(Rules Paragraphs 159A – 159H) 

The Rules allow for the entry of a domestic worker to work in a private household without a work permit.

Prior entry clearance is mandatory.

Period of previous employment
The purpose of the 12 month minimum period of previous employment with the employer (or the employer's spouse, civil partner, unmarried partner or minor child forming part of the same household) is to ensure that there is a genuine existing employer/employee relationship and to prevent the recruitment of overseas domestic workers by people in the UK.

A short gap in the 12 months does not necessarily disqualify the applicant unless it indicates the lack of a genuine existing employer/employee relationship.

Terms of employment
Prior to coming to the UK, a domestic worker must have been carrying out duties in a private household i.e. under the same roof of the person receiving the services or working in a household that the employer uses for himself/herself on a regular basis and where there is evidence that there is a connection between employer and employee.

There is no objection to the employer's company paying for the domestic worker if it is part of his/her employment package. Nor do we object if the employer pays the domestic worker through his/her own business as an employee of that business, provided that the employment is confined to the employer's private household.

Job description
The standard of work no longer has to exceed the basic level of domestic work set out in the International Standard Classification of Occupations. Overseas domestic workers may include cleaners, chauffeurs, gardeners, cooks, those providing personal care for the employer or a member of the employer's family and nannies if they are providing a personal service relating to the running of the employer's household.

Travel arrangements
The domestic worker is expected to travel to the UK with the employer, the employer's spouse/civil partner or the employer's minor child. However, a domestic worker may be granted entry clearance if travelling independently, provided that there is no excessive time lapse and satisfactory evidence e.g. a letter from the employer, is produced explaining why he/she is travelling alone. He/she may also travel with other members of the employer's immediate family (e.g. a parent) provided that they form part of the employer's household.

Maintenance and accommodation
The employer must sign a written undertaking (Annex 18.3)[ ADD to FORMS] that he will maintain and accommodate the employee adequately and provide him/her with a separate bedroom if living in. Domestic workers are not required to live in the same dwelling as the employer. However, if this is not the case, care should be taken to ensure that either the employer intends to pay for the accommodation or that the domestic worker's wages are sufficient to cover the expense.

Statement of terms and conditions of employment
The employer must also complete and sign a statement of the main terms and conditions of the domestic worker's employment (Annex 18.3).

 Chapter 18 - Annex 3: Undertaking to be signed by employers of Overseas Domestic Workers

After entry
Domestic workers, including those accompanying visitors, are allowed to change employers once in the UK provided that they are still employed in a domestic capacity in a private household. They are asked to inform the Home Office if they do so. There is provision in the Immigration Rules for extensions of stay to be granted for periods of up to 12 months, and for indefinite leave to remain to be granted after a continuous period of 4 years in the category. There is also provision for spouses, civil partners, unmarried or same-sex partners, and dependent children to be granted leave to remain in line with the overseas domestic worker.

Entry clearance endorsements
The entry clearance should be endorsed "D: FOR EMPLOYMENT AS A DOMESTIC WORKER IN A PRIVATE HOUSEHOLD FOR UP TO 12 MONTHS",

or, if the employer is visiting the UK, "D: FOR EMPLOYMENT WITH A VISITOR AS A DOMESTIC WORKER IN A PRIVATE HOUSEHOLD FOR UP TO 180 DAYS".

Conditions of stay are Code 4. However, the endorsement should not state "TO WORK WITH (NAME OF EMPLOYER)". Although domestic workers are allowed to change employers (see 'After entry' below), the Code 4 condition "CHANGES MUST BE AUTHORISED" should remain.

Relevant foreign nationals who are granted entry clearance for longer than six months should be required to register with the police. (Refer to Paragraph 325(2)(i) of the Immigration Rules).

Refusals/Appeals
Refusal of entry clearance as a domestic worker in a private household attracts a right of appeal except where the applicant does not meet the age requirements.

Information leaflet
Where an interview is appropriate, applicants should be interviewed on their own, at least on their first application, to establish that they understand the terms and conditions of the employment and are willing to go to the UK. Successful applicants should be given the website address www.direct.gov.uk for information explaining their rights under the UK's criminal and employment laws.

The National Minimum Wage
The employer should be asked to provide a brief statement to the effect that he will comply with UK legislation on the National Minimum Wage once in the UK. However, a refusal cannot be maintained on the basis that the employer does not comply with this request as domestic workers are exempt from this act. The following websites will be useful:

www.dti.gov.uk/employment/pay/national-minimum-wage/index.html
www.hmrc.gov.uk

Enquiries from Posts: nmw@hmrc.gov.uk

Spouses/civil partners (Rules194 – 196F) and dependant children (Rules 197 – 199) of overseas domestic workers in private (not diplomatic) households

Prior entry clearance is mandatory.

Endorsement
Entry clearances should be endorsed ‘D: ACCOMPANYING/JOINING WIFE/HUSBAND/ PARENTS’. Code 1 for a period normally equal to, but in any event not in excess of that granted to the spouse/parent.

Relevant foreign nationals who are granted leave to enter for longer than six months should be required to register with the police. (Refer to Paragraph 325(2)(i) of the Immigration Rules).

Unmarried or same-sex partners: (Rules Paragraph 295J )

Prior Entry Clearance is mandatory.

Endorsement
Dependants should be granted leave on Code 1 if the employer is not a visitor, or code 3 if he/she is a visitor, and for a period in line with the domestic worker.

Refusals/Appeals
Refusal of entry clearance as the dependant of a Domestic Worker in a private household attract a full right of appeal, except where the principal applicant has themselves had their application for entry clearance refused.

 Chapter 18 - Annex 3: Undertaking to be signed by employers of Overseas Domestic Workers