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Overseas domestic workers (INF 17)

Guidance - Overseas domestic workers (INF 17)
Last updated 16 July 2008

This guidance explains what you need to know if you want to come to the United Kingdom (UK) with your employer as a domestic worker, and what the Immigration Rules say. It is only a guide but it aims to answer some common questions.

How do I qualify as a domestic worker in a private household?
You must be able to show evidence for the following.

  • You are aged over 18.
  • You have been working as a domestic worker in the same house as your employer for at least one year immediately before your application, or you have been working in a household that your employer uses regularly for themselves for at least one year immediately before your application, and you can show that there is a connection between you and your employer.
  • You intend to travel to the UK with your employer, your employer’s husband, wife, civil partner, eligible partner or your employer’s child who is under 18.
  • You intend to work full-time as a domestic worker in the same house as your employer, or in a household that the employer uses regularly for himself or herself, and you can show that there is a connection between you and your employer.
  • You do not intend to work in the UK except as a domestic worker.
  • You can support yourself (as confirmed by your employer) without needing help from public funds.

You are a domestic worker if you are providing a personal service linked to the running of your employer's household. Examples include chauffeurs, gardeners, cooks and nannies.
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Do I need a work permit?
You do not need to get a work permit if you are a domestic worker in a private household.
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Do I need a visa?
Yes. You need to get a visa before you travel to the UK.
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What is a visa?
A visa is a certificate that is put into your passport or travel document by an Entry Clearance Officer at a British mission overseas. The visa gives you permission to enter the UK.

If you have a valid UK visa, we will not normally refuse you entry to the UK unless your circumstances have changed, or you gave false information or did not tell us important facts when you applied for your visa.

When you arrive in the UK, an Immigration Officer may ask you questions, so take all relevant documents in your hand luggage.
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How do I apply for a visa?
You can apply in a number of ways, for example by post, by courier, in person and online. The visa section will tell you about the ways in which you can apply.

Some visa sections will only accept applications made online. To find out if you can apply for your visa online please visit www.visa4uk.fco.gov.uk

If you cannot apply online you will need to fill in a visa application form. You can download the form from this website, or get one free of charge from your nearest visa application centre.

You should apply for an overseas domestic worker visa in the country of which you are a national or where you legally live.

In some countries, if you are applying for a visa to stay in the UK for more than six months, you may need to be tested for active tuberculosis before we will accept your application. You can find out if you need to be tested by using our Do I need a visa? questionnaire on the homepage of this website, or by contacting your nearest visa application centre.
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What are visa application centres?
In some countries, we are working with commercial companies to run visa application centres (VACs). The VACs are in largely populated areas, making it easier and more convenient for people to apply for a UK visa. Trained staff at each VAC deal with all visa enquiries and applications. They collect your biometric information (see the relevant section of this leaflet) along with the relevant fees, and provide information on the application process, including whether or not you have included all the necessary documents. Entry clearance staff at the British mission will then consider your application and decide whether to issue or refuse your visa. VAC staff have no say in this decision.
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What will I need to make my application?
You will need to make your application online or fill in the following visa application form: 

  Application form VAF2 - Employment
  Employment form guidance notes

You will also need the following.

  • Your passport or travel document.
  • A recent passport-sized (45mm x 35mm) colour photograph of yourself.
    This should be:
    • taken against a light coloured background
    • clear and of good quality, and not framed or backed
    • printed on normal photographic paper, and
    • full face and without sunglasses, hat or other head covering unless you wear this for cultural or religious reasons (but the face must not be covered).
  • The visa fee. This cannot be refunded, and you must normally pay it in the local currency of the country where you are applying.
  • Supporting documents relevant to your application.

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What is 'biometric' information?
All UK visa applicants, save for those benefiting from a limited number of exemptions and exceptions, are required to provide biometric data (10-digit finger scans and a digital photograph) as part of the application process.

You will have to go to your nearest visa application centre in person to provide your biometrics. In those countries where there is no visa application centre, you will need to go to the British mission.

Your visa application will not be processed until you have provided the necessary biometric information. The finger scans are electronic so staff do not need to use any ink, liquid or chemicals. You will have your digital photograph taken at the same time and the whole procedure should take no more than five minutes to complete. You should make sure that you do not have any decoration (such as henna), or any cuts or other markings on your fingertips before having your finger scans. You should also make sure that if you have any cuts and bruises on your face, they have healed or disappeared before you have your photograph taken. Digital photographs must be of your full face and you should not wear sunglasses, a hat or any other head covering (unless you wear it for cultural or religious reasons but the face must not be covered).
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What supporting documents should I include with my application?
You should include all the documents you can to show that you qualify for entry to the UK as an overseas domestic worker. If you do not, we may refuse your application.

As a guide, you should include:

  • written confirmation from your employer that they will support you and give you somewhere to live, and
  • a written copy of your main terms and conditions of employment,
  • documentary evidence that you have been employed for one year or more by your sponsor for example an original contract of employment and payslips.

Undertaking to be signed by the employers of overseas domestic workers in private households in the UK
Statement of the terms and conditions of employment of an overseas domestic worker in a private household in the UK

We will refuse your application if we find that any documents are false.
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What will happen when I make my application?
The Entry Clearance Officer will try to make a decision using your application form and the supporting documents you have provided. If this is not possible, they will need to interview you.

Please check your visa when you get it. You should make sure that:

  • your personal details are correct
  • it correctly states the purpose for which you want to come to the UK, and
  • it is valid for the date on which you want to travel. (You can ask for it to be post-dated for up to three months if you do not plan to travel immediately).

If you think there is anything wrong with your visa, contact the visa section immediately.
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What are public funds?
As a domestic worker, you must be able to support yourself and live without claiming certain state benefits. A full list of public funds is available on the UK Border Agency website.

You can find more information about public funds in the Immigration Directorate Instructions (IDIs) and Immigration Rules on the UK Border Agency website.
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How long can I stay in the UK as a domestic worker?
When you apply to come to the UK as a domestic worker, we will normally give you permission to stay for up to six months if your employer is coming to the UK as a visitor. If your employer plans to live here for longer, we will normally give you permission to stay for up to 12 months. The visa in your passport tells you the date your permission to stay ends.

Before your permission to stay ends, you must either:

  • start to make arrangements to leave the UK, or
  • apply to the Home Office in the UK to stay longer.

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How do I apply to stay longer?
The UK Border Agency will deal with your application to stay longer. You should contact them for advice. Their contact details are under 'More advice and information' at the end of this guidance. The UK Border Agency will charge a non-refundable fee for any extension application.
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Can I come back to the UK if I travel abroad?
You can normally come back to the UK to finish your stay if you can show that you are still employed as a domestic worker in a private household. You should have a letter from your employer saying that they will continue to employ you when you return to the UK.
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Can I bring my husband, wife or partner and children with me?
Your husband, wife or eligible partner and children under 18 years of age can join you in the UK if:

  • they have a visa for this purpose, and
  • you can support them and live without needing any help from public funds.

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Can my employer keep my passport?
Your passport is your proof of your permission to stay in the UK. You should keep it yourself in a safe place. If your employer is holding your passport without your permission and refuses to return it, you should report this to the police and your embassy or diplomatic mission.
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What should I do if my employer leaves the UK?
If you are travelling with your employer on a visit to the UK, we expect you to leave with them.

If your employer is living in the UK, you do not need to go with them on trips abroad as long as they are still based in the UK and are going to return. However, if your employer leaves the UK permanently, we expect you to leave with them.
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More advice and information

For overseas domestic workers who need confidential support and advice in the UK contact:

Kalayaan UK St. Francis of Assisi Community Centre
13 Hippodrome Place
London W11 4NQ
Telephone: (+44) (0)20 7243 2942
Email: info@kalayaan.org.uk
Website: www.kalayaan.org.uk

For information on employment rights contact:

Transport & General Workers Union (TGWU)
128 Theobalds Road
Holborn
London WC1X 8TN
Telephone: (+44) (0)20 7611 2500
Fax: (+44) (0)20 7611 2555
Email: tgwu@tgwu.org.uk
Website: www.tgwu.org.uk

Where can I get immigration advice?

If you need help with your application or advice about the UK’s immigration rules and requirements, you should seek advice from a qualified immigration adviser.  In the UK these are immigration advisers regulated by the Office of the Immigration Services Commissioner (OISC– www.oisc.gov.uk) or legally qualified professionals regulated by designated professional bodies.  The Law Societies of England, Wales, Scotland and Northern Ireland and the Institute of Legal Executives can provide a list of Law Firms who can advise on immigration matters.  Their websites are:

Law Society of England and Wales

Law Society of Scotland

Law Society of Northern Ireland

Institute of Legal Executives

For more advice and information about extending your stay once you are in the UK:

The UK Border Agency
Croydon Public Caller Unit
Lunar House
40 Wellesley Road
Croydon CR9 2BY
Phone: (+44) (0)870 606 7766 (general enquiries)
Phone: (+44) (0)870 241 0645 (application forms)
Email: indpublicenquiries@ind.homeoffice.gsi.gov.uk
Website: www.ukba.homeoffice.gov.uk

For advice on bringing personal belongings and goods into the UK contact: 

HM Revenue & Customs
Dorset House
Stamford Street
London SE1 9PY
Phone: (+44) (0)845 010 9000
Website: www.hmrc.gov.uk

Drugs warning
Anyone found smuggling drugs into the UK will face serious penalties. Drug traffickers may try to bribe travellers. If you are travelling to the UK, avoid any involvement with drugs.

False documents
It is better to explain why you do not have a document than to submit a false document with an application. Applicants will be automatically refused and may be banned from coming to the UK for 10 years if they use a false document, lie or withhold relevant information.  They may also be banned if they have breached immigration laws in the UK.

Travellers to the UK who produce a false travel document or passport to the UK immigration authorities for themselves and/or their children are committing an offence. People found guilty of this offence face up to two years in prison or a fine (or both).

Further information

 

The official British Government website for visa services

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