The requirements are set out in paragraph 159A of the Immigration Rules which provides:
(i) is aged 18-65 inclusive;
(ii) has been employed as a domestic worker for one year or more immediately prior to application for entry clearance under the same roof as his employer or in a household that the employer uses for himself on a regular basis and where there is evidence that there is a connection between employer and employee;
(iii) that he intends to travel to the United Kingdom in the company of his employer, his employer's spouse or civil partner or his employer's minor child;
(iv) intends to work full time as a domestic worker under the same roof as his employer or in a household that the employer uses for himself on a regular basis and where there is evidence that there is a connection between employer and employee;
(v) does not intend to take employment except within the terms of this paragraph; and
(vi) can maintain and accommodate himself adequately without recourse to public funds; and
(vii) holds a valid United Kingdom entry clearance for entry in this capacity.
Duration
Applicants will be given permission to stay in the UK for a maximum of 12 months.
Extension of stay
Applicants can apply to extend their stay in the United Kingdom for another 12 months, provided they are still employed as a domestic worker.
Applicants need to complete application form FLR (BID). They also need to apply for a compulsory identity card for foreign nationals as part of their application.
Applicants should make their application before their permission to stay in the United Kingdom ends.
Supporting documents
· Applicant’s passport;
· A letter from the applicant’s employer confirming that they want to continue employing the Applicant;
· A letter from the applicant’s employer (signed by employer and the applicant) outlining the main duites and obligations of both the applicant and the employer under the contract
· Conditions of the employment - these must include the duties, rate of pay and hours of work;
· A letter from the employer confirming that they will comply with United Kingdom law on the national minimum wage ; and
· Evidence confirming that the applicants can maintain and accommodate themselves without recourse to public funds will
Changing employer
An applicant can change employer as long as the new job is as a domestic worker in a private household. However the applicant will have to inform the Home Office of the change.
Dependants
Successful applicants will be entitled to bring their spouse/unmarried/civil partner/same-sex partner and children under the age of 18 to the UK provided that they can support them during their stay here. The dependants will be eligible to work in the UK.
To be considered as unmarried or same-sex partner, the Applicant’s partner must have been living with the Applicant in a relationship akin to marriage for the last two years. They must be intending to continue to live together in the United Kingdom, and they will need to show that any previous marriage or similar relationship by either of you has permanently broken down.
Indefinite leave to remain for a domestic worker in a private household
The requirements are set out in paragraph 159G of the Immigration Rules which provides:
159G. Indefinite leave to remain may be granted, on application, to a domestic worker in a private household provided that:
(i) he has spent a continuous period of 5 years in the United Kingdom employed in this capacity; and
(ii) he has met the requirements of paragraph 159A throughout the 5 year period; and
(iii) he is still required for employment as a domestic worker in a private household, as certified by the current employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
For further information or for a case specific evaluation, please contact us on 0207 569 3035 or alternatively at info@ergensharif.co.uk .