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Domestic worker visa - 12 months in household

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wf
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Joined: Tue Mar 04, 2008 4:30 am

Domestic worker visa - 12 months in household

Post by wf » Thu Apr 15, 2010 6:43 pm

Can someone apply for this who has spent the last 12 months working for the employer within the UK? ie: on a WHV.

Or is it only applicable where the worker has been working outside the UK?

The latter is what I originally thought but it seems that may not be the case.

Thanks

PaperPusher
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Location: London

Post by PaperPusher » Thu Apr 15, 2010 10:43 pm

These are the rules:
Domestic workers in private households
Requirements for leave to enter as a domestic worker in a private household
159A. The requirements to be met by a person seeking leave to enter the United Kingdom as a domestic worker in a private household are that he:

(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.
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

And the guidance here:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Youu could try, but it would be an entry clearance application only. I do not rate the domestic worker's chances though.

Of course the employer would also have been paying at least the national minimum wage and employer's national insurance contributions, and not taking or charging more than the maximum accomodation offset of £31.57 a week if the rate is at the NMW rate.

wf
Member of Standing
Posts: 327
Joined: Tue Mar 04, 2008 4:30 am

Post by wf » Thu Apr 15, 2010 10:55 pm

Thanks for your answer, can you clarify a couple of things please?
PaperPusher wrote:These are the rules:
(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;
That may be a sticking point? and is I think what led me to believe the worker should have previously been employed outside of the UK.

[edit] also from the guidance along the same lines:
2.3. Terms of Employment
Prior to coming to the UK a domestic worker must have been carrying out duties in a
private household
Youu could try, but it would be an entry clearance application only.
What do you mean by that? as opposed to what?
I do not rate the domestic worker's chances though.
Can you elaborate why? Is it specifically due to the previous employment being within the UK?

Thanks
Last edited by wf on Thu Apr 15, 2010 11:03 pm, edited 1 time in total.

PaperPusher
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Location: London

Post by PaperPusher » Thu Apr 15, 2010 11:01 pm

There is no provision for the first application to be in the UK as a switch from something else. The domestic worker can extend in the UK, but not apply for the first time in the UK.

I do not rate the domestic worker's chances because the employment has been in the UK.

And.......has this person been paid properly? I really hope so.

seldonbilly
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Joined: Wed Apr 21, 2010 11:56 am

Post by seldonbilly » Wed Apr 21, 2010 12:15 pm

As to the hiring of nannies or domestic workers, it is an important requirement for purposes of domestic worker visa application that the candidate must have worked with the sponsoring employer for at least one year prior to the date of application.I am considering Vancouver as a grounding point. What is the employment situation like. I have recently completed a bachelor of business majoring in marketing and would be looking for anything close to this field.

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