Domestic Workers Visas — No Need for a Work Permit to Enter the UK

Summary

The Rules allow for the entry of a domestic worker to work in a diplomatic household without a work permit.

A domestic worker is a person who provides a personal service linked to the running of their employer's household. Examples include chauffeurs, gardeners, cooks and nannies.

A domestic worker will normally be given permission to stay for up to six months if their employer is coming to the UK as a visitor. If their employer plans to live in the UK for longer, permission to stay will normally be given for up to 12 months.

Requirements

Prior entry clearance is mandatory.

The applicant must be able to show evidence for the following:

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

Procedure

An application is made on Employment Form VAF2.

Benefits

A requirement of the category is to prove that the applicant can support themselves without recourse to public funds. Therefore, there is no entitlement to benefits.

Appeal

Refusal of entry clearance as a domestic worker in a diplomatic household attracts a right of appeal except where the applicant does not meet the age requirement.

Appeals against refusal of entry clearance are restricted to human rights and race discrimination grounds.

Switch

If the employer leaves the UK permanently, then the domestic worker is expected to leave with them.

Questions

What is meant by Public Funds?

Under the Immigration Rules, if you want to travel to the UK you must be able to support yourself and live without claiming certain benefits.

Public funds are income-related benefits paid by the state. These include:

1. Housing - accommodation as a homeless person and accommodation from a local authority register;
   
   
2. Benefits - income support/Income-based Jobseeker's Allowance, Housing Benefit, Council Tax Benefit, Attendance Allowance, Severe Disablement Allowance, Carer's Allowance, Disability Living Allowance, State Pension Credit, Child Tax Credit and Working Tax Credit.

Social housing, education, health care and benefits paid as a result of contributions such as incapacity benefit or contributory job seekers' allowance are not considered to be public funds for the purposes of the Immigration Rules.

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.

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