From Thursday the 1st October 2015, the UK National Minimum Wage has increased to £6.70 an hour.
From Thursday the 1st October 2015, the UK National Minimum Wage has increased to £6.70 an hour.
In a judgement handed down on the 17th September the Employment Tribunal upheld the claims of a domestic worker who had been kept in domestic servitude and conditions ‘in clear violation of her dignity’ for over 4 years.
The domestic worker was represented by the Anti Trafficking and Labour Exploitation Unit. You can read more about the case and find the judgement on the ATLEU website
Alarmingly ATLEU has reported that the Legal Aid Agency refused to fund their representation of this claimant for 17 months. It was apparently suggested that her case was not of “sufficient importance or seriousness” and that it was “only a claim for money” so the Claimant could represent herself. This would have necessitated the worker cross examining the employers who had kept her in domestic servitude for years. ATLEU have explained that it was only with relentless legal representation that funding was eventually secured.
The changes to the immigration rules laid before parliament on the 17th September 2015 will not, in the view of Kalayaan and Justice 4 Domestic Workers improve the desperate situation of migrant domestic workers in the UK.
Migrant Rights Network have published Kalayaan and J4DW’s joint statement which sets out our concerns that these changes will not protect against nor prevent abuse and exploitation and could in fact push trafficked workers into re exploitation.
The publication of the review of the Overseas Domestic Worker visa has been delayed. The review was committed to during the passage of the Modern Slavery Bill through parliament and is being carried out by Barrister James Ewins, who will report to the Home Secretary. Although the review had planned to publish its findings mid July 2015 this has now been delayed until November 2015.
In recognition of the importance of the struggle of migrant domestic workers to regain their basic rights Kalayaan has been nominated for a Liberty Human Rights Award in the category ‘Close to Home’. We are delighted to have our and others work recognised in this way and hope that the nomination will in some way contribute to the struggle to untie the binding of migrant domestic workers to their employers in the immigration rules.
Immigration Health Surcharge
In April 2015 the UK introduced an Immigration Health Surcharge (IHS). This is a new requirement that in order to apply to renew your domestic worker visa you need to pay a set amount towards the right to access the UK’s National Health Service (NHS).
The charge for migrant domestic workers is £200. There is currently a problem with the Home Office website which means you will be charged £100. The Home Office have advised that you will be charged the additional £100 and that you should include a short letter with your application explaining that you understand that they are aware of the technical problem and will charge you the remainder.
You need to pay this before you apply to renew your visa. You will be given a reference number when you pay which you must enter on your FLR(0) application form.
You need to pay the charge online and you will need a debit or credit card.
You need to log on to https://www.gov.uk/healthcare-immigration-application/pay and follow the instructions to register and pay the charge.
You will be given a reference number which you will need to enter onto your FLR(0) form.
If you need help with any of this please call Kalayaan on 020 7243 2942 to make an appointment at least a month before your visa is due to expire.
Required Contract of Employment
All FLR(0) visa renewal applications must now include this UKVI contract which can be found at appendix 7 of the immigration rules.
On the 25th March the House of Lords voted against Lord Hylton’s amendment to the Modern Slavery Bill which would have allowed migrant domestic workers in the UK to change employers, doing much to prevent abuse.
The Commons amendment in lieu, proposed by the Government on the 17th March, is included in the Bill. Following this amendment migrant domestic workers who have been found by the Government’s National Referral Mechanism to have been trafficked may receive a six month visa as a domestic worker.
The Commons’ amendment does not improve the current situation for domestic workers. In spite of this amendment migrant domestic workers in the UK remain tied to their employers, and will have no protection and security upon escaping employers until they have a positive NRM decision. This means workers would be expected to escape from their employers and approach the authorities while their immigration status is still insecure. Kalayaan and others have highlighted the shortcomings of this amendment which rather than empowering workers and so going some way to prevent abuse, waits until migrant domestic workers have become victims and have approached the authorities before offering any protection. This is especially concerning given that evidence to date shows that since being tied to their employers fewer workers are coming forward.
The Government have commissioned a review into the current tied visa which Kalayaan and others will submit evidence to. The review is due to report in July 2015.
17th March 2015
Shamefully, MPs in the House of Commons have voted against the protections against slavery for migrant domestic workers. These basic protections, which allowed migrant domestic workers in the UK to change employer and to apply to renew their visa, had been voted into the Modern Slavery Bill by the House of Lords on the 25th February.
The Government opposed the amendment, arguing that by allowing migrant domestic workers to change employer, workers may not go forward to the police and their employers may escape prosecution.
This makes no sense and is morally abhorrent. It also won’t work.
The Modern Slavery Bill is proposing to keep workers we know to be vulnerable to extreme abuses including trafficking and slavery tied to their employers on a visa which has been found to facilitate their abuse in order that these same workers will then before forced to go to the authorities if they are to get any form of protection. In the almost three years during which migrant domestic workers have been tied to their employers, fewer workers known to Kalayaan have gone to the authorities, not more, because they are too scared. They have been made undocumented and criminalised by the act of escaping criminal abuse committed against them. The Government’s amendment instead proposes that those migrant domestic workers who are Conclusively recognised as trafficked through the Government’s identification system may get a six month visa to work as a domestic worker. This will not change the current situation, whereby migrant domestic workers feel unsafe to challenge or to leave abuse, as it offers no protection to any workers until they have gone to the authorities. The worker, terrified, and threatened, in escaping abuse is expected to take a leap of faith. These workers are not coming forward now and we cannot see what the Government’s amendment offers which would change this.
Of the 214 workers who Kalayaan internally identified as trafficked since April 2012 only 63 have consented to a referral into the NRM. In the same time period only 25 workers consented to us supporting them to go to the police. There remains no upheld conviction for trafficking an adult to the UK for domestic servitude. The only conviction for slavery took place prior to migrant domestic workers being tied to their employers. While domestic workers remain insecure and criminalised they are not in a position to think about justice.
Please write to your MP asking them to support the continued inclusion of protections for migrant domestic workers in the Modern Slavery Bill.
Wednesday 25th February was a historic win for migrant domestic workers in the UK when Peers in the House of Lords voted to include important protections against slavery for migrant domestic workers in the Modern Slavery Bill. It is important that these protections remain in the Bill and are not removed if there is a vote on this matter in the House of Commons.
There is not much time. If the Government proposes any amendment to take out these protections this would be likely to be debated during the week of the 9th March.
If you don’t know who your MP is, you can find out here
Feel welcome to use the template letter below. You letter will of course be more powerful if you also use some of your own words. Please make sure you include your full address in the letter so your MP knows that you are one of their constituents:
House of Commons
Dear NAME MP
I am writing to ask if you, my MP, will support the continued inclusion of an important clause to protect migrant domestic workers from slavery in the Modern Slavery Bill.
On the 25th February Peers in the House of Lords voted to include an important amendment, which (i) allows migrant domestic workers in the UK to change employer, (ii) if in employment as a domestic workers to apply to renew their visa, and (iii) to grant those found to have been a victim of slavery a temporary three month visa to give them a chance to find a decent job and begin to rebuild their lives.
Until the Peers voted to include these important protections the Bill did nothing to address the fact that since April 2012 migrant domestic workers have been tied by the immigration rules to the named employer with who they entered the UK on a 6 month, non renewable visa. This means that those who are mistreated or abused have to either endure this treatment, or escape and in doing so breach the terms of their visa.
Reports by migrant domestic workers who approach Kalayaan, a small charity in London, for support show that, as well as stripping workers of options once they escape, the treatment of workers has also worsened with the removal of the basic right of being able to leave their job without breaking the law. Workers on the tied visa are more likely to have been physically abused, never allowed out of their employers’ house, to sleep in the lounge or kitchen and to work more than 16 hours a day.
Between April 2012 and 2014 Kalayaan staff internally assessed more than double (69%) of those who were tied by their visa to their employer as trafficked in contrast with 26% of those who had not been tied.
Migrant domestic workers have long been recognised as particularly vulnerable to abuse because of their dependence on one employer for their work, their visa, most information about the UK and their accommodation. The tied visa tipped this inbalance in power further still, with most workers having their employer’s name written on their visa and being unable to resign from their job lawfully, no matter what their employer did to them.
The Joint Committee on the Draft Modern Slavery Bill found that ‘In the case of the domestic worker’ visa, policy changes have unintentionally strengthened the hand of the slave master against the victim of slavery’. The Committee called on the Government to take immediate action. The Peers have now ensured that the necessary protections to reverse these policy changes are in the Bill and that if the Bill passes as is domestic workers will be able to escape abuse without fearing that they are breaking the law. I very much hope that as my MP you will support the continued inclusion of the amendment in the Bill if there is a vote on the matter.
An important amendment to include vital protections for migrant domestic workers has been voted into the Modern Slavery Bill by the House of Lords on the 25th February 2015. It allows domestic workers to change employer, meaning they can escape abusive employment without fear of breaching the immigration rules.
The vote was won by 183 to 176. We are hopeful that the Government will recognise the importance of these protections and they will go on to become law.
The Amendment, tabled by Lord Hylton, Baroness Royall of Blasidon, The Lord Bishop of Carlisle and Baroness Hanham is as follows.
Insert the following new Clause—
“Protection from slavery for overseas domestic workers
All overseas domestic workers in the United Kingdom, including those
working for staff of diplomatic missions, shall be entitled to—
(a) change their employer (but not work sector) while in the United
(b) renew their domestic worker or diplomatic domestic worker visa,
each such renewal being for a period not exceeding twelve months,
as long as they remain in employment and are able to support
themselves without recourse to public funds;
(c) a three month temporary visa permitting them to live in the United
Kingdom for the purposes of seeking alternative employment as an
overseas domestic worker where there is evidence that the worker
has been a victim of modern slavery.”