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Domestic Workers

Domestic Worker Visa, Entry Clearance, Extension, Dependants, ILR

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On April 2012, the immigration rules for domestic workers in private households changed drastically.

As long as the domestic worker's services are needed, he or she is allowed to remain in employment while travelling with their employer to the UK and this occurs before the rules were amended. In order to guarantee protection from exploitation and abuse, at a certain point in time the domestic worker's right to change employment had been introduced into the Immigration rules. After five years, the Domestic Workers are permitted to remain in the UK.

The domestic workers are divided into two separate categories due to the amended immigration rules in April 2012 and these categories are:

  • Those domestic workers who came into the UK under the immigration rules that were in place before the 6th of April 2012 and;
  • Those domestic workers who came into the UK under the new amended rules.

NOTE: After five years of service, those individuals under the first category still enjoy more substantial provisions such as being allowed an extension of stay or indefinite leave to remain (ILR).

According to the rules posted on April 2012, the domestic worker in a private household is not permitted to enter the UK beyond six months, he or she is also not allowed to switch employers and not permitted to prolong their leave to remain for more than six months.

Additionally, permitted employers (British or EEA Nationals), in concurrence with the new rules limits but allows them to bring their domestic workers to the UK if the domestic workers are travelling to the UK for visits not exceeding six months. Non-EEA nationals are also allowed to bring their domestic workers to the UK as visitors, as parents of a child in school, as visitors for private medical treatment or as prospective entrepreneurs but not as Tier 1 Investors, Tier 2 migrants or entrepreneurs.

The following are the general visa requirements for domestic workers which remains unaffected:

  • The domestic workers must be between the ages of eighteen and sixty-five;
  • Prior to applying for an entry clearance or visa into the UK, the domestic worker must have been employed for not less than a year by the employer's household;
  • The domestic worker is required to travel in the company of the employer, the employer's child or the employer's spouse when entering the UK;
  • The domestic worker must have agreed to the writing terms of employment;
  • In agreement with the national minimal wages legislation, the payment of the domestic worker must be undertaken by the employer.
  • Any other form of additional employment should not be undertaken by the domestic worker.

Entry Clearance As Domestic Worker

This category (Domestic Worker) grants the employer the permission to bring his/her domestic workers with them while they visit the United Kingdom for up to six months. The domestic worker must be a recognised and generally accepted member of staff of the said employer; also he/she must have worked with the employer for a minimum of one year before making the visa application. The rules for domestic workers changed on 6 April 2012.

The individual is expected to take up full-time work with the employer (in his place of residence whilst in the UK).

The individual is required to have a written undertaken that clearly state the terms and conditions of the individual appointment; it should also state that the employer is willing to meet all the requirements of the UK law concerning the national minimum wage for employees.

The applicant is expected to enter the United Kingdom with:

  • His/her employer who is a national of the United Kingdom or a citizen of an European Economic Area (EEA) mainly resided outside the UK, with the intention of spending no more than six months in the United Kingdom.
  • The Wife, husband, civil partner or child of the employer who is also a national of the United Kingdom or a citizen of a European Economic Area (EEA).
  • The Wife, husband, civil partner or child of the employer who is also a national of the United Kingdom or a citizen of an European Economic Area (EEA) with the intention of spending no more than six months in the United Kingdom.
  • An individual who is an overseas employer or any of his dependant, who has been granted a Visitor's Visa for entry into the United Kingdom.

The individual is expected:

  • To be between the age of 18 and 65;
  • To have the intention to vacate the UK simultaneously as the employer or on the elapse of 6 months, whichever comes first;
  • Not to take up employment whilst in the UK unless the job with the employer for which he/she was granted entry (i.e. Domestic Worker).
  • To be financially capable to cater for accommodation needs and daily support for themselves (including any dependant) without seeking for public funds;

The individual will be required to make available the following whist making the application:

  • A signed Undertaking by the employer;
  • A written statement that contains the terms and conditions attached to the job, stating also that the employer is willing to abide by the national minimum wage law of the United Kingdom.

To elaborate clearly, domestic workers in this case can be cleaners, chauffeurs, cooks, nannies, and other individuals who provide personal care for their employer or his/her dependants. The individual is expected to take up work only in the employer's residence whilst in the United Kingdom.

The domestic worker will usually be issued entry into the UK for not more than six months; of which he/she is expected to vacate the United Kingdom on the expiry of his/her permit or when the employer leaves the UK, whichever comes first. The individual is not eligible for an extension on expiry of the granted leave of entry to either the employer or the domestic worker; by the Home Office, UKBA.

The domestic worker is not permitted to change employer or change type of employment whilst he/she is resided in the United Kingdom. He/she is also not permitted to bring dependants along while coming but the dependant may choose to make an application as an individual like the Visitor's Visa category if the wish to come to the UK.

Domestic Worker Visa Extension

This category (the domestic workers in private households) came into existence in the Immigration Rules on the 18th of September 2002, although it previously existed outside the Immigration Rules, due to excessive demands for the route it was introduced in the Immigration Rules. Established domestic workers were permitted to receive leave under the rules to follow their employer to the United Kingdom for at most a period of 12 months at a particular time; they are however eligible to make an application for Indefinite Leave to Remain in the United Kingdom if they successfully complete five years of legitimate residence in the UK. Domestic Workers were permitted by the rules to be able to switch employer whilst in the United Kingdom as long as they will still be employed as domestic workers and they continue to fulfil the required criteria for the category.

Improvements made to the Immigration Rules on the 6th of April 2012 placed a restriction on admittance into this category to those accepted domestic workers who are to travel along with their employer whose purpose is visitation in the UK. This change in the Immigration Rules resulted to granting leave to the domestic worker for at most six months wherein he/she is not permitted to change employer; applicable to all applications made on or after the 6th of April, 2012. More so, domestic workers who have already been in the UK before this date can make applications for ILR if they have spent five lawful years in the UK and have fulfilled all requirements of the Rules.

ILR Domestic Worker

Individuals who have gone into the United Kingdom in accordance to the requirements of the domestic workers rules and the Immigration Rules in existence before the 6th of April 2012, he/she can make an application for Indefinite Leave to Remain in the UK after successfully spending five years of employment under this route.

The Indefinite Leave to Remain (ILR) might be conferred on the domestic worker in a private household applicant as long as:

  • He/she under this category has successfully spent five years continuously in the UK.
  • He/she has continuously fulfilled the criteria as required in paragraph 159A of the Immigration Rules during the course of residence.
  • He/she is continuously needed for employment as a domestic worker as established by the present employer.
  • He/she is working full time for one employer.
  • He/she can fulfil the knowledge of life in the UK criteria as well as English Language requirement.
  • He/she does not have any pending sentence that is within the definition of the Rehabilitation of Offenders Acts 1974

Dependants Of Domestic Worker

The immigration rules have narrowed the definitions of who a dependant is to a partner or child of the main applicant; in this case a domestic worker. Please informed that children of the main applicant will only be deemed to be dependants only if they are under the age of 18. Children over the age of 18 will still be deemed as dependants if they became over 18 in the UK.

Entry Clearance As Dependants Of Domestic Worker

In order to be eligible for entry clearance as a dependant of a domestic worker, both parties have be aged over 18 as at the day they are due to arrive the UK. This however does not include child dependants. We have established above that child dependants must be under the age of 18 except where they became 18 or over whilst as a dependant in the UK.

In addition, where a child is born to a person on a dependant visa, such a child can also make an in-country application as a dependant.

Switching

Applicants can now make an applications to switch in-country to a dependant of a Domestic worker since the rules changed on the 1st of October, 2013. A major exception to switching under this category is where the individual is in the country as a visitor or on a temporary admission or release.

Extension Of Stay - Dependant Of A Domestic Worker

If you are currently in the UK under the Dependant of a Domestic worker route, at the expiration of you current leave you would be able to extend your leave; most especially in line with the main applicant.

Indefinite Leave To Remain As Dependant Of A Domestic Worker

If you were granted leave to remain in the UK as a Dependant of a domestic worker before the 6th of April 2012, you will be able to apply for settlement if you have resided in the UK for 2 years as a dependant of a Domestic worker and your sponsor (main applicant) has been granted indefinite leave to remain in the UK. However for applications after that period, they will need to wait for 5 years under the dependant of a domestic worker route in order to qualify for settlement.

FAQs

  • Once an individual has made an application for a Domestic Worker visa in conformity with the rules in existence on the 6th of April 2012, he or she is not eligible to make an extension for stay for more than six months because six months is the maximum period that a domestic worker is permitted to stay in the UK.
    For a domestic worker who has been issued entry in compliance with the Immigration rules of present prior to the 6th of April 2012, he or she is permitted to seek for extension of stay which would not be more than 12 months.
  • If you have been issued entry into the country under the Domestic Worker category in accordance to the Immigration Rules in place on the 6th of April 2012, and you have successfully completed five years of residence in the country as a Domestic Worker, you are permitted to apply for Indefinite Leave to Remain (ILR).
  • It is a compulsory conditions that any individual who seeks entry as a Domestic Worker must be cleared from his/her country of nationality. For the above stated reason, a switch is not possible for the Domestic Worker category. However, if you were issued a visa in accordance to the Immigration Rules in place prior to the 6th of April 2012, you can make an application to extend your stay in this category.
  • Yes. On the condition that the visa held was issued in line with the Immigration Rules in existence before the 6th of April 2012. You may change employer from inside the sound try but you are however required to inform the UKVI of this change.

Reiss Edwards Awards

ACQ5 Awards Award
Lexis Nexis
Three Best Rated
Department For International Development
University Of Cambridge
ACQ5 Awards Award ACQ5 Awards Award
Lexis Nexis Lexis Nexis
Three Best Rated Three Best Rated
Department For International Development Department For International Development
University Of Cambridge University Of Cambridge

O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

Isaac .T

"Professional service. I was very impressed with the fact that my ILR application was successful 6 weeks after the submission amidst the COVID-19 pandemic. I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application".

Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee. I would heartily recommend them to anyone looking to secure a Visa and /or Visa renewal. I will use them again when mine needs to renew. Great value".

Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A massive thank you to Anna Foley.

I have had a really tough time with getting my husband’s visa. My last immigration lawyer made many mistakes that caused stress, disappointments and sadness.

I was weary about getting another lawyer as I thought I was going to go through the same experience but no, it turned out better than what I had hoped or even imagined.

What I received was: constant emails and calls updating me and asking if anything else is needed. If I called and they missed my phone call I would get a call back within 10 minutes. All of my documents were carefully checked and I would get a reply the next day if anything was missing or not correct. There were times that I was impatient and asked to just send the visa off, but was reminded that everything had to be perfect and correct before submitting the application. I was told about every option I had and discussed what the best would be. I was always spoke in a nice, calm, polite manner.

The overall intelligence of this team, especially Anna Foley for me, is outstanding. I am speechless. Anna done such an amazing job on my husband’s application that although we couldn’t apply for the fast service and was told to wait for 12 weeks, we got a reply within 5 weeks.

That alone shows what an amazing and talented team Reiss Edwards are. Thank you".

Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigration advice. I had the pleasure of speaking with Amar who has been very thorough in finding a solution to my enquiry, and followed up with additional information even after the consultation. I normally don't leave reviews, and this firm already has enough good reviews for me to need to my own anyways! However, in this instance, I do hope that my review can let anyone who reads it be aware that RE is a great choice, these people care enough to help you the best they can".

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Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into steps that are easy to follow. Cruised to 3 successive wins on my Tier 1 graduate/entrepreneurship visa which allowed us to play our part in making the UK a better and healthier place!".

Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy.

As a family, we are all grateful to Anna Foley and her firm Reiss Edwards, for doing all the hard work and giving us the best support. Finally We found the best law firm".

Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva the solicitor that was provided to us was a blessing in disguise, as our first solicitor was let go off due to pandemic. She was so supportive and understanding throughout the process, and my husband spouse visa was granted due to their effort and attention to detail. We constantly try to keep in touch with her and consider her as more of a friend now than a solicitor. Sure, to bother her and the firm more in the future".

Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team".

Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again. I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle".

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"I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them".

Top Notch Immigration Service

"Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them".

Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation".

Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly".

Richard Stone

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Fong Li

"Investing over 2 million pounds is definitely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind".

Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards".

Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards".

Salisu Ibrahim

"Fantastic Solicitors!!! My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them".

Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help".

Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

Read More

Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

Read More

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

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Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee...

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Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A mas...

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Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigrat...

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Zohaib Butt

"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija ...

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Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into st...

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Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy. As a family, we...

Read More

Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva th...

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Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recomme...

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Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listen...

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Hakeem Salam

"I used Reiss Edwards immigration lawyers to assist with my immigration matter a...

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Top Notch Immigration Service

"Reiss Edwards is a top notch immigration service company. The way they handled ...

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Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration...

Read More

Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They ac...

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Richard Stone

"I have just had British Citizenship application approved. Prior to making the a...

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Fong Li

"Investing over 2 million pounds is defintely not a routine decision. We had to ...

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Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my expe...

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Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a ...

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Salisu Ibrahim

"Fantastic Solicitors!!! My wife's spouse visa extension application was refused...

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Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people....

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