If you would like to visit the UK with your domestic staff (housekeepers, childminders, private chefs, etc.), they will need to apply for an Overseas Domestic Worker visa in order to accompany you to the UK.
With the Overseas Domestic Worker visa, your domestic staff can visit the UK with you for up to 6 months to carry out their duties. The requirements and conditions of the Overseas Domestic Worker visa have undergone several changes over the years. In this blog, we will discuss some of the key changes, with a particular focus on the changes to the Employment and National Minimum Wage requirements.
Employment requirement for an Overseas Domestic Worker
The employment requirement states that the domestic worker must be employed by the employer for at least 12 months or more immediately before the date of application. In addition to being employed as a domestic worker, the Immigration Rules also now require the domestic worker to have lived with their employer during this period of employment.
This change will have a significant impact on employers who do not live with their domestic staff, or have not done so for at least 12 months, as these applicants will not meet the requirements of the ODW visa. Domestic workers who live with their employers for part of the week will also need to provide additional information and documents to meet this requirement.
National Minimum Wage (NMW) requirement for an Overseas Domestic Worker
Previously, the Immigration Rules simply required the employer to declare that they will pay the Domestic Worker at least the NMW throughout their employment by signing a declaration and contract of employment to confirm the same. The wording in the Immigration Rules has changed and now allows a decision maker to consider all aspects of the application and assess whether they are satisfied that the employer genuinely intends to meet this requirement.
Could this tweak in wording lead to decision makers exercising greater discretion when assessing whether this requirement is met? We believe that this could be the case, therefore, it is crucial to conduct a thorough assessment of each individual case and provide the documents that best meet the requirements.
All applications are unique and the evidence that would be helpful to meet the new requirements above will differ from case to case. If you would like to visit the UK with your domestic staff, we can provide you with bespoke advice to satisfy the ODW visa requirements.
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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