The overseas domestic worker visa allows the overseas employers to bring their domestic help with them when they visit the United Kingdom for a period of up to 6 months. These domestic workers include cooks, gardener, nannies, chauffeurs, cleaners and those providing care for the employer or the members of his family. These domestic workers must be an established member of their employer's staff i.e. they must have worked for their employers for at least a year before applying for a visa, and they must intend to work full time as a domestic worker in the household their employer will live in. These domestic workers are not allowed to change employers while they are in the UK. The domestic worker must return home at the end of 6 months or when his employer returns home, whichever is sooner.
There must be a written agreement between the employer and the domestic worker that sets out the terms and conditions of the worker's employment, and it must state that the employer will comply with the United Kingdom law on the National minimum wage. The domestic worker will be allowed to enter the UK with their employer or the employer's husband/wife/civil partner/ child as long as they have entry clearance, for example A visitor visa.
BASIC REQUIREMENTS
To meet the basic requirements an applicant must :
• Be aged 18 to 65.
• Have been employed with the same employer for at least 12 months immediately prior to their application and must be able to provide evidence of connection between him and his employer.
• Be able to maintain an accommodate himself adequately, as certified by his employer, without the need of public funds.
• Intend to work full time as a domestic worker in the same dwelling as his employer.
FEES
The visa for a domestic worker in a private household will cost no less than £324.
THE EMPLOYER
The employer for an overseas domestic worker in the UK must be either a:
• British or EEA national who usually lives outside the UK and does not intent to stay in the UK for more than 6 months.
• A foreign national who is coming to the UK on a visit and intend to stay for no more than 6 months in the UK.
RIGHTS AS A DOMESTIC EMPLOYEE
There must already be an agreement between the employer and the employee regarding the conditions of employment. The employee must have his copy of this document with him. The employer cannot change the conditions of employment unless his employee agrees to them. For example the employer must:
• Pay the agreed rate to him employee.
• Give him agreed holiday pay.
• Permits him the rights of notice he is entitled to.
If the employer does not respect these rights, the employee must take legal actions through the civil courts or an Employment or Industrial Tribunal.
DOs and DONTs
An employee can:
• Stay in the UK if his employer takes a short trip outside the UK during the visit.
• Travel abroad and return to the UK to complete his stay, but he must prove that he still works for his employer, e.g. A letter from his employer.
An employee can't:
• Change his employer while he is in the UK
• Change his job.
• Bring in family members- they must apply separately.
• Switch to another type of visa.
• Get public funds.
