Your Immigration Rights

Before 6 April 2012 Overseas Domestic Worker visa was a yearly renewable permit leading to settlement after 5 years. Dependents could join the worker. Currently there are very few workers with this Domestic Worker Visa under the old regime. Please see here about our campaign to fix the current visa regime.

Majority of the overseas domestic workers arrive to the UK on a non-renewable six month visa.

If you are not sure about the date of issue of your visa to enter the UK, or have any other questions on your rights in the UK, please contact Kalayaan to arrange an appointment to register with us. Our services are FREE and CONFIDENTIAL.

Visa issued after 6 April 2012

If you hold an Overseas Domestic Worker visa issued after 6 April 2012, you cannot extend your visa.

You are allowed to change your employer and work as a domestic worker until expiry of your visa. You will need to work for one employer, for a minimum of 30 hours per week, in one private household. You have to be paid National Minimum Wage in the UK. Please see here for information about National Minimum Wage.

If your visa was issued after 6 April 2012 and it has now expired, you have overstayed your visa. Please contact Kalayaan for CONFIDENTIAL advice on your situation.

Can I apply for my spouse or dependent children to join me?

As a domestic worker on a visa issued before April 2012, you can apply to bring your spouse or any dependent children (under 18) to join you in the UK for the time you have on your visa. However, they must be able to support and accommodate themselves without the need for any public funds.

If your visa was issued after April 2012, you cannot bring your spouse or dependent children.

If you already have indefinite leave to remain then the rules regarding bringing your husband and/or children to the UK changed on 9 July 2012 and you will now need to show a minimum income.

How are the rules different for Domestic Workers on diplomatic visas?

If you are working in the home of a diplomat in the UK, your visa will initially be for 24 months, but you may apply to stay longer, up to 5 years, if your employer is still in the UK and you are still working for them. You do not have a right to apply for settlement after 5 years.

You are allowed to change employer once you are in the UK, but you can only work for someone as a domestic worker in their private household. You will not need permission to change employment, and you can stay until the end of your visa – if your new employer is not a diplomat you will not be able to stay longer in this category.

Victims of trafficking and modern slavery and NRM

Unfortunately, some Overseas Domestic Workers are the victims of exploitation. You may be entitled to protection and assistance in the UK, if it is accepted that you are or have been a Victim of Modern Slavery and/Trafficking.

The Home Office[1] says modern slavery encompasses:

Human trafficking
Slavery, servitude and forced or compulsory labour

Domestic servitude includes people working in a household where they are:

strictly controlled by their employer
have no freedom to leave the house
ill treated
humiliated
subjected to exhausting working hours
forced to live and work under unbearable conditions
forced to work for little or no pay

Your circumstances may be worsened by the fact that it is very difficult for you to leave your employer and seek help, because your employer creates physical and psychological obstacles, for example, instilling fear by threatening you or relatives, with further abuse or deportation, or by withholding your passport. If you think this may apply to you but are not sure, the starting point should be to think carefully about all the reasons why you might be unhappy with your work conditions, for example if you are being treated badly or unfairly. You may want to discuss this matter or seek advice from Kalayaan on this subject, in which case please email info@kalayaan.org.uk or telephone us on 0207 243 2942.

FINDING HELP

If you are in immediate danger in your place of work in the UK, you should contact the police dialling 999, as the police can help to remove you from the immediate risk. They can also help you access assistance in these circumstances.

NATIONAL REFERRAL MECHANISM (NRM)

In outline, to enter the National Referral Mechanism, you must be referred into this process by a ‘First Responder’, who thinks you may have been the Victim of Trafficking or Modern Slavery. A decision maker called the ‘Single Competent Authority’ must initially decide if there are ‘Reasonable Grounds’ for thinking you have been a victim. If they are of the view that there are ‘Reasonable Ground’ for thinking this is the case, you will be entitled to help and assistance on this basis.

If you receive a positive ‘Reasonable Grounds’ decision, you will then be entitled to access a range of government support and services, which includes:

Safe accommodation
Financial support
Free legal representation for immigration (if they meet the eligibility criteria).
Independent emotional and practical help
Access to the NHS

The Single Competent Authority will eventually make a ‘Conclusive Grounds’ decision. If the ‘Conclusive Grounds’ decision is positive, a Recovery Needs Assessment will be undertaken. The Single Competent Authority will then determine what support should be in place for you after the Conclusive Grounds decision is made. You may be also be entitled to remain in the UK for a limited period.

If you receive a negative Reasonable Grounds decision or a Negative Conclusive Grounds decision, there is no right of appeal. We can ask for these decisions to be reconsidered. A legal challenge can be brought through a mechanism called a “Judicial Review”. You will need a solicitor to assist with applying to bringing a “Judicial Review”.

Kalayaan is a ‘First Responder’, so we can make a referral into the NRM process. In order to assist you, we would need to register you as a client and then ask you questions about your work history, work conditions and personal circumstances, in order to assess whether, in our opinion, we think you have been a Victim of Trafficking and Modern Slavery. If we think you have been a victim, we will prepare the referral on your behalf. If we do not think you have been a victim, it is open to you to seek a second opinion.

If you receive a positive Reasonable Grounds decision, we may continue to provide you with assistance and support, whilst your NRM matter progresses. However, as we are a small charity, this will depend on our resources, your needs and the other support available to you.

Kalayaan is a First Responder focusing on individuals who came to the UK on an Overseas Domestic Worker visa, or who have been brought to the UK on the belief that they had such a visa. If this was not the case for you, then you can seek help from another First Responder organisation. The Government website sets out a full list of First Responders able to refer potential victims of trafficking to the NRM.

Kalayaan operates with limited resources and it is possible that we cannot refer a case immediately. If that is the case, we will either put you on a waiting list or encourage you to contact another First Responder organisation. In the case of the latter, please refer to List of First Responders.

Your Immigration Rights

FINDING HELP

NATIONAL REFERRAL MECHANISM (NRM)

[1] victims-of-modern-day-slavery-competent-authroity-guidance.pdf (safeguardingchildren.co.uk)