UK Domestic Worker Visa Guidance
UK Domestic Worker Visa Guidance
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Domestic workers in private households
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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.
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.
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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)
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
up to 12 months
up to 6 months when entering with a visitor
Extensions:
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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
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Domestic workers in private households
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references to paragraph 57 of the
National Minimum Wage Action added
throughout this guidance
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Domestic workers in private households
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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
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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
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
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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.
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Domestic workers in private households
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.
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
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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
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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.
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.
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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.
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
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Domestic workers in private households
You must make sure the document submitted is in the form at appendix 7 of the Immigration
Rules. This includes confirmation of:
pay
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time off
sleeping accommodation to be provided to the domestic worker
holiday entitlement
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
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:
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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
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
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:
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Domestic workers in private households
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
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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
Endorsements for applicants who entered the UK with valid entry clearance under the
rules in place before 6 April 2012:
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
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
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
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you are satisfied none of the general grounds for refusal in paragraph 322 applies, see
related link: Immigration Rules paragraphs 320-324
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:
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.
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…’
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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
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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…’
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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.’
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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:
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:
The information on this page has been removed as it is restricted for internal Home Office
use
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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.
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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.
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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