Eligibility Criteria – Overseas Domestic Worker Visa

• Understanding the eligibility requirements for the Overseas Domestic Worker Visa is paramount for individuals seeking to work as domestic help in a private household in the United Kingdom. To qualify for this visa category, both employer and employee must meet several essential conditions.

Requirements for Employers to Sponsor Overseas Domestic Worker Visa

• In addition to the eligibility criteria for domestic workers, employers must also meet specific requirements to sponsor their employees under the Overseas Domestic Worker Visa category. Employers can be either,
• British Citizens Residing Abroad: Employers who are British citizens living outside the UK and do not intend to stay in the UK for more than six months can qualify to sponsor a domestic worker.
• Foreign Citizens on a Visit: Foreign citizens visiting the UK temporarily and not planning to remain in the country for more than six months can also sponsor domestic workers.
• Furthermore, employers are obligated to pay their domestic workers at least the national minimum wage, ensuring that employees are fairly compensated for their services.

Eligibility Criteria for the Employee for the Overseas Domestic Worker Visa

• Age Requirement: Applicants must be at least 19 years old at the time of application. This age criterion ensures that individuals applying for the visa possess the maturity and experience required for domestic work.
• One Year of Employment: A fundamental eligibility criterion is having a minimum of one year of continuous employment with the same employer. This stipulation underscores the importance of a stable, established working relationship between the domestic worker and their employer.
• Residence in the Same Household: Domestic workers must work in the same household as their employer or in a household used regularly by their employer. This requirement ensures that the visa is intended for individuals who play an integral role in the daily functioning of the household.
• Accompanying the Employer: Applicants should plan to travel to the UK alongside their employer, their employer’s partner, or their employer’s children. This demonstrates the visa’s purpose in facilitating the mobility of domestic workers in tandem with their employers.
• Full-Time Employment: Intention to work as a full-time domestic worker in a UK household where the employer will reside is essential. This ensures that the applicant’s role is central to the household and its functioning.
• Temporary Stay: Applicants must have the intention to leave the UK at the end of six months. The Overseas Domestic Worker Visa is not a pathway to settlement in the UK, but rather a temporary visa for those supporting households.
• Financial Self-Sufficiency: Demonstrating the ability to support oneself in the UK without relying on public funds is a key requirement. This ensures that the applicant is financially self-sufficient during their stay in the country.

English Language Requirement for the Overseas Domestic Worker Visa

• Settling in the UK: To pursue settlement in the UK, applicants must demonstrate their ability to meet the English language requirement. Settlement typically implies a more extended stay and potential for indefinite residence in the country.
• Grandfather Clause: Those applying as domestic workers in private households and who entered the UK on or before 5 April 2012 may be eligible for settlement under specific circumstances. This clause offers opportunities for individuals who have long-standing ties to the UK.

Proving English Proficiency: Applicants can establish their knowledge of English through two primary methods

• Academic Qualifications: Applicants can rely on academic qualifications obtained in English. These qualifications must be recognized by Ecctis (formerly UK NARIC) as equivalent to a UK bachelor’s degree, master’s degree, or PhD. This demonstrates a high level of English proficiency obtained through academic pursuits.
• Approved English Language Test: Another option is to pass an approved English language test, achieving at least CEFR level B1 proficiency in reading, writing, speaking, and listening.
• Previous Successful Application: It is noteworthy that applicants who have met either of these criteria in a prior successful visa application also satisfy the English language requirement.
• Exemptions from English Requirement: Notably, nationals of certain countries and territories are exempt from proving their knowledge of English when applying for the Overseas Domestic Worker Visa. These countries include:
• Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, the British overseas territories, Canada, Dominica, Grenada, Guyana, Jamaica, Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, and the USA.
• It is essential for both domestic workers and employers to grasp the nuances of this visa category to ensure a successful application process.

To obtain professional, most up-to-date, and accurate advice on your visa application you can contact our experienced, and accredited team of immigration consultants on 020 3911 1115 or send us your query using this form or email us on ukvisa@agclservices.com or request a call back by providing your contact details here and we will get back to you asap

Documentation Requirements for the Overseas Domestic Worker Visa

• To ensure a smooth application process and successful issuance of the visa, applicants must diligently provide the following essential documents.
• Letter from Employer: A letter from the employer is essential, confirming the applicant’s job title, the duration of their employment with the employer, and their status as a permanent employee. This letter serves as a formal declaration of the employment relationship.
• Additional Employment Documentation: Depending on individual circumstances, applicants must provide one of the following documents covering the same period of employment: pay slips or bank statements reflecting salary payments, confirmation of tax payments, evidence of health insurance payments, a valid employment contract, a work visa, residence permit, or equivalent passport endorsement from the country where the applicant is currently employed by the sponsoring employer, or visas or equivalent passport endorsements if the applicant has travelled with the employer previously.
• Appendix Domestic Worker Statement: A critical component of the application, the ‘Appendix Domestic Worker Statement,’ must be completed and signed by both the applicant and the employer. This statement outlines key details about the employment arrangement, responsibilities, and intentions related to the visit.
• Valid Passport or Travel Identification: Applicants must submit a current passport or another valid travel identification document. This document serves as proof of identity and travel eligibility. Applicants should also ensure that their passport contains at least one blank page where the visa can be affixed once granted.
• Financial Proof: It is imperative to provide evidence demonstrating the ability to support oneself during the intended trip to the UK. This may include bank statements or payslips covering the previous six months, showcasing the financial stability necessary for the visit.
• Certified Translations: For any documents not in English or Welsh, applicants must provide certified translations. This ensures that all submitted materials are comprehensible and valid for review by the immigration authorities.
• It’s crucial to note that additional documents may be required based on the unique circumstances of each application.

The Significance of Accurate Documentation

• In simple terms, obtaining Overseas Domestic Worker Visa relies heavily on having the right documentation and information. Each piece of document you provide has a specific job—it proves you’re eligible and committed to the rules of the UK visa.

How Our Immigration Visa Experts at AGCL Services Can Assist You

• At AGCL Services, we’re experts in UK immigration, and we’ve helped many people successfully get their Domestic Worker Visa Applications. We’re here to make sure you have all the right documents and that your application is complete and accurate. Plus, we offer guidance and support every step of the way, making the visa application process a lot easier for you.

Simplifying Your Domestic Worker Visa Application Process

• If you’re considering applying on your own, you can follow the online steps provided on the UK Home Office’s website. These steps may include filling out various online forms, scheduling an appointment, submitting your identity and other documents, or visiting the nearest visa application centre to have your biometrics checked. It’s important to follow these steps in the correct order and meet the specified deadlines. However, these tasks can be daunting, and any mistakes or omissions could lead to application rejection, causing significant time and financial costs.
• This is where the professional assistance of our experienced consultants becomes invaluable.

A Smooth Visa Application Journey with AGCL’s Expert Help

• You don’t have to go through the complex visa application process alone. At AGCL Services, we’re here to guide you through every step, ensuring a hassle-free experience. Our dedicated team is well-versed in this visa category, and we’re committed to assisting you throughout the entire process. We’ll thoroughly prepare your documents, submit your online application, and ensure your identity is verified. We’ll make certain that your application meets the rigorous standards set by the UK Home Office so let us help you make your Domestic Worker Visa application journey a smooth and successful one.

Processing Time for the Overseas Domestic Worker Visa

• Understanding the processing time for the Overseas Domestic Worker Visa is essential for individuals planning to accompany their employers to the United Kingdom.
• Application Timing: Applicants can initiate their visa application up to 3 months before their intended date of travel to the UK. This window allows for adequate preparation and submission of the required documentation
• Expected Decision Timeframe: When applying for the Overseas Domestic Worker Visa from outside the UK, applicants can anticipate receiving a decision on their visa application within approximately 3 weeks. This period signifies the time taken by the UK immigration authorities to review the application, assess eligibility, and decide.
• Expedited Processing Options: In certain circumstances, applicants may have the option to expedite the processing of their visa application by paying an additional fee. This fee allows for a faster decision, which can be particularly advantageous for those with time-sensitive travel plans or urgent employment needs in the UK.
• Please note that these processing times are indicative, and it could be varied or take longer than standard applicable time due to the volume of applications received by the immigration authorities or depending on individual circumstances or due to various other reasons i.e., missing documents, you may be asked to appear for interview, your criminal conviction, or they need more time to verify your documents. Therefore, applicants are encouraged to plan their visa application well in advance to account for any potential delays and to ensure a smooth and timely entry into the UK.
• In conclusion, applicants should consider their travel plans, employment requirements, and any potential need for expedited processing when preparing their visa application. By adhering to the specified timelines and exploring expedited processing options, when necessary, individuals can facilitate their journey to the United Kingdom and ensure compliance with immigration regulations. For the most up-to-date information on processing times and expedited processing fees, do not hesitate to consult with one of our immigration experts who specialize in such visa applications.

How long can I stay as an Overseas Domestic Worker Visa Holder in the UK?

• Maximum Stay Period: Under the Overseas Domestic Worker Visa, individuals are granted the privilege to stay in the UK for a period of up to 6 months. During this time, the visa holder can work as a domestic helper, providing essential services within a private household.
• Mandatory Return: It is imperative to note that visa holders must adhere to the requirement of returning to their home country at the conclusion of the 6-month period. The Overseas Domestic Worker Visa is not a pathway to settlement or long-term residence in the UK. Compliance with this rule is vital to maintaining one’s immigration status.
• Inability to Extend: Unlike certain other visa categories, the Overseas Domestic Worker Visa does not allow for extensions. Therefore, individuals must plan their stay carefully within the initial 6-month timeframe, ensuring that they return to their home country in accordance with immigration regulations.
• Legacy Visa Holders: An exception exists for those who hold a Domestic Worker in a Private Household visa and applied on or before 5 April 2012. Such individuals may have the opportunity to apply for an extension, subject to the specific rules and eligibility criteria in place at the time of application.
• Understanding the duration of stay under the Overseas Domestic Worker Visa is a critical aspect of the visa application process. Applicants must carefully plan their visit, ensuring that they comply with the 6-month limit and are prepared to return to their home country upon its conclusion.

Visa Fees for the Overseas Domestic Worker Application

• Visa Application Fee: The cost of applying for the Overseas Domestic Worker Visa is £637. This fee is a mandatory requirement for all applicants and covers the processing and administrative costs associated with the visa application.
• Non-Refundable: It’s important to note that the visa application fee is non-refundable, regardless of the outcome of the application. Therefore, applicants should ensure that they meet all the eligibility criteria and provide accurate documentation to enhance the likelihood of a successful visa application.
• Expedited Processing Fees: In some cases, applicants may have the option to expedite the processing of their visa application for an additional fee. This expedited processing fee can be advantageous for individuals with time-sensitive travel plans or urgent employment needs.

Potential Additional Expenses

• Priority Service: This service costs an additional £500 with a decision on your application within 5 working days
• Super Priority Service: It costs £1,000 with a decision on your application by the end of the next working day
  • Please note that these fees are in addition to the standard visa application fee. The Priority and Super Priority services are designed to speed up the visa application process. However, it is important to note that there is no guarantee that your application will be processed within the specified timeframe.
• Translation fees: If you need to have any documents translated into English, you will need to pay for the translation service
• Courier fees: If you need to have your passport or documents couriered to you, you will need to pay for the courier service
• English language test fees
• Tuberculosis test fees
• Medical certificate fees
• Police clearance certificate fees

Overseas Domestic Worker Visa Extension and Settlement Options (for Applications Made Before 5 April 2012)

• For individuals who applied for a Domestic Worker in a Private Household visa on or before 5 April 2012, there are distinct rules governing their eligibility for extension and settlement in the United Kingdom. These unique provisions offer opportunities for extended stays and potential permanent residence.
• Extension Privileges: Eligible applicants have the privilege to extend their stay in the UK, renewing their visa every 12 months. This extension allows continued employment as a domestic worker in a private household.
• Path to Permanent Settlement: After having worked in the UK as a domestic worker for a period of 5 years, individuals can apply to settle permanently in the country. This presents a pathway to establishing indefinite residence in the UK.
• Family Inclusion: Applicants are also entitled to bring their partner and children under the age of 18 to join them during their stay. This ensures that families can remain together while benefiting from the opportunities offered by the Overseas Domestic Worker Visa.
• Employment Flexibility: An additional benefit is the ability to change employers while the visa remains valid. This flexibility allows individuals to explore different domestic employment opportunities during their stay.
• Duration of Extension: Visa holders can apply to extend their visa for an additional 12 months at a time. The opportunity for continued extensions facilitates long-term employment and residence in the UK.
• Eligibility Criteria for Extension and Settlement: To be eligible for an extension, applicants must meet specific criteria, including:
• Being a domestic worker in a private household.
• Having applied for the domestic worker visa on or before 5 April 2012.
• Continuously residing in the UK.
• Applying for an extension while still physically present in the UK.

Additional Eligibility Criteria for Overseas Domestic Worker’s Extension and Settlement Visa Applications

• You must have been living in the UK legally for at least 5 years.
• You must currently possess permission to stay in the UK as a domestic worker.
• Demonstrating full-time domestic work in the UK for the entire 5-year period, with no more than 180 days spent outside the UK in any 12 consecutive months
• You must be able to support yourself without needing to relying on public funds throughout the 5 years
• You must demonstrate satisfactory knowledge of English and pass the life in the UK exam
• For your visa extension application, you must provide a letter from your employer expressing the intent to continue employing yourself and a completed ‘Appendix domestic worker statement’ signed by both the applicant and the employer.
• For settlement, applicants should submit a letter from their employer affirming their intention to retain the employee
• In cases of absences due to exceptional circumstances, a letter detailing the reasons with supporting documents included
• The application fees are £1,048 for extension and £2,885 for settlement, per person.
• Super priority service can be available for an additional £1,000 to expedite faster processing and decision for your application
• Applicants are required to provide biometrics (fingerprints and a photo) with no additional fees charged for biometric data.
• You must refrain from traveling outside of the UK, Ireland, the Channel Islands, or the Isle of Man until a decision is received, as traveling may result in the withdrawal of the application.
• Typically, a decision will be made within 8 weeks for standard applications. With the super priority service, a decision can be expected by the end of the next working day following your appointment on weekdays or within 2 working days if the appointment falls on a weekend.
• The biometric residence permit, upon approval, will take up to 10 working days to arrive.
• Complex Cases: Some applications may be complex, requiring additional time for verification of supporting documents, interviews, or consideration of personal circumstances such as criminal convictions.

What are the Employment Rights as an Overseas Domestic Worker in the UK?

• If you are an Overseas Domestic Workers employed in the UK, then it’s important to have a comprehensive understanding of your employment rights and protections available to you and the obligations your employers must adhere to under UK law.

Basic Employment Rights

• Employers are legally obligated to pay domestic workers an agreed-upon rate for their services. This rate must adhere to, at a minimum, the national minimum wage standards set by the UK government
• Domestic workers must not be compelled to work excessively long hours beyond the limits defined by employment regulations
• Workers are entitled to receive agreed holiday pay as part of their employment benefits
• Employers must provide the requisite notice period if they intend to terminate the worker’s employment contract. This notice period should align with the terms agreed upon at the outset of employment.

Written Employment Agreements

• Prior to commencing employment, domestic workers should have a written employment agreement in place with their employer. This written agreement outlines the terms and conditions of employment, including wages, working hours, and other essential aspects of the job
• Employers are not permitted to unilaterally alter these employment conditions without the worker’s consent. Any changes to the employment agreement should be mutually agreed upon by both parties.

Recourse for Non-Compliance

• In cases where employers fail to meet these employment requirements, domestic workers have the legal right to seek recourse through established legal channels.
• Workers can initiate legal action by filing a complaint through an employment or industrial tribunal or pursuing civil court proceedings against the non-compliant employer.

Access to Advice and Support

• Domestic workers seeking guidance and support related to their employment rights can avail themselves of free and confidential assistance through the Acas helpline
• Another valuable resource is the charity Kalayaan, which offers free, confidential, and independent advice tailored specifically to domestic workers in the UK.

Returning Home

• Should domestic workers decide to return to their home country, they can contact their country’s Embassy or High Commission located in the UK to facilitate their return.
• Additionally, individuals considering this option can seek confidential advice from a registered immigration adviser. The Office of the Immigration Services Commissioner (OISC) Adviser Finder can help locate a registered adviser in proximity.
• Overall, possessing a comprehensive awareness of employment rights is essential for Overseas Domestic Workers in the UK. By understanding these rights and the obligations of their employers, workers can ensure fair and legal employment practices and treatment as an employee. In instances of non-compliance, seeking recourse through legal channels is a viable option. Access to free and confidential advice and support from organizations like Acas and Kalayaan further empowers domestic workers to assert their rights. Lastly, individuals considering returning home can explore available resources to facilitate their journey.

For individuals who have fallen victim to the harrowing ordeals of modern slavery or human trafficking while residing in the United Kingdom under the Overseas Domestic Worker Visa, it is essential to understand the protective measures and avenues of support available. Here we have provided a high-level overview of the rights and processes to assist victims in seeking refuge and justice.

Modern Slavery and Human Trafficking Defined

• Modern slavery and human trafficking entail situations where individuals are coerced or threatened into activities they do not willingly undertake. These circumstances often involve forced labor, exploitation for inadequate or no wages, involuntary marriages, or being compelled to relocate to a foreign country against their will.

Protection Provisions for the Victims of Modern Slavery and Human Trafficking

• Victims of modern slavery or human trafficking can apply to stay in the UK for a duration of up to 2 years if they meet the following criteria
  • Possess a ‘conclusive grounds’ letter from the Single Competent Authority (SCA) certifying them as victims of modern slavery or human trafficking.
  • Initially entered the UK on an Overseas Domestic Worker visa, a Domestic Worker in a Private Household visa, or served as a private servant of a diplomat under the previous Temporary Work – International Agreement visa (now replaced by the Temporary Work – International Agreement visa).

Obtaining a ‘Conclusive Grounds’ Letter

• Individuals who suspect they are victims of modern slavery or human trafficking should immediately contact the police or a designated first responder organization. These entities can facilitate referrals to the Single Competent Authority (SCA), which will assess the victim’s case and issue a ‘conclusive grounds’ letter confirming their status as a victim.

Application Process

• To seek protection and stay in the UK, victims must apply within 28 days of receiving confirmation of their victim status. The application must be submitted online, and there are no fees associated with this process.

Assistance with the Application

• Support is available to help victims navigate the online application process, including accessing computers and the internet and finding relevant information on the official GOV.UK website. However, this assistance does not extend to determining eligibility or providing advice on application content or prior applications.

Contact Information

• For assistance and inquiries related to the application process, individuals can contact the following
  • Telephone: 03333 445 675 (Monday to Friday, 9 am to 5 pm)
  • Text: Send ‘VISA’ to 07537 416 944
  • Email: visa@we-are-digital.co.uk

Alternative Visa Application

• In cases where victims apply for a different type of visa within 28 days of receiving confirmation but face refusal, they still have the option to reapply as victims of modern slavery or human trafficking. This secondary application must be submitted within 28 days of the initial refusal.

Employment Rights

• Once protected under this provision, victims are granted the ability to work as domestic workers for a period of up to 2 years. It is important to note that a job offer is not a prerequisite for application, and victims have the freedom to change employers while residing in the UK.
• In summary, the UK government offers essential protection and support for victims of modern slavery or human trafficking who hold the Overseas Domestic Worker Visa. Understanding the criteria, application process, and available assistance is vital for individuals seeking refuge and justice in the face of these heinous crimes. This system ensures that victims are provided with the necessary safeguards and opportunities to rebuild their lives and regain their autonomy.

Q.1  What Rights and Limitations of the Overseas Domestic Worker Visa?

Permitted Actions

• Travel and Return: Visa holders are permitted to travel abroad during their stay in the UK and subsequently return to complete their authorized period of stay. This flexibility allows for essential travel or temporary departures without jeopardizing one’s immigration status.
• Change of Employers: Under specific conditions, individuals can change employers to work as a domestic worker in another private household within the UK. However, this change is only permissible if it does not exceed the 6-month visa duration. This provision offers some flexibility for those seeking different domestic employment opportunities during their stay.

Prohibited Actions

• Working Outside Domestic Roles: Visa holders are strictly prohibited from engaging in any form of employment outside the scope of domestic work within a private household. This visa category is tailored specifically for domestic workers, and any deviation from this employment type could result in immigration violations.
• Extended Residence: The Overseas Domestic Worker Visa does not serve as a means for long-term residence in the UK through frequent visits. Visa holders must adhere to the 6-month stay limit and return to their home country upon its conclusion. The visa is not a pathway to settlement or indefinite residency.
• Public Funds: Visa holders are ineligible to access public funds while in the UK. This means that individuals on this visa must be financially self-sufficient and not rely on government welfare or support during their stay.

Q.2  Who is eligible for the Overseas Domestic Worker Visa?

To be eligible for this visa, you must live outside the UK, work as a domestic worker (e.g., cleaner, chauffeur, cook, nanny, or caregiver) in a private household, have been employed by your current employer for at least one year, and meet other eligibility requirements set by the UK government.

Q.3  What is the maximum duration of stay with the Overseas Domestic Worker Visa?

With this visa, you can visit the UK with your employer for a period of up to six months. It is essential to note that extensions are not allowed under this category.

Q.4  Can I include my family members in my application?

Unfortunately, you cannot include your family members (spouse, children) in your application under the Overseas Domestic Worker Visa category. Each individual must apply separately if they wish to join you in the UK.

Q.5  Do I need to prove my English language proficiency for this visa?

If you plan to settle in the UK as a domestic worker, you will need to demonstrate your knowledge of the English language. You can do this by passing an approved English language test or having an academic qualification taught in English.

Q.6  What rights do I have as an Overseas Domestic Worker in the UK?

As an Overseas Domestic Worker, you have employment rights that include receiving at least the national minimum wage, not being forced to work excessive hours, receiving holiday pay, and being entitled to notice if your employment ends.

Q.7  Can I extend my stay in the UK with this visa?

No, you cannot extend an Overseas Domestic Worker Visa. However, if you applied for a Domestic Worker in a Private Household visa on or before 5 April 2012, you may be eligible for an extension.

Q.8  What should I do if I suspect I am a victim of modern slavery or human trafficking while on this visa?

If you believe you are a victim of modern slavery or human trafficking, you should contact the police or another first responder organization immediately. They can assist in referring your case to the relevant authorities.

Q.9  How can I apply for protection if I am a victim of modern slavery or human trafficking?

To apply for protection as a victim, you must have a ‘conclusive grounds’ letter from the Single Competent Authority (SCA) confirming your victim status. You can then apply online within 28 days of receiving this confirmation.

Q.10  Can I work while under the protection of this visa category?

Yes, victims of modern slavery or human trafficking under this visa category can work as domestic workers for up to two years, even without a job offer prior to arrival in the UK.

Q.11  Is there any cost associated with applying for protection as a victim?

No, it is free to apply for protection as a victim of modern slavery or human trafficking under this visa category.

Q.12  What if I want to apply for a different visa after my initial application is refused?

If you apply for a different type of visa within 28 days of receiving a refusal, you can still apply for protection as a victim of modern slavery or human trafficking within 28 days of the refusal.