Chapter 18 – Entry for non-work permit employment

18.3 - Au pairs (Rules Paragraphs 88-9)

Purpose of the au pair scheme
An au pair placement, as defined in Paragraph 88 of the Rules, is an arrangement whereby a young person comes to the United Kingdom:

• to learn English; and
• lives for a time with an English speaking family with appropriate opportunities for study;and
• helps in the home for a maximum of 5 hours a day in return for a reasonable allowance with two free days per week.

A person can live in the UK as an au pair for a maximum of two years. The two year period runs from the effective date of the entry clearance. Leave may not be aggregated if an au pair leaves and re-enters the UK.

There is no provision for spouses/civil partners and dependants to join or accompany an au pair.

Only nationals from the following countries may qualify.

Andorra	Macedonia*	Bosnia-Herzegovina*
The Faroes	Croatia*	Greenland
Monaco	San Marino	Turkey*
*Prior entry clearance is mandatory

Entry clearance requirements
The requirements of the Immigration Rules for those seeking entry clearance as an Au Pair are set out in Paragraph 89 of the Rules.

Age Limits
An au pair must be aged 17 but not have reached age 28. Applications may be accepted from those under 17 but entry clearance may not be issued until the applicant is 17. Visas may be issued to those who applied whilst 27 years of age but who then reached 28 at the time of issue.

The host family
A letter of invitation from the host family confirming the placement and describing the arrangements, for example, details of the host, family duties, pocket money and arrangements for study, should normally be requested.

The host family need not consist of a wife, husband, civil partners and children but a person living alone cannot be considered as a family for the au pair rules. The rules do not prevent a host family from having more than one au pair at the same time provided that each placement meets the full requirements.

The family must be resident, though not necessarily settled, in the UK and be English-speaking (i.e. English should be the normal language within the family circle). If you have any doubts about a case, e.g. where the au pair wishes to live with a family of the same national origin or mother tongue, you should contact the prospective hosts direct for an explanation.

Where there is a family relationship between the au pair and the hosts, care should be taken to ensure that all aspects of the arrangement are satisfactory and, in particular that the au pair is coming for the purpose of learning English and not to work as a full-time child-minder.

Acceptable Arrangements
In addition to the arrangement in Paragraph 88 of the Rules:

• an au pair should be free to attend religious services as well as language classes if he/she wishes;
• he/she should have free board and lodging and the use of their own room;
• he/she may also be expected to baby-sit for up to two nights a week; and
• the "reasonable allowance" referred to in Paragraph 88 (c) should be up to £55 a week. Any sum significantly in excess of this might suggest that the person is filling the position of domestic servant, or similar, which would require a work permit.

Note: "Au Pair Plus" arrangements may involve more than 25 hours helping about the home. This is not suitable for au pairs who are in the UK under the au pair scheme as it exceeds the requirements of the Rules.

Au pair agencies
Au pair agencies no longer have to be licensed under the Employment Agencies Act 1973. They must however comply with the provisions of that Act.

You should refer any complaints about such agencies through the ECO Support mail box who will then forward the information to the Managed Migration Policy Unit (MMPU) of the Border and Immigration Agency via the ECO Support box.

Entry clearance endorsement
Visas in this category should be endorsed ‘D: EMPLOYMENT AS AN AU PAIR WITH’. LTE 2 YEARS CODE 4.

Leave to enter should begin on the date the applicant is due to arrive in the UK.

Note: Turkish nationals seeking entry clearance for over six months must register with the police

Refusal/Appeals
refusal of entry clearance as an au pair attarcts a full right of appeal except where the applicant does not meet the age requirements.

Back to Chapter 18