As a result, and particularly in light of recent changes to immigration laws, the issue has got to be handled right. I will address this issue in response to a related inquiry from Zoe, a nurse in the NHS with Indefinite Leave to Remain (ILR). Zoe wants to arrange for her Zimbabwean domestic worker to come to the UK. Zoe also has a Zimbabwean fiancé who is currently in the UK on a visitor’s visa. She is planning to marry him shortly.
I will address the domestic servant issue first. The Immigration Rules 395 now make provision for Domestic Workers in Private Households. A domestic worker is regarded as a person providing a personal service linked to the running of the employer's household. Examples include chauffeurs, gardeners, cooks and nannies. In the past, Domestic Workers were provided for only in relation to Diplomatic Households. There is now formal recognition in the Rules for domestic Workers in private households.
According to the Rules, a Domestic Worker must be aged between 18 and 65. For entry clearance purposes, they must have been employed as a domestic worker for one year or more immediately prior to the application for entry clearance, and living under the same roof as their employer. Alternatively, they should show that they have been working in a household that the employer uses for themselves on a regular basis, and there must be evidence that there is a connection between employer and employee. The rules also permit the Domestic Worker to travel in the company of their employer, or in the company of the employers' minor child.
Once admitted to the UK in this capacity, there is a prohibition on taking employment other than as a domestic worker in a private household. There is the usual prohibition on reliance on public funds for both maintenance and accommodation requirements. However, Domestic Workers can in fact change employers, provided they entered originally with entry clearance in this capacity. As with all other workers in approved employment with work permits, Domestic Workers too may apply for Indefinite Leave to Remain after 4 continuous years in the UK in this capacity.
It is important for Zoe to get it right, especially in light of proposed changes to the law. Whilst the employment of unauthorised workers has always been illegal, the Government has now upped the ante by proposing a spot fine of £2000 for knowingly using illegal workers under the new Immigration, Asylum and Nationality Bill which has received its second reading in the House of Commons. It is important to note that although the government is on record as saying that this law will apply primarily to large businesses, it will also apply to the emplyment of domestic workers.
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Wednesday, 1 April 2009
UK immigration rules on marriage
As a result, and particularly in light of recent changes to immigration laws, the issue has got to be handled right. I will address this issue in response to a related inquiry from Zoe, a nurse in the NHS with Indefinite Leave to Remain (ILR). Zoe wants to arrange for her Zimbabwean domestic worker to come to the UK. Zoe also has a Zimbabwean fiancé who is currently in the UK on a visitor’s visa. She is planning to marry him shortly.
I will address the domestic servant issue first. The Immigration Rules 395 now make provision for Domestic Workers in Private Households. A domestic worker is regarded as a person providing a personal service linked to the running of the employer's household. Examples include chauffeurs, gardeners, cooks and nannies. In the past, Domestic Workers were provided for only in relation to Diplomatic Households. There is now formal recognition in the Rules for domestic Workers in private households.
According to the Rules, a Domestic Worker must be aged between 18 and 65. For entry clearance purposes, they must have been employed as a domestic worker for one year or more immediately prior to the application for entry clearance, and living under the same roof as their employer. Alternatively, they should show that they have been working in a household that the employer uses for themselves on a regular basis, and there must be evidence that there is a connection between employer and employee. The rules also permit the Domestic Worker to travel in the company of their employer, or in the company of the employers' minor child.
Once admitted to the UK in this capacity, there is a prohibition on taking employment other than as a domestic worker in a private household. There is the usual prohibition on reliance on public funds for both maintenance and accommodation requirements. However, Domestic Workers can in fact change employers, provided they entered originally with entry clearance in this capacity. As with all other workers in approved employment with work permits, Domestic Workers too may apply for Indefinite Leave to Remain after 4 continuous years in the UK in this capacity.
It is important for Zoe to get it right, especially in light of proposed changes to the law. Whilst the employment of unauthorised workers has always been illegal, the Government has now upped the ante by proposing a spot fine of £2000 for knowingly using illegal workers under the new Immigration, Asylum and Nationality Bill which has received its second reading in the House of Commons. It is important to note that although the government is on record as saying that this law will apply primarily to large businesses, it will also apply to the emplyment of domestic workers.
I will address the domestic servant issue first. The Immigration Rules 395 now make provision for Domestic Workers in Private Households. A domestic worker is regarded as a person providing a personal service linked to the running of the employer's household. Examples include chauffeurs, gardeners, cooks and nannies. In the past, Domestic Workers were provided for only in relation to Diplomatic Households. There is now formal recognition in the Rules for domestic Workers in private households.
According to the Rules, a Domestic Worker must be aged between 18 and 65. For entry clearance purposes, they must have been employed as a domestic worker for one year or more immediately prior to the application for entry clearance, and living under the same roof as their employer. Alternatively, they should show that they have been working in a household that the employer uses for themselves on a regular basis, and there must be evidence that there is a connection between employer and employee. The rules also permit the Domestic Worker to travel in the company of their employer, or in the company of the employers' minor child.
Once admitted to the UK in this capacity, there is a prohibition on taking employment other than as a domestic worker in a private household. There is the usual prohibition on reliance on public funds for both maintenance and accommodation requirements. However, Domestic Workers can in fact change employers, provided they entered originally with entry clearance in this capacity. As with all other workers in approved employment with work permits, Domestic Workers too may apply for Indefinite Leave to Remain after 4 continuous years in the UK in this capacity.
It is important for Zoe to get it right, especially in light of proposed changes to the law. Whilst the employment of unauthorised workers has always been illegal, the Government has now upped the ante by proposing a spot fine of £2000 for knowingly using illegal workers under the new Immigration, Asylum and Nationality Bill which has received its second reading in the House of Commons. It is important to note that although the government is on record as saying that this law will apply primarily to large businesses, it will also apply to the emplyment of domestic workers.
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