The UK Domestic Worker Visa provides an important pathway that allows employers to hire much-needed domestic workers who are legally allowed to be employed in the UK.
Individuals who have this visa can work in the UK on a temporary basis and their period of stay is limited to six months in every 12-month period. The employer must provide evidence of why they need a worker to fill the position and should provide a work contract that meets the minimum requirements of the UK immigration regulations.
Employers also have certain responsibilities towards the workers they bring into the UK, such as providing suitable accommodation and ensuring the welfare of their employees. In addition, employers are required to pay the correct salary and make sure that the worker’s rights are respected.
The purpose of the visa is to allow foreign domestic workers to come to the UK and provide services in a private home such as childcare, cleaning and cooking. The visa holder is usually employed by a private individual or family, rather than an employer or agency. The UK government has put in place rules and regulations for the protection of both the employee and the employer.
Employers must provide a contract of employment, which outlines the job duties, salary, working hours and holiday entitlements of the domestic worker. It is important that employers abide by the terms of this contract and treat their employee fairly. Domestic workers have rights to receive minimum wage, get rest breaks and days off, and not to be subjected to any form of harassment or discrimination.
In addition to providing protection for both employers and employees, the Overseas Domestic Worker visa also helps prevent illegal immigration. It is important that anyone coming to the UK to work as a domestic worker obtains a valid visa before they travel. Failure to do so could result in a hefty fine or even deportation.
What is the Eligibility Criteria?
If you want to apply for an Overseas Domestic Worker visa, you must meet certain criteria. You must:
-
- Be 18 or over
-
- Have a valid passport
-
- Be able to speak English
-
- Have a valid work permit
-
- Have the skills and experience necessary to do the job
-
- Not be a security risk to the UK
-
- Have a sponsorship from an employer in the UK. In addition, your sponsor must be able to provide accommodation and employment terms that meet the UK’s minimum standards for overseas domestic workers. The visa is also subject to financial requirements, such as providing evidence of sufficient funds to maintain yourself during your stay. The length of stay will also depend on the length of the contract with your employer.
Documents Required for an Overseas Domestic Worker Visa Application
The UK Government requires applicants to submit certain documents when they apply for an Overseas Domestic Worker visa. The following documents must be submitted with the application:
-
- A valid passport or other travel document – this must be valid for at least six months after the date of entry into the UK.
-
- A current passport-sized photograph, which meets the requirements set out in the relevant legislation.
-
- A completed application form, including a signed declaration of truthfulness.
-
- Proof that you meet the eligibility requirements, such as your employment contract or a letter from your employer confirming your employment.
-
- Evidence that you have enough money to support yourself during your stay in the UK, such as recent bank statements, payslips and evidence of any government benefits you receive.
-
- Proof that you can travel legally to the UK, such as a valid visa for another country or evidence that you are eligible for a visa waiver scheme.
-
- Your tuberculosis (TB) test results, if you are from a country where a TB test is required.
-
- Any other documents that are requested by the Entry Clearance Officer (ECO).
What you need to do before you apply
Before applying for an Overseas Domestic Worker visa, it is important to make sure you meet the requirements.
First, ensure that you have the correct passport and travel documents. These should include a valid passport or other accepted travel identification and any necessary visas.
Second, make sure that you have proof of your relationship with your employer, such as a contract or letter of employment.
Third, you will need to provide evidence that you can support yourself financially while in the UK, including sufficient funds to cover your stay.
Fourth, it is important to check that the job you are applying for is appropriate for the visa type. The job must involve working for a private household, be on a full-time basis, and involve providing a specific service.
Finally, it is essential to read and understand the rules and regulations of the visa before submitting your application. This includes understanding the rights and responsibilities of overseas domestic workers. Once you have done all of these steps, you should be ready to submit your Overseas Domestic Worker visa application.
What Are the Fees and Processing Times?
When applying for an Overseas Domestic Worker Visa, it is important to understand the fees and processing times associated with the visa. The application fee for this type of visa is currently £244. This fee is non-refundable and must be paid at the time of application.
The processing time for this type of visa can vary depending on the country where the application was made. Generally speaking, it takes around 6 to 8 weeks for a decision to be made on a UK domestic worker visa application. However, there are instances where the processing time could take longer or shorter depending on individual circumstances.
It is important to keep in mind that any applications submitted after the deadline will not be considered. Therefore, it is important to make sure you plan ahead and submit your application well in advance of the deadline. In addition, there may be additional fees for any dependants who are included on the visa application. It is important to check the UK visa website for details of these additional fees.
What you can do and cannot do on a UK Domestic Worker visa
As an overseas domestic worker, you are allowed to work in the UK for up to two years. During this time, you can do any work related to the duties outlined in your job offer letter and as described in your visa application. You are also allowed to take any training courses related to the job as well as participate in any activities that enhance the job such as seminars or conferences.
However, it is important to remember that there are restrictions on what you can and cannot do while working in the UK. You cannot do any work outside of the terms of your visa and you cannot take any job that would require you to stay in the UK longer than two years. You also cannot accept any work that involves a conflict of interest or is prohibited by UK law.
In addition, you must be paid at least the National Minimum Wage and must follow all UK laws regarding working hours and holidays. You also cannot provide any services or benefits to your employer without their permission. Lastly, you cannot stay in the UK longer than two years unless your employer applies for a visa extension for you.
How long can my worker stay in the UK?
Overseas Domestic Workers can stay in the UK for up to 6 months, or 12 months if they are renewing their visa. They can then apply for a further extension of up to 6 months or 12 months if needed. Employers must apply for a new visa for their Overseas Domestic Worker each time it expires.
If the Worker does not leave the UK when their visa expires, they will be considered an illegal immigrant. The total amount of time an Overseas Domestic Worker can stay in the UK is limited to a maximum of 5 years (60 months). After this period, they will need to leave the UK and may need to apply for a visa again in order to return.
Employers must ensure that they and their Worker are familiar with the rules surrounding their visa status and application process. Employers must also keep in mind that their Workers are entitled to the same employment rights as other workers in the UK, including minimum wage and holiday entitlements.
What rights do overseas domestic workers have in the UK?
Overseas domestic workers in the UK are afforded certain rights by the government. These include rights to a fair wage, holiday and sick pay, paid rest breaks, protection from discrimination, and freedom from modern slavery.
In terms of pay, all workers in the UK, including overseas domestic workers, are entitled to at least the minimum wage. This is set by the National Minimum Wage Act and applies to all hours worked. If you are an overseas domestic worker, it is important to check what your employer has said about the amount you will be paid.
Overseas domestic workers also have rights to holiday pay. This should be a minimum of 28 days a year (including bank holidays) and must be taken as time off work. Any holiday pay due must be paid as part of your wage or salary.
If you are an overseas domestic worker, you are also entitled to paid rest breaks when you work for more than 6 hours in one day. This can be for a minimum of 20 minutes or longer if agreed with your employer. Your employer must also allow you to take sick leave if you are ill and pay any sick pay that may be due.
It is also illegal for employers to discriminate against overseas domestic workers on the basis of race, gender, religion or belief, sexual orientation, age, or disability. Furthermore, they are not allowed to force you to do anything that goes against your human rights.
Employers must adhere to the Modern Slavery Act 2015 and must not use forced labour or exploit their employees. They must ensure that there is no exploitation or abuse of their employees’ rights and make sure that they are provided with safe and healthy working conditions.
Overall, overseas domestic workers in the UK have the same rights as all other employees and should be treated fairly and with respect. It is important to be aware of your rights and seek help from relevant organisations if you are not being treated fairly by your employer.
What responsibilities do employers have towards overseas domestic workers?
Employers of overseas domestic workers have certain responsibilities towards their employees that are legally binding. These responsibilities include the provision of a safe working environment, paying the agreed salary and ensuring that the visa application process is completed in full.
The employer must also provide adequate accommodation and food as part of the employee’s remuneration package, as well as cover the costs of any medical treatment or examinations required to obtain the visa. They are also required to ensure that their employees are registered with the Home Office and hold a valid work permit.
Employers must also be aware of their legal obligations when hiring overseas domestic workers, such as providing all necessary information on employment contracts, including wage rates, hours and conditions. This information must be provided in English and must be clearly stated in the contract. Employers are also responsible for ensuring that the employee’s visa remains valid and up-to-date. If the visa expires, employers must apply for an extension and ensure that all relevant paperwork is submitted on time.
Employers must also inform the Home Office if any changes occur during the course of the worker’s employment, such as a change in salary or a change of address. Employers must ensure that their overseas domestic workers have access to support services should they need help with legal advice or need to report any complaints to the Home Office.
Also, employers must provide a valid exit route at the end of the worker’s employment, either by helping them to apply for an extension or finding alternative accommodation. It is also important that employers respect their employee’s rights to holidays and other rights set out in their employment contract.
How we can help?
CGM App is an end-to-end immigration app, designed to make the immigration and global mobility process more seamless and compliant; specifically for expats, sponsoring companies, and immigration consultants globally.
Visit cgmpartner.org.uk/register for more information.