29th February 2012
There are two ways to come to the UK as an Overseas Domestic Worker (ODW):

• To work in the private household of an employer. This
provision was introduced into the Immigration Rules in 2002
to enable people coming to the UK to bring with them their
foreign domestic staff-for example nannies, chauffeurs and
cooks.

• To work in the private household of a foreign diplomat. This
provision is for ODWs coming to the UK with or to join a
diplomat to work in their private household. It is provided
due to the UK being a signatory to the Vienna Convention on
Diplomatic Relations 1961. The route is in the International
Agreement category of Tier 5 of the Points Based System.

OVERSEAS DOMESTIC WORKERS IN PRIVATE HOUSEHOLDS

We are changing this route as follows:

• Entry into the UK will be limited to a maximum of six months,
with no extensions beyond this time.

• You will only be able to enter the UK where you are
accompanying your employer (or his spouse or child) who is
also coming here at the same time as a visitor or who has
come here in that capacity.

• You will be required to leave the UK at the same time as
your employer.

• You will not be able to change employer whilst in the UK.

• You will not be able to apply for settlement in the UK.

• You will not be able to switch into a different immigration
category whilst you are in the UK. If you wish to do so, you
will first need to leave the UK and apply for entry clearance
from overseas.

• You will not be able to bring your dependants with you. Your
family members will be able to seek to come here in their
own right, as a visitor.

• You will be able to work for your employer on your overseas
domestic worker visa. You will not be on a visitor visa.

APPLICATION OF THE NEW RULES

We will apply the new requirements described above to migrants who apply for leave to enter the UK in either Overseas Domestic Worker category on or after 6 April 2012.

This means that if you are already in the UK in either category, apply to enter and are granted leave, or enter before the 6 April, the changes outlined above will not apply to you.

For those admitted under the Immigration Rules in force before 6 April, who are eligible to apply for settlement, we will not be applying a pay threshold to applications made under the domestic worker routes.

MEASURES AGAINST ABUSE

We will be introducing a new package of protections that will minimise the possibility of abusive relationships being brought to the UK, and will provide information on and access to suitable protections in the UK and a route home for those ODWs who are in need of this.

For those ODWs who come here to work in the private household of their employer, we will retain the existing requirement to have worked for that employer for twelve months. Additionally, we will strengthen pre-entry requirements by seeking more evidence that there is an established employer-employee relationship.

For both ODW routes we will make it a requirement that written terms and conditions of employment in the UK are agreed by the ODW and their employer.

We will also provide information, in a range of languages, to ODWs when they apply for their visa.

This will inform them of their rights in the UK and how to obtain help if they have problems.For ODWs who are in the UK, referral to the National Referral Mechanism, which identifies and supports victims of trafficking, will be available to those who have been, or have potentially been, trafficked here.

For those who consider their terms and conditions of employment are not being met, assistance is available from, for example, the Pay and Work Rights Helpline, which provides employment advice in a range of languages. For those who experience abuse but have not been trafficked here, we will continue dialogue with Non-Governmental Organisations to ensure that initial support, prior to assistance to return home is available to ODWs. We will also look to ensure that ODWs can come here only if the UK is able to help them return home by means of effective bilateral returns agreements.

Overseas Domestic Worker(private household) routes at a glance

The notes below summarise the ODW rules as they are now, and as they will be for those who apply for leave as an ODW from 6 April 2012 onwards.

Maximum length of leave (pre 6th April 2012): 6 or 12 months initially, can be extended.

Maximum length of leave (after 6th April 2012) 6 months and no extensions, and only where accompanying a visitor.

Settlement (pre 6th April 2012) Yes, after 5 years.

Settlement (after 6th April 2012) No.

Dependents (pre 6th April 2012) Yes, can join main applicant and can work.

Dependents (post 6th April 2012) No.

Tags: Domestic Workers, Home Office Changes