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OVERSEAS DOMESTIC WORKER VISA

OVERSEAS DOMESTIC WORKER VISA

The Overseas Domestic Worker visa is an immigration route for domestic workers who wish to work in the UK with their current employer for a period of up to 6 months.

The Overseas Domestic Worker visa route does not lead to settlement in the UK and dependents are not eligible to join or accompany a main applicant.

Requirements for an Overseas Domestic Worker Visa

In order to qualify for an Overseas Domestic Worker Visa, you will need to satisfy UK Visas & Immigration that:

  • You are aged 19 or over;
  • You have been employed as a domestic worker for 12 months or more immediately before the date of application;
  • You have been living with your employer or in a property that your employer uses as a home for themselves on a regular basis, for 12 months or more immediately before the date of application;
  • You have agreed in writing the terms and conditions of your employment in the UK;
  • You intend to work for your employer whilst your employer is in the UK;
  • Your employer will pay you at least the UK National Minimum Wage;
  • You intend to travel to the UK with either
    • your British employer, or their British spouse, civil partner or child under the age of 18 (the employer’s usual place of residence must be outside the UK and the person accompanying you must not intend to remain in the UK for more than 6 months);
    • a British employer’s foreign national spouse, civil partner or child under the age of 18 (the person accompanying you must not intend to remain in the UK for more than 6 months);
    • a foreign national employer or their spouse, civil partner or child under the age of 18 (the person accompanying you must be seeking, or have been granted, a Visitor Visa, other than for the purpose of studies);
  • You will leave the UK at the end of 6 months in the UK, or at the same time as your employer, whichever is sooner;
  • You will not live for extended periods in the UK through frequent or successive visits;
  • You will not make the UK your main home;
  • You can and will be adequately maintained and accommodated without recourse to public funds;
  • You do not fall for refusal under the general grounds for refusal.

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

To discuss your Overseas Domestic Worker visa application with one of our immigration barristers, contact our Overseas Domestic Worker visa lawyers on 0203 617 9173 or complete our enquiry form below.

Who Is an Overseas Domestic Worker?

There is no definition of ‘overseas domestic worker’ in the Immigration Rules.  However, it is Home Office policy to treat overseas domestic workers as including cleaners, cooks, chauffeurs, nannies or other persons providing a personal service to an employer and their family.

Documents Required for an Overseas Domestic Worker Visa Application

UK Visas & Immigration will expect all of the above requirements to be demonstrated through comprehensive supporting documentary evidence.

The documents required for an Overseas Domestic Worker visa application will include, but are not limited to, a letter from your employer confirming your employment as a domestic worker, other evidence of your employment such as a contract of employment, payslips or bank statements showing payment of salary and written confirmation that you have agreed to the terms and conditions of your employment.   

The exact documents required may vary depending on your personal circumstances.  You may wish to consult an immigration lawyer for professional legal advice.

Duration of an Overseas Domestic Worker Visa

If your application for an Overseas Domestic Worker visa is successful you will be granted permission to enter the United Kingdom for a period of 6 months.

You will be expected to return home before the expiry date of your visa or when your employer returns home, whichever is sooner.

Conditions of Stay on an Overseas Domestic Worker Visa

If your application for an Overseas Domestic Worker visa is approved, you will be granted permission to stay in the UK for a maximum of 6 months.

You will be permitted to work as an Overseas Domestic Worker, but will not be permitted to undertake any other work.

You will not be permitted to access public funds.

Overseas Domestic Workers and Change of Employment

Overseas Domestic Worker visa holders are permitted to change employers during their stay in the UK.  It is not necessary to notify the Home Office of any such change.  However, any change of employment may only take place during the validity of the visa.

Switching into the Overseas Domestic Worker route

It is not possible to switch into the Overseas Domestic Worker route from within the UK.  An application for an Overseas Domestic Worker visa must be made from outside the UK.

Extensions of Stay and Settlement as an Overseas Domestic Worker

It is not possible to extend an Overseas Domestic Worker visa or qualify for settlement in the UK via the Overseas Domestic Worker route.

Overseas Domestic Worker Visa Refusals

If your application for an Overseas Domestic Worker visa is refused then you may be able to seek an Administrative Review of an error in the decision.  You may wish to speak to an immigration lawyer for expert legal advice.

How Our Immigration Barristers Can Help

Our team of business immigration barristers has experience in assisting with all types of visa applications. Our barristers are experts in the immigration options for Overseas Domestic Worker Visa applicants and will guide you through the complex Home Office rules and policies.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to Overseas Domestic Worker Visa applicants as part of a professional and friendly service.

We can also assist with

  • Applications for Tourism and Leisure Visit Visas

    The Tourism and Leisure Visit Visa is designed for individuals who wish to come to the UK for the purpose of visiting friends and family or for a short holiday.

    In order to be granted a Tourism and Leisure Visit Visa, you will need to satisfy UK Visas and Immigration that you are a genuine visitor. This means that you:

    • Will leave the UK at the end of your visit;
    • Will not live in the UK for extended periods through frequent or successive visits, or make the UK your main home;
    • Are genuinely seeking entry for a purpose that is permitted by the visitor routes and will not undertake any prohibited activities;
    • Have sufficient funds to cover all reasonable costs in relation to your visit without working or accessing public funds.

    The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

  • Applications for Business Visit Visas

    The Business Visit Visa is designed for individuals who wish to come to the UK for a short stay for the purpose of undertaking business activities.

    In order to be granted a Business Visit visa, you will need to satisfy UK Visas and Immigration that you are a genuine visitor. This means that you:

    • Will leave the UK at the end of your visit;
    • Will not live in the UK for extended periods through frequent or successive visits, or make the UK your main home;
    • Are genuinely seeking entry for a purpose that is permitted by the visitor routes and will not undertake any prohibited activities;
    • Have sufficient funds to cover all reasonable costs in relation to your visit without working or accessing public funds.

    The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

  • Applications for Skilled Worker Visas

    The Skilled Worker Visa is open to individuals of all nationalities (except British and Irish) who have an offer of an eligible skilled job in the UK from a Home Office-approved sponsor.  The route can lead to settlement and applicants can be joined by dependent partners and children.

    In order to qualify for a Skilled Worker Visa, you will need to satisfy UK Visas and Immigration that:

    • You are aged 18 or over;
    • You have a valid Certificate of Sponsorship for the job you are planning to do;
    • Your job offer is a genuine vacancy;
    • Your sponsor has paid any required Immigration Skills Charge;
    • Your job is at an appropriate skill level;
    • You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0);
    • You will be paid a salary which equals or exceeds both a general salary threshold and the ‘going rate’ for the occupation;
    • You have enough money to support yourself without relying on public funds;
    • You have provided a criminal record certificate, if required; and
    • You have provided a valid TB certificate, if required.

    The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

  • Fresh applications, Administrative Reviews and Judicial Review for Overseas Domestic Workers

    If your application for entry clearance as an Overseas Domestic Worker migrant has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.

    If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.

    If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.

WHAT CAN WE HELP YOU WITH?

To discuss your Overseas Domestic Worker visa application with one of our immigration barristers, contact our Overseas Domestic Worker visa lawyers on 0203 617 9173 or complete our enquiry form below.




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