The Overseas Domestic Worker visa allows foreign nationals to visit the UK with their employer for up to 6 months to carry out their duties as a domestic worker. Domestic workers can include cleaners, chauffeurs, chefs, nannies and those providing personal care for the employer and their family.
In this guide, we look at the rules for the Domestic Worker visa, including the eligibility and application requirements, what this visa allows and the rights and responsibilities of these workers while they are in the UK.
Section A: Domestic Worker Visa Requirements
Both the worker and their employer must meet certain criteria for the Overseas Domestic Worker visa.
1. Worker Eligibility Requirements
An individual can apply for a domestic worker visa to accompany their employer to the UK if the applicant:
a. is aged 19 or over on the date of application
b. works for their employer’s household
c. is a domestic worker providing a personal service relating to the running of the employer’s private household, such as a housekeeper, cleaner, cook, chauffeur or gardener, or providing personal care to a family member, such as a nanny or nurse
d. has worked for their employer at least 12 months immediately prior to applying
e. plans to travel with their employer or members of their employer’s family on a trip to the UK which is not intended to last for more than six months
f. intends to work for their employer whilst in the UK as a full-time domestic worker, and intends to leave, either at the end of six months or at the same time as their employer, whichever is the earlier
g. is able to support themself financially while in the UK
Applicants must also prove that they can maintain and accommodate themselves in the UK without recourse to public funds, and do not fall foul of the general grounds for refusal.
2. Employer Requirements
The employer must be either a:
a. British citizen whose usual place of residence is outside the UK and who does not intend to remain in the UK for more than 6 months, or
b. a foreign citizen who is coming to the UK for a short stay under the visitor rules and does not intend to remain for more than 6 months.
Section B: Applying for a Domestic Worker Visa
Domestic workers must obtain entry clearance as an overseas domestic worker in advance of travel. This means that an application for a visa must be made overseas – they cannot simply arrive at a UK port or airport and request permission to enter as a domestic worker or as a visitor.
Applications for the domestic worker visa can be made up to three months before the individual’s date of travel to the UK.
The application must be made online. The applicant will also need to have their biometric information taken at an overseas visa application centre. This will include a scan of their fingerprints and a photograph of their face.
Section C: Domestic Worker Visa Supporting Documents
When applying for a domestic worker visa, the applicant will need a number of documents in support of their application, including:
a. a current passport (with a blank page), or other valid travel document which satisfactorily establishes their identity and nationality
b. financial proof that they can support themselves during their stay
c. a letter from their employer confirming their employment as a domestic worker within their household, as well as how long they’ve worked for the employer and that their employment is ongoing
d. two copies of a signed written agreement between the employer and the applicant setting out the proposed terms and conditions of their employment whilst in the UK.
The applicant must also provide one or more of the following documents to show that they meet the employment requirement:
a. bank statements or payslips showing payment of salary
b. confirmation of tax paid
c. confirmation of health insurance paid
d. their contract of employment
e. their work visa, residence permit or equivalent passport endorsement from the country in which they’re currently employed by their employer
f. visas or equivalent passport endorsement if they’ve travelled with the employer before.
Additional documents may be needed, depending on the applicant’s circumstances, together with certified translations of any documents not written in English or Welsh. We can advise if you require guidance on your application.
Overseas Domestic Worker Required Supporting Documents | |
---|---|
Document | Purpose |
Valid Passport | Identification and travel document. |
Employment Contract | Proof of employment as a domestic worker. |
Proof of Employer’s Stay | Evidence that the employer is staying in the UK (e.g., visa or residence permit). |
Financial Documents | Proof that the applicant can support themselves financially. |
Biometric Information | Fingerprints and photograph for identification. |
Section D: Application Fees & Processing Times
The cost of applying for an Overseas Domestic Worker visa is £637 for standard processing, which typically takes 3 weeks.
For an additional charge of £500, the optional priority service offers a faster decision, within 5 working days, or for £1000, the super priority service provides a decision by the next working day. The timescales for the priority services run from the date that the applicant submits their biometric information.
Read more about UK visa application processing times here >>
Section E: Rights & Responsibilities
Domestic workers on this visa have the flexibility to travel abroad and return to the UK to complete their stay. They may also change employers within the UK, provided they continue to work as a domestic worker in a private household and do not extend their stay beyond the permitted six months.
Overseas domestic workers also have certain employment rights whilst in the UK, including the right to be paid at least the National Minimum Wage (NMW). They should also have a written statement of the terms and conditions under which they’ll be employed in the UK, and these terms should not be changed without the employee’s consent.
Overseas domestic workers must not be forced to work excessive hours, or to do anything that they don’t want to do as a result of any threats or violence. This could include forcing someone to move to the UK against their will, to get married, to work for free or even to work for less than the minimum wage. As the employer of someone able to prove that they’re a victim of modern slavery or human trafficking, you may be criminally prosecuted.
There are also certain restrictions to be aware of. They are not allowed to work in any capacity other than as a domestic worker in a private household. Additionally, the visa does not permit visa holders to live in the UK for extended periods through frequent visits. Finally, they are also not eligible to access public funds while residing in the UK on this visa.
Section F: Extending an Overseas Domestic Worker Visa
The maximum period of stay in the UK as a domestic worker is six months; visa holders must return home at the end of this period or at the same time as their employer, whichever is the earlier. This means that a domestic worker cannot apply for an extension of stay whilst in the UK, although they can apply again from overseas, provided they don’t intend to use the domestic worker route to live with their employer in the UK for extended periods through frequent or successive visits.
While there is no limit on the number of times a domestic worker can apply to come to the UK, applications are assessed on a case-by-case basis. For example, frequent or recent applications for the visa by the same applicant may struggle to persuade the Home Office of their intention not to live in the UK through frequent or successive visits if they re-apply for entry clearance after just a short break overseas.
1. Domestic Worker Visas Issued on or before 5 April 2012
For individuals who came to the UK on a domestic worker in a private household visa on or before 5 April 2012, the rules are far more relaxed. As long as they’ve continued to live in the UK and are still in the UK, even if they’ve changed employers, they’ll not only be able to apply for an extension of stay, they may also be eligible to apply for settlement.
The holder of a domestic worker in a private household visa will be permitted to extend their stay in the UK for 12 months at a time, as well as bringing their partner and any children under 18 to the UK, a privilege not permitted under the post-2012 rules.
To extend their stay as a domestic worker, the applicant will need to provide both a letter from their employer confirming that they want to continue to employ them, and a signed agreement, as required under Appendix Domestic Worker Statement.
They will also be able to settle in the UK on a permanent basis, if they:
a. have been living lawfully in the UK for at least 5 years
b. currently have permission to live in the UK as a domestic worker, where an application to settle must be made prior to expiry of any existing leave
c. have been in the UK as a full-time domestic worker continuously throughout the 5 years, where they cannot have been outside the UK for more than 180 days in any 12 month period
d. have maintained and accommodated themselves, and any dependants, without the use of public funds throughout this 5-year period
e. have sufficient knowledge of English and life in the UK, known as the KoLL requirement.
To apply to settle in the UK, the applicant will need to provide both a letter from their employer confirming that they want to continue to employ them, and evidence that they can satisfy the KoLL requirement (if the applicant’s partner is applying with them, they’ll also need to demonstrate that they can fulfil this requirement).
2. UK Visas for Domestic Workers
Under the current rules, the visa options are limited when it comes to working in the UK as a domestic worker on a long term basis. The Skilled Worker visa, for example, may be available if the role meets the specific requirements.
You can read more about the Skilled Worker Visa here >>
Section G: Summary
The Overseas Domestic Worker visa is available in only specific limited circumstances. As such, applicants must ensure they meet all of the eligibility requirements and provide sufficient evidence to support this, to avoid visa refusal.
Section H: Need Assistance?
DavidsonMorris are UK immigration specialists. To avoid issues with your application and gaining entry to the UK to continue to perform your role, contact us.
Section I: Domestic Worker Visa FAQs
Who is eligible to apply for a UK Domestic Worker Visa?
To be eligible to visit the UK as an overseas domestic worker, you must be employed as a domestic worker in a private household and have worked for your employer for at least one year. You also need to demonstrate that you can support yourself without relying on public funds.
How long can I stay in the UK on a Domestic Worker Visa?
You can stay for up to six months. You cannot extend an Overseas Domestic Worker visa. You can only extend a Domestic Worker in a Private Household visa if you applied on or before 5 April 2012.
What documents are required for the application?
You will need a valid passport, evidence of your employment (such as a contract), proof of your employer’s stay in the UK, and financial documents showing you can support yourself. Additionally, you will need to provide your biometric information.
How much does it cost to apply for a Domestic Worker Visa?
The application fee is currently £637. You may also need to pay for healthcare surcharges and provide proof of financial stability.
Can I switch employers while on a Domestic Worker Visa?
No, you cannot switch employers while you are in the UK on a Domestic Worker Visa. If you leave your employer, you must leave the UK.
Can my family accompany me to the UK?
No, the Domestic Worker Visa does not allow dependants to join you. Each family member would need to apply for their own visa if they wish to come to the UK.
What rights do I have as a domestic worker in the UK?
You have the right to be paid at least the National Minimum Wage, to work in safe conditions, and to receive holiday pay. You also have the right to keep your passport and employment contract.
How can I extend my Domestic Worker Visa?
You can only extend a Domestic Worker in a Private Household visa if you applied on or before 5 April 2012.
What should I do if my visa application is denied?
If your application is denied, you can request an administrative review or reapply if you can address the reasons for the refusal. It may also be helpful to seek legal advice to understand your options.
Section J: Glossary
Term | Definition |
---|---|
Domestic Worker Visa | A visa that allows individuals to work as domestic workers in private households in the UK. |
Eligibility Criteria | The specific requirements that must be met in order to qualify for a Domestic Worker Visa. |
Application Process | The step-by-step procedure for applying for the Domestic Worker Visa, including forms and documentation needed. |
Required Documents | The essential documents that must be submitted with the visa application, such as passports and employment contracts. |
Application Fee | The costs associated with applying for the Domestic Worker Visa. |
Processing Time | The duration it takes for the visa application to be reviewed and a decision to be made. |
Rights and Responsibilities | The legal entitlements and obligations of domestic workers under the visa. |
Renewal and Extensions | The process for extending the validity of the Domestic Worker Visa beyond its initial period. |
Biometric Information | Physical data, such as fingerprints and photographs, that visa applicants must provide. |
Healthcare Surcharge | An additional fee paid by visa applicants to access the UK’s National Health Service (NHS). |
Administrative Review | A process by which visa applicants can challenge a visa decision they believe to be incorrect. |
National Minimum Wage | The minimum hourly rate that domestic workers are legally entitled to be paid in the UK. |
Proof of Financial Stability | Evidence showing that the applicant can support themselves financially without needing public funds. |
Dependants | Family members who rely on the visa applicant for support and are not allowed to accompany the applicant under this visa type. |
Immigration Adviser | A professional who provides guidance and assistance on immigration matters, including visa applications. |
Solicitor | A type of lawyer who specialises in providing legal advice and services, including immigration law. |
Private Household | A private residence where domestic workers are employed to provide services such as cleaning, cooking, and childcare. |
Section K: Additional Resources
UK Government Official Visa Page
https://www.gov.uk/domestic-workers-in-a-private-household-visa
Domestic Workers in a Private Household Visa
Visa Application Guidance
https://www.gov.uk/check-uk-visa
Guide to Applying for a Visa
Financial Requirement Guidelines
https://www.gov.uk/uk-family-visa/provide-your-financial-details
Proof of Financial Requirements
Health Surcharge Information
https://www.gov.uk/healthcare-immigration-application
Immigration Health Surcharge
Workers’ Rights and Protections
https://www.gov.uk/domestic-workers-in-a-private-household-visa/your-rights-and-protections
Your Rights as a Domestic Worker in the UK
National Minimum Wage Information
https://www.gov.uk/national-minimum-wage-rates
National Minimum Wage and Living Wage Rates
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/