The Overseas Domestic Worker Visa allows domestic staff working in a private household to enter the UK and continue their employment for up to 6 months. This route is suitable for domestic workers in circumstances where their employer (or their employer's family members) do not intend to remain in the UK for more than 6 months.
This comprehensive guide considers the eligibility requirements for an Overseas Domestic Worker Visa in detail, alongside the visa application process and some frequently asked questions about this route.
Am I Eligible for an Overseas Domestic Worker Visa?
In order to qualify for an Overseas Domestic Worker Visa, applicants must meet a number of eligibility requirements. During the application process, the applicant must be prepared to provide their personal details, evidence of their identity and evidence of their employment.
Employee Requirements
The GOV.UK website confirms that references to 'Domestic Workers' ordinarily includes the following:
- Cleaners;
- Chauffeurs;
- Chefs;
- Those providing personal care of the employer/their family members; and,
- Nannies.
The applicant must meet each of the following requirements:
- They are aged 19 or over when their application is submitted; and,
- They are in ongoing employment as a domestic worker; and,
- They live in a property that their employer regularly or consistently uses as a personal home; and,
- They have been in employment for a period of 12 months or more with the relevant employer.
There are several specified documents that an applicant must provide to demonstrate that the above factors each apply.
The applicant must also meet the general suitability requirements set out under Part 9: Grounds for Refusal. If you are concerned that you do not meet these requirements, you may wish to contact one of our specialist immigration barristers.
Employer Requirements
The Overseas Domestic Worker Visa allows domestic staff to continue working for their employer while their employer spends a limited period of time in the UK. There are three specified categories which the employer (or their family members) must fall under.
Category A – British employer or their British family member(s)
- The applicant will be travelling in the company of a British employer, or that employer's British spouse, civil partner or child under the age of 18; and,
- The employer's usual place of residence is outside the UK; and,
- The employer, their spouse, civil partner or child do not intend to remain in the UK for more than 6 months.
Category B – British employer's foreign family member(s)
- The applicant will be travelling in the company of a British employer's foreign spouse, civil partner or child under the age of 18; and,
- Those individuals do not intend to remain in the UK for more than 6 months.
Category C – Foreign employer or their family member(s) who are visiting the UK
- The applicant will be travelling in the company of a foreign national employer or their employer's spouse, civil partner or child under the age of 18; and,
- Those individuals are applying for or have been granted permission to enter the UK as a Visitor; and,
- Those individuals are not entering the UK to undertake short-term study, research or research tuition as set out under Appendix V at Paragraph V9.
Intention Requirements
The decision maker must be satisfied that the applicant genuinely intends to work for their employer in the UK. They must also be satisfied that the employer genuinely intends to pay the applicant at least the National Minimum Wage throughout their employment in the UK.
The Immigration Rules confirm that applicants must plan to leave the UK either when their employer leaves the UK or at the end of their 6 month visa, whichever is earlier. Overseas Domestic Workers must also be able to maintain their primary home outside the UK; they cannot apply for this visa with an intention to make the UK their home through frequent or successive visits.
Maintenance and Accommodation Requirements
Domestic Overseas Workers must demonstrate that they will be able to adequately maintain and accommodate themselves in the UK without recourse to public funds (which they cannot access). You may wish to contact one of our specialist immigration barristers for further insight into how this requirement should be met.
How to Apply for an Overseas Domestic Worker Visa
The application must be submitted from a country where the applicant holds a right of residence and it cannot be submitted from within the UK. Applications should be made online using the relevant application form on the GOV.UK website, "Domestic worker in a private household." The application fee is currently set at £637.00 per application.
Applicants should apply up to three months before their intended date of travel to the UK. It is worth noting that this visa category has a standard processing time of three weeks (although priority services may be available to reduce the processing time). After submitting the form, applicants are invited to attend a biometrics appointment in their country of residence.
When an application is granted, the applicant is issued a passport vignette confirming that they have leave to enter the UK for a period of 6 months.
Can You Extend an Overseas Domestic Worker Visa?
It is not ordinarily possible to extend an Overseas Domestic Worker Visa from within the UK. However, those who applied for a Domestic Worker in a Private Household Visa on or before 5 April 2012 may be eligible to extend their visa in limited circumstances.
Can You Bring Dependents to the UK on an Overseas Domestic Worker Visa?
Appendix Overseas Domestic Worker confirms that it is not possible to bring dependents to the UK using this visa route.
Can You Switch Employers Within the UK?
It is important to note that Overseas Domestic Workers have a limited right to work. While it is possible to switch employers in the UK while you hold this visa, you cannot undertake any work except as a domestic worker in a private household.
Employment Rights as an Overseas Domestic Worker
The conditions of your employment should have been agreed prior to your UK entry. Once you have entered the UK, these conditions cannot be changed without your consent. Your employer must pay you your agreed salary and the amount cannot be below the national minimum wage. You cannot be forced to work excessive hours and your employer must allow any agreed holiday pay.
If you are concerned that your employment rights have been breached, the GOV.UK website recommends that you contact the Acas helpline or the charity Kalayaan.
Victims of Modern Slavery or Human Trafficking
Please see the GOV.UK website for advice on the steps to take if you or somebody you know may be a victim of modern slavery or human trafficking.
Appendix Domestic Worker who is a Victim of Modern Slavery provides a visa route for individuals who entered the UK as an Overseas Domestic Worker and have consequently been a victim of modern slavery. A visa under this Appendix allows individuals to remain in the UK for a maximum period of two years.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.