UK Visa for Overseas Domestic Workers: Rules, Requirements and Practical Guidance

The UK Six Month Domestic worker visa for overseas domestic workers was first introduced in 2002. While the immigration rules do not provide a strict definition of “domestic worker”, this route is most commonly used by nannies, cleaners, chauffeurs, cooks, personal carers and close protection staff.

Over the years, the route has been significantly altered. The most notable change came in 2012. Before April 2012, domestic workers could apply for extensions and even settlement. That is no longer the case for new applicants. The visa is now granted for a maximum of six months, although those who entered under the pre-2012 rules can still apply for extensions and settlement.

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Domestic Work in the UK

The main requirements are set out in Appendix Overseas Domestic Worker of the Immigration Rules. A summary is also available on gov.uk.

Two other appendices refer to domestic workers:

• Appendix Domestic Workers in a Private Household – for those extending their stay under the pre-2012 rules.

• Appendix Domestic Worker who is a Victim of Modern Slavery – for those recognised as victims of slavery or human trafficking, allowing them to stay in the UK for two years.

This article focuses only on the standard six month domestic worker visa, but you can contact Leena Chouhan on the details below for more information on all the types of visas.

To qualify, applicants must meet four key conditions:

1. Age – They must be at least 19 years old.

2. Employment history – They must have worked for their employer for at least one year before applying.

3. Length of stay – They must not plan to remain in the UK for more than six months.

4. Travel with employer – They must be coming to the UK with their employer, who must also not intend to stay for more than six months.

If these conditions are not met, the application will be refused.

Applicants must also be able to support themselves without public funds, meet the general grounds for entry, and apply for entry clearance before travelling to the UK.

The rules are straightforward: the applicant must be aged 19 or over on the date of application.

The domestic worker must have lived and worked in the same household as their employer, or in a property used regularly by the employer, for at least 12 months prior to the application.

Evidence must include a letter from the employer and one of the following:

• Payslips or bank statements showing salary payments

• Confirmation of tax paid

• Proof of health insurance

• Employment contract

• Relevant visa or residence permit from the country of employment

• Visa or passport stamp showing previous travel with the employer

Applicants must confirm they will leave the UK at the end of the six-month period or at the same time as their employer. They must not live in the UK for extended periods through repeated visits or make the UK their main home.

The term “frequent or successive visits” is not clearly defined in the current rules. Previous guidance warned against back-to-back visits that could indicate ongoing residence. The Home Office considers each case on its facts.

The applicant must travel with their employer, the employer’s spouse or civil partner, or the employer’s child. Employers can be:

• British nationals living overseas and visiting the UK for less than six months, or

• Non-UK nationals visiting the UK for less than six months.

Written Contract and Minimum Wage

The applicant and employer must sign a written contract in the format set out in Appendix Domestic Worker Statement. The contract must cover:

• Duration of employment

• Duties and working hours

• Holiday entitlement

• Employer responsibility for travel and visa costs

• Accommodation arrangements

• A ban on the employer retaining the employee’s passport

The contract must confirm the domestic worker will be paid at least the National Minimum Wage. If the Home Office is not convinced the employer intends to honour this, it can refuse the application.

Applications are made online. The  six month domestic worker visa fee is £682 and there is no immigration health surcharge, as the stay is under six months.

Visa holders cannot:

• Access public funds

• Study in the UK

• Work outside their domestic role

Only in limited cases such as if the original visa was for less than six months. Otherwise, the worker must leave the UK and apply again from overseas.

The route does not lead to settlement unless the worker is in the pre-2012 category.

Employers may explore other visa categories for trusted domestic staff. Examples include:

• Sponsoring study in the UK for the worker, enabling part-time work during term and full-time in holidays.

• Previously, the Tier 1 (Investor) route allowed domestic workers to remain if they invested £1 million in the UK, but this option is now closed.

In conclusion, the overseas domestic worker visa is highly specific, with strict limits on length of stay and purpose. Applications must be well-documented says the Home Office and fully compliant with the rules to avoid refusal. Moreover, employers should consider long-term visa strategy early, particularly if the worker’s services are required beyond the six-month limit.

For more information contact Leena Chouhan our Head of Immigration at leena.chouhan@taylorhampton.co.uk or call 00442074275972

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Disclaimer: This article provides general guidance only and does not constitute legal advice. Civil procedure rules and case law can change. Always seek professional legal advice tailored to your specific situation before acting.

Disclaimer: This article provides general guidance only and does not constitute legal advice. Civil procedure rules and case law can change. Always seek professional legal advice tailored to your specific situation before acting.