employment:

 evidence of payment of salary, for example pay slips or bank statements


 evidence of payment of tax
 evidence of payment of health insurance
 contract of employment
 work visa, residence permit or equivalent passport endorsement for the country in
which they worked as a domestic worker
 visas or passport endorsements confirming they travelled with the employer

Specific terms and conditions of employment


A ‘statement of terms and conditions of employment’ or a ‘contract of employment’
completed and signed by themselves and their employer.

You must make sure the document submitted is in the form at appendix 7 of the Immigration
Rules. This includes confirmation of:

 pay

Page 20 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
 time off
 sleeping accommodation to be provided to the domestic worker
 holiday entitlement

This documentary evidence is required for applications:

 for entry clearance


 to extend stay, this applies to all applicants regardless of when they entered the UK
with valid entry clearance
 under the rules in place before 6 April 2012, for settlement and, when a domestic
worker changes employer

Confirming maintenance and accommodation


Evidence the domestic worker can maintain and accommodate themselves adequately
without recourse to public funds such as:

 recent pay slips or bank statements showing payment of salary


 details of the employee’s address in the UK
 the sleeping accommodation whilst here

This documentary evidence is needed for applications:

 for entry clearance


 to extend stay, this applies to all applicants regardless of when they entered the UK
with valid entry clearance

Confirming employer residency in the UK


Evidence the employer is residing in the UK at the address given such as a:

 passport or travel document


 document relating to the residing address, such as:
o property rental
o tenancy agreement
o recent council tax bill
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o recent utility bill

This is required for any application to extend stay regardless of when the applicant entered
the UK with valid entry clearance.

For those applying to extend their stay under the rules on or after 6 April 2012, evidence of
their continued hotel booking is acceptable instead of property rental or tenancy agreement
or recent council tax or utility bills relating to the residing address.

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Domestic workers in private households

Extension requirements
Key facts This section explains the requirements a person in the UK as a domestic worker in a private In this section
Domestic worker household must meet to get an extension of stay in the UK. Extension – applicants
qualifying criteria who applied to enter UK
Evidence required from For more information, see links in this section: before 6 April 2012
the applicant
Compliance with UK  Extension: applicants who applied to enter UK before 6 April 2012 Extension – applicants
employment laws  Extension: applicants who applied to enter UK on or after 6 April 2012 who applied to enter UK
Human trafficking on or after 6 April 2012
Granting or refusing
Changing employer External links
Settlement Immigration Rules
Dependants paragraphs 159A –
159H

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Domestic workers in private households

Extension: applicants who applied to enter UK before 6 April 2012


Key facts This page explains the requirements a person must meet to extend their stay in the UK as a Related links
Domestic worker domestic worker in a private household if they entered the UK with valid entry clearance
qualifying criteria under the rules in place before 6 April 2012. Links to staff intranet
Evidence required from removed
the applicant These individuals are allowed to extend their visas up to either:
Extension requirements
Compliance with UK  a maximum of 12 months at a time Compliance with UK
employment laws  where the application is decided before the current leave expires, a period not employment laws -
Human trafficking exceeding 12 months plus the time remaining before the expiry of the current leave National minimum wage
Granting or refusing
Changing employer When you consider an application you must check:
Settlement External links
Dependants  the application is valid Immigration Rules
 the applicant's passport or travel document is genuine paragraphs 159A –
 the applicant meets the substantive requirements of the category 159H
 there are no general grounds for refusal
Appendix 7 of the
For more information, see related links: Immigration Rules

 specified application forms and procedures


 passports and travel documents
 general grounds for refusal

Requirements for extension of stay


An applicant seeking further leave to remain will need to show they continue to meet the
requirements set out in paragraph 159EA of the Immigration Rules.

Under paragraph 159EA the applicant must:

 have entered the UK with valid entry clearance as a domestic worker in a private

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household under the rules in place before 6 April 2012
 have continued to be employed for the duration of leave granted as a domestic worker
in a private household
 continue to be required for employment for the period of the extension sought for at
least 30 hours per week as a domestic worker in a private household the employer
lives in and where there is evidence of a connection between employer and employee
 satisfy the entry clearance or immigration officer that throughout their time in the UK
they will be paid at least the national minimum wage rate that they are entitled to by
law
 provide a statement from their employer that the work they shall carry out in the UK
does not constitute employment under paragraph 57 of the National Minimum Wage
Regulations 2015
 not intend to take employment except as a domestic worker in the private household
 not be in breach of immigration laws, except:
o for any period of overstaying for 28 days or less which will be disregarded
o if the application was submitted before 9 July 2012
 must also meet the following requirements:
o they must be aged 18-65 inclusive
o they must be able to show they can maintain and accommodate themselves
adequately without recourse to public funds

For more information on overstayers, see related link: Applications from overstayers (non
family routes).

The applicant must only intend to work for one employer at a time, doing one job, full time.
They are not allowed to work for a business or agency or become self-employed.

To prove they meet the requirements of paragraph 159EA they must provide:

 an application form FLR(O) together with the following specified documents:


o an updated ‘statement of the terms and conditions of employment’ or ‘contract of
employment’ signed by the employer and employee, providing all the information
needed on the form at appendix 7 of the Immigration Rules (see related link). This
must include full details of the domestic worker's duties

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o evidence the employer is residing in the UK at the address given, such as a
passport or travel document and property rental or tenancy agreement or recent
council tax or utility bills relating to the residing address
 evidence they continued to be employed for the duration of leave granted as a full time
domestic worker in the private household of the employer - they must be able to show
they can maintain and accommodate themselves without recourse to public funds - for
example:
o recent pay slips or bank statements showing payment of salary
o details of the employee’s address in the UK
o the sleeping accommodation whilst here

For more information see link on left: Evidence required from the applicant.

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Domestic workers in private households

Extension – applicants who applied to enter UK on or after 6 April 2012


Key facts This page explains the requirements a person must meet to extend their stay in the UK as a Related links
Domestic worker domestic worker in a private household if they entered the UK with valid entry clearance
qualifying criteria under the rules in place on or after 6 April 2012. Links to staff intranet
Evidence required from removed
the applicant Applicants may seek an extension of their stay in the UK up to a maximum of 6 months
Extension requirements where they were granted less than 6 months on entry. Compliance with UK
Compliance with UK employment laws -
employment laws When you consider an application you must check: National minimum wage
Human trafficking
Granting or refusing  the application is valid External links
Changing employer  the applicant's passport or travel document is genuine Immigration Rules
Settlement  the applicant meets the substantive requirements of the category paragraphs 159A –
Dependants  there are no general grounds for refusal 159H

For more information, see related links: Appendix 7 of the


Immigration Rules
 specified application forms and procedures
 general grounds for refusal Application Form
FLR(O)
Requirements for extension of stay
An applicant seeking further leave to remain with their employer must show they meet the
requirements set out in paragraph 159D of the Immigration Rules.

Under paragraph 159D the applicant must:

 have entered the UK with a valid entry clearance as a domestic worker in a private
household (this will be in the form of a stick-in vignette which is placed in the passport
or travel document)
 have been granted less than 6 months leave to enter in this capacity (the relevant date
for calculating an extension under paragraph 159E is the date on the entry clearance

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stamp)
 have continued to be employed for the duration of leave granted as a domestic worker
in the private household of the employer with whom the applicant entered or joined in
the UK
 continue to be required for employment for the period of the extension sought as a
domestic worker in a private household the employer lives in
 not intend to take employment except as a domestic worker in the private household of
the employer
 intend to leave the UK at the end of 6 months or at the same time as the employer,
whichever is the earlier
 satisfy the entry clearance or immigration officer that throughout their time in the UK
they will be paid at least the national minimum wage rate that they are entitled to by
law
 provide a statement from their employer that the work they shall carry out in the UK
does not constitute employment under paragraph 57 of the National Minimum Wage
Regulations 2015
 have agreed in writing, terms and conditions of employment in the UK with the
employer, including evidence to show the applicant will be paid in line with the National
Minimum Wage Act 1998 and any regulations made under it, by using the form set out
in appendix 7 (see related link)
 maintain and accommodate themselves adequately without recourse to public funds

The applicant must not:

 take employment other than as a domestic worker in a private household


 be in the UK in breach of immigration laws except any period of overstaying allowed
under the Immigration Rules (further guidance here) .

For more information on overstayers, see related link: Applications from overstayers (non
family routes).

The applicant must only intend to be working for the employer with whom they came to the
UK on a full time basis. They are not allowed to work for a business or agency or become
self-employed.

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To prove they meet the requirements of paragraph 159D they must provide:

 an application form FLR(O) together with the following specified documents:


o an updated ‘statement of the terms and conditions of employment’ or ‘contract of
employment’ signed by the employer and employee, providing all of the information
needed on the form at appendix 7 of the Immigration Rules (see related link) - this
must include full details of the domestic worker's duties
o evidence the employer is residing in the UK at the address given such as a passport
or travel document and property rental or tenancy agreement or recent council tax or
utility bills which relate to the residing address
 evidence to show they continued to be employed for the duration of leave granted as a
domestic worker in the private household of the employer - they must be able to show
they can maintain and accommodate themselves without recourse to public funds - for
example:
o recent pay slips or bank statements showing payment of salary
o details of the employee’s address in the UK
o the sleeping accommodation whilst here

 Overseas Dom Wk (April 12)(Priv Household) – LTR

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Domestic workers in private households

Compliance with UK employment laws: National minimum wage


Key facts This page explains the national minimum wage (NMW) requirements for domestic workers. Related links
Domestic worker
qualifying criteria Links to staff intranet
Evidence required from removed
the applicant Official – sensitive: start of section
Extension requirements External links
Human trafficking Immigration Rules
Granting or refusing paragraphs 159A –
Changing employer The information on this page has been removed as it is restricted for internal Home Office 159H
Settlement use
Dependants Appendix 7 of the
Immigration Rules

Official – sensitive: end of section [Link] - National


minimum wage rates
Domestic workers should be paid at least the NMW. For NMW rates, see related link:
[Link] - National minimum wage rates. [Link] - National
minimum wage:
Employers of domestic workers must provide a statement confirming that the work to be accommodation
carried out in the UK does not meet the terms of paragraph 57 of the National Minimum
Wage Regulations 2015. This section provides an exemption from the NMW for those living
as part of the family.

All domestic workers must have a contract using the template provided in appendix 7. This
contract was revised in April 2015 and must be completed in full for all applications for leave
to enter and leave to remain.

You must check that the salary arrangements meet the requirements of the National
Minimum Wage Regulations. These rates are amended, usually annually, so you must
make sure that you are using the correct rates. There is a calculator at the related link
[Link] - National minimum wage - that can be used to check whether salaries meet the
Page 30 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
relevant rate. You must make sure that salaries quoted in monthly (or other) time periods
are prorated to a weekly sum. The calculation for this would be to take a monthly sum,
multiply it by 12, and divide by 52.

Please note that that the only amount that may be offset against the NMW is an
accommodation offset. The amount is specified in related link [Link] - National minimum
wage: accommodation. Allowances for items such as food, travel, phone calls, and so on,
cannot be offset against the NMW entitlement.

Where you are not satisfied that the NMW entitlement is met, the application should be
refused.

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Domestic workers in private households

Human trafficking
Key facts This page explains what action to take when you suspect human trafficking in domestic Related links
Domestic worker worker cases.
qualifying criteria Links to staff intranet
Evidence required from From 1 April 2009 the UK has been bound by the Council of Europe Convention on action removed
the applicant against trafficking in human beings.
Extension requirements External links
Compliance with UK The purpose of the Convention is to: Immigration Rules
employment laws paragraphs 159A –
Granting or refusing  prevent and combat trafficking in human beings 159H
Changing employer  identify and protect victims of trafficking and to safeguard their rights
Settlement  promote international cooperation against trafficking
Dependants
If human trafficking is suspected you must seek advice from a manager or single point of
contact (SPOC) on human trafficking.

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Domestic workers in private households

Granting or refusing
Key facts This section tells you about granting or refusing an application for a domestic worker. In this section
Domestic worker Granting or refusing
qualifying criteria For more information, see links in this section: entry clearance
Evidence required from Granting or refusing
the applicant  Granting or refusing entry clearance entry at UK port
Extension requirements  Granting or refusing entry at UK port Granting or refusing an
Compliance with UK  Granting or refusing an extension of stay in UK extension of stay in UK
employment laws
Human trafficking Related links
Changing employer
Settlement Links to staff intranet
Dependants removed

External links
Immigration Rules
paragraphs 159A –
159H
Immigration Rules
paragraphs 320 – 322
(12)

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Domestic workers in private households

Granting or refusing entry clearance


Key facts This page tells you about granting or refusing an application made overseas to come to the In this section
Domestic worker UK as a domestic worker. Granting or refusing
qualifying criteria entry at UK port
Evidence required from Grant entry clearance
the applicant You must grant entry clearance if the applicant: Granting or refusing an
Extension requirements extension of stay in UK
Compliance with UK  meets all the requirements of paragraph 159A – 159H of the Immigration Rules
employment laws  none of the general grounds for refusal in paragraph 320 apply Related links
Human trafficking
Granting or refusing Endorsement for entry clearance issued under the rules in place after 6 April 2016 Link to staff intranet
Changing employer removed
Settlement It is important that the conditions of any leave granted to an Overseas Domestic
Dependants Worker in a Private Household under the rules in place after 6 April 2016 do not External links
specify the employer. Immigration Rules
paragraphs 159A –
The endorsement is: 159H

 ODW – PRIVATE HOUSEHOLD Immigration Rules


 No recourse to public funds. Domestic worker in a private household paragraphs 320 – 322
(12)
The GCID casetype is:

Overseas Dom Wk (April 12)(Priv Household) – LTR

Endorsements for applicants who entered the UK with valid entry clearance under the
rules in place before 6 April 2012:

 ‘DOMESTIC WORKER (OTHER)’


 where the employer is entering as a visitor, ‘DOMESTIC WORKER (VISITOR)’

Refusing entry clearance


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You must refuse the application if:

 the applicant has not provided the required evidence they meet all the requirements of
paragraph 159A of the Immigration Rules
 any of the general grounds for refusal in paragraph 320 apply

To see the relevant paragraphs in the Immigration Rules to refer to when refusing domestic
workers see related link: Immigration Rules paragraphs 320 – 322 (12)

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Domestic workers in private households

Granting or refusing entry at UK port


Key facts This page tells you about granting or refusing entry at a UK port to a person seeking to enter In this section
Domestic worker the UK as a domestic worker. Granting or refusing
qualifying criteria entry clearance
Evidence required from Grant leave to enter
the applicant Before you grant leave to enter, you must be satisfied: Granting or refusing an
Extension requirements extension of stay in UK
Compliance with UK  the applicant has valid entry clearance
employment laws  there are no reasons to believe the applicant gave false information to obtain the entry Related links
Human trafficking clearance or that circumstances have changed since it was issued
Granting or refusing  none of the general grounds for refusal in paragraphs 320 to 321 of the Immigration Link to staff intranet
Changing employer Rules apply removed
Settlement
Dependants Refusing entry External links
You must refuse entry if: Immigration Rules
paragraphs 159A –
 the applicant does not have entry clearance 159H
 the applicant has not provided the required evidence they meet all the requirements of
paragraph 159A of the Immigration Rules Immigration Rules
 any of the general grounds for refusal in paragraphs 320 to 321 apply: you must read paragraphs 320 – 321
the guidance on general grounds for refusal and on what paragraphs to use, by using
the related link: General grounds for refusal

Refusal paragraphs – no entry clearance


You must refuse a:

 visa national seeking entry without valid entry clearance under paragraph 320(5) of the
Immigration Rules
 non-visa national seeking entry without valid entry clearance under paragraph 159C of
the Immigration Rules

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Domestic workers in private households

Granting or refusing an extension of stay in the UK


Key facts This page tells you when to grant or refuse an extension of stay to a person seeking an In this section
Domestic worker extension of stay as a domestic worker. Granting or refusing
qualifying criteria entry clearance
Evidence required from Granting an extension for applicants who entered the UK with valid entry clearance
the applicant under the rules in place before 6 April 2012 Granting or refusing
Extension requirements You must grant leave to remain if all the following requirements are met: entry at UK port
Compliance with UK
employment laws  the person meets all the requirements of paragraph 159EA of the Immigration Rules, Related links
Human trafficking see link on left: Extension requirements
Granting or refusing  you are satisfied none of the general grounds for refusal in paragraph 322 applies, see Links to staff intranet
Changing employer related links: Immigration Rules paragraphs 320-324 and General grounds for refusal removed.
Settlement
Dependants Grant period External links
You must grant an extension for: Immigration Rules
paragraphs 159A –
 up to 12 months 159H
 where the application is decided before the current leave expires, a period not
exceeding 12 months plus the time remaining before the current leave expires Immigration Rules
paragraphs 320 – 324
The GCID case type is:

 Overseas Domestic Worker – LTR

Applicants who entered the UK with valid entry clearance under the rules in place on
or after 6 April 2012:

You must grant leave to remain up to a period of 6 months less the period already spent in
the UK in this capacity if all the following requirements are met:

 the person meets all the requirements of paragraph 159D of the Immigration Rules,
see link on left: Extension requirements
Page 37 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
 you are satisfied none of the general grounds for refusal in paragraph 322 applies, see
related link: Immigration Rules paragraphs 320-324

The GCID case type is:

 Overseas Dom Wk (April 12)(Priv Household) – LTR

Refuse extension
If you are considering refusing an extension of stay on grounds that are not specific to
domestic workers, you must refer to the following guidance using the related links:

 general grounds for refusal


 Immigration Rules paragraphs 320-324

You must refuse an extension of stay as a domestic worker in private households if the
applicant does not meet all of the requirements of the relevant paragraphs of the
Immigration Rules. These are paragraph 159EA if before 6 April 2012 and paragraph 159D
if on or after 6 April 2012.

Refusal wording
This is not an exhaustive list of reasons. You must use these paragraphs in combination
with any other appropriate paragraphs, for example if you are also refusing on general
grounds. See related link: General grounds for refusal.

For information on appeal rights, see related link: Appeals policy.

Applicants who entered the UK with valid entry clearance under the rules in place
before 6 April 2012:
‘You have applied for an extension of stay in the United Kingdom as a domestic worker in a
private household who entered the UK under the Rules in place before 6 April 2012…’

Reason and Suggested wording


paragraph
Not entered with valid ‘…but the Secretary of State is not satisfied that you

Page 38 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
entry clearance before entered the UK with a valid UK entry clearance as a
6 April 2012 domestic worker in a private household under the
Rules in place before 6 April 2012.’
Paragraph 159EA with
reference to 159EA(i)
Not continuously ‘…but in view of [insert details for the refusal …] the
employed as a Secretary of State is not satisfied that you have been
domestic worker continuously employed for the duration of your leave
granted as a domestic worker in a private
Paragraph 159EA with household.’
reference to 159EA(ii)
Not required as a ‘…but in view of [insert details for the refusal …] the
domestic worker for Secretary of State is not satisfied that you continue
period of extension to be required for employment for the period of the
sought in same extension sought as a domestic worker in a private
household household under the same roof as the employer or
in the same household that the employer has lived
Paragraph 159EA with in.’
reference to 159EA(iii)
Intention not to work ‘…but in view of [insert details for the refusal …] the
except as a domestic Secretary of State is not satisfied that you do not
worker intend to take employment except as a domestic
worker in a private household.’
Paragraph 159EA with
reference to 159EA(iv)
Not 18-65 years ‘…but in view of [insert details for the refusal …] the
inclusive Secretary of State is not satisfied that you are aged
18-65 inclusive.’
Paragraph 159A with
reference to 159A(i)
National minimum ‘....but in view of [insert details for the refusal …] the
wage Secretary of State is not satisfied that you will be
paid at least the National Minimum Wage to which
Paragraph 159A (va) you are entitled by law throughout your stay in the

Page 39 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
UK.’
Maintenance and ‘…but in view of [insert details for the refusal …] the
accommodation Secretary of State is not satisfied that you can
maintain and accommodate yourself adequately
Paragraph 159A(vii) without recourse to public funds.’
Breach of immigration ‘…but in view of [insert details for the refusal …] the
laws Secretary of State is not satisfied that you are not in
the UK in breach of immigration laws.’
Paragraph 159EA with
reference to 159EA(vi)

Applicants who entered the UK with valid entry clearance on or after 6 April 2012:
‘You have applied for an extension of stay in the United Kingdom as a domestic worker in a
private household who entered the UK under the Rules in place on or after 6 April 2012…’

Reason and Suggested wording


paragraph
Not entered with valid ‘…but the Secretary of State is not satisfied that you
entry clearance entered the United Kingdom with a valid UK entry
clearance as a domestic worker in a private
Paragraph 159D with household.’
reference to 159D(i)
Not granted less than 6 ‘…but in view of [insert details for the refusal …] the
months as a domestic Secretary of State is not satisfied that you have been
worker granted less than 6 months leave to enter as a
domestic worker in a private household.’
Paragraph 159D with
reference to 159D(ii)
Not continued as a ‘…but in view of [insert details for the refusal …] the
domestic for duration Secretary of State is not satisfied that you have
of leave in household continued to be employed for the duration of leave
of employer granted as a domestic worker in the private
household of the employer with whom you entered
Paragraph 159D with or joined in the UK.’

Page 40 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
reference to 159D(iii)
Not required as a ‘…but in view of [insert details for the refusal …] the
domestic worker for Secretary of State is not satisfied that you continue
period of extension to be required for employment for the period of the
sought in employer extension sought as a domestic worker in a private
household household that the employer lives in.’

Paragraph 159D with


reference to 159D(iv)
Intention not to work ‘…but in view of [insert details for the refusal …] the
except as a domestic Secretary of State is not satisfied that you do not
worker intend to take employment except as a domestic
worker in a private household of the employer.’
Paragraph 159D with
reference to 159D(v)
Intention to leave the ‘…but in view of [insert details for the refusal …] the
UK Secretary of State is not satisfied that you intend to
leave the UK at the end of six months in the UK or at
Paragraph 159A with the same time as the employer, whichever is the
reference to 159A(iv) earlier.’
Intention to leave the ‘…but in view of [insert details for the refusal …] the
UK – live in the UK for Secretary of State is satisfied that you intend to live
extended periods for extended periods in the UK as a result of your
frequent / successive visits.
Paragraph 159A with
reference to 159A(iv)
National minimum ‘....but in view of [insert details for the refusal …] the
wage Secretary of State is not satisfied that you will be
paid at least the National Minimum Wage to which
Paragraph 159A (va) you are entitled by law throughout your stay in the
UK.’
Maintenance and ‘…but in view of [insert details for the refusal …] the
accommodation Secretary of State is not satisfied that you can
maintain and accommodate yourself adequately

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Paragraph 159A(vii) without recourse to public funds.’
Breach of immigration ‘…but in view of [insert details for the refusal …] the
laws Secretary of State is not satisfied that you are not in
the UK in breach of immigration laws.’
Paragraph 159D with
reference to 159D(vii)

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Domestic workers in private households

Changing employer in UK
Key facts This page explains when a domestic worker can change their employer in the UK. Downloads
Domestic worker
qualifying criteria Domestic workers who entered the UK with entry clearance issued under the rules in place Links to staff intranet
Evidence required from before 6 April 2012 are allowed to change employer at any time. When they apply for leave removed.
the applicant to remain or change employer, they must not intend to work in a business or be self
Extension requirements employed. They must work as a domestic worker for one employer, doing one job, full time. Related links
Compliance with UK
employment laws Domestic workers who entered the UK with entry clearance issued under the rules in place Links to staff intranet
Human trafficking on or after 6 April 2016 are allowed to change employer at any time provided the new removed.
Granting or refusing employment is as a domestic worker in a private household. They do not need to seek
Settlement permission to change employment and remain in the UK for whichever is the shorter period External links
Dependants of: Immigration Rules
paragraphs 159A –
 6 months 159H
 the period left of their leave

Employer
The employer must be mainly based in the UK. In the case of domestic workers admitted
under the pre-April 2012 rules, an extension should not be granted if the employer is not
living in the UK.

There may be acceptable cases where the employment continues while the employer is
abroad, for example, where a:

 housekeeper takes care of a property


 cook works for the employer's family in the UK while the employer is abroa.

However, the employer must still regularly spend time in the UK each year. You must
consult a senior caseworker or team leader before you reach a decision in cases where the
employer is absent for more than 6 months a year.

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Change of employer: caseworker action
When a domestic worker who entered the UK with entry clearance issued under the rules in
place before 6 April 2012 changes employer, they are asked to tell the Home Office at the
earliest opportunity. In some instances, the employer or a representative will send a letter.
When informed of a change, you must:

 note the details on GCID case comment


 complete a ‘change of employer’ template (see related link)

Official – sensitive: start of section

The information on this page has been removed as it is restricted for internal Home Office
use

Official – sensitive: end of section

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Domestic workers in private households

Settlement
Key facts This page explains the requirements for settlement for domestic workers. This is only Related links
Domestic worker permitted for applicants who were admitted to the UK under rules in place before 6 April
qualifying criteria 2012. Links to staff intranet
Evidence required from removed.
the applicant Applicants who entered the UK under the rules in place before 6 April 2012
Extension requirements Provided a domestic worker continues to meet the requirements of the domestic workers
Compliance with UK rules, they can apply for settlement once they have spent a continuous period of five years External links
employment laws in the UK employed in this category. You must refer to paragraph 159G of the Immigration Immigration Rules
Human trafficking Rules when deciding a settlement application (see related link). paragraphs 159A –
Granting or refusing 159H
Changing employer You must grant settlement to a domestic worker providing they:
Dependants
 have spent a continuous period of 5 years in the UK in this capacity
 have met and continue to meet the requirements set out in paragraph 159A of the
Immigration Rules throughout the 5 year period
 continue to be required for employment as a domestic worker as confirmed by the
current employer
 are working for one employer, doing one job, full time
 can satisfy the English language and knowledge of life criteria (see related link)
 be in the UK in breach of immigration laws except any period of overstaying allowed
under the Immigration Rules (further guidance here) .

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Domestic workers in private households

Dependants
Key facts This page explains when dependants accompanying a domestic worker can be granted Related links
Domestic worker leave. This is only permitted for applicants who were admitted to the UK under rules in place
qualifying criteria before 6 April 2012. Links to staff intranet
Evidence required from removed.
the applicant Domestic workers who entered under the rules in place before 6 April 2012 can bring their
Extension requirements dependants to the UK under paragraphs 194 or 197 of the Immigration Rules. However, External links
Compliance with UK paragraphs 193A and 196G explicitly remove the right to bring dependants for domestic Immigration Rules
employment laws workers entering under the rules on or after 6 April 2012. paragraphs 159A –
Human trafficking 159H
Granting or refusing Dependants must have entry clearance. They must be admitted for a period in line with the
Changing employer domestic worker on: Immigration Rules
Settlement paragraphs 193A –
 code 1 (if the main applicant’s employer is not a visitor) 199B
 code 3 (if the main applicant’s employer is a visitor)

If you grant a dependant and extension of leave it must be for the same period of time as the
main applicant on code 1 conditions.

For more information on considering applications from dependants, see related link:
Dependants of part 5 migrants.

Page 46 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
Domestic workers in private households

Contact
Key facts This page explains who to contact for more help with a specific case in the domestic worker Related links
Domestic worker in a private household category. Changes to this
qualifying criteria guidance
Evidence required from If you have read the relevant Immigration Rules and this guidance and still need more help
the applicant with this category, you must first ask your senior caseworker or line manager. Information owner
Extension requirements
Compliance with UK If the question cannot be answered at that level, you may email: External links
employment laws
Human trafficking  Migration Policy Unit, for guidance on policy, see related link Links to staff intranet
Granting or refusing  for entry clearance officers, email Entry clearance complex case advice team removed.
Changing employer (ECCCAT), see related link
Settlement  for Border Force officers, email Border Force operations advice and support, see
Dependants related link: Email BF OAS Enquiries

Changes to this guidance can only be made by the Guidance, Rules and Forms team
(GRaFT). If you think the policy content needs amending you must contact the Migration
Policy Unit, who will ask the GRaFT to update the guidance, if appropriate.

The GRaFT will accept direct feedback on broken links, missing information or the format,
style and navigability of this guidance. You can send these using the link: Email: Guidance –
making changes.

Page 47 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017
Domestic workers in private households

Information owner
Key facts This page tells you about this version of the ‘Domestic workers in private households’ Related links
Domestic worker guidance and who owns it. Changes to this
qualifying criteria guidance
Evidence required from Version 17.0
the applicant Published for Home 24 March 2017 Contact
Extension requirements Office staff on
Compliance with UK Policy owner Migration Policy Unit External links
employment laws Cleared by director Paul Regan
Human trafficking Director’s role Head of migration policy Links to staff intranet
Granting or refusing Clearance date November 2016 removed.
Changing employer This version approved for Paul Regan
Settlement publication by
Dependants Approver’s role Head of Migration Policy
Approval date November 2016

Changes to this guidance can only be made by the Guidance, Rules and Forms team
(GRaFT). If you think the policy content needs amending you must contact the Migration
Policy Unit, who will ask the GRaFT to update the guidance, if appropriate.

The GRaFT will accept direct feedback on broken links, missing information or the format,
style and navigability of this guidance. You can send these using the link: Email: Guidance –
making changes.

Page 48 of 48 Domestic workers in private households –v17.0 Published for Home Office staff on 24 March 2017

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