Tuesday, August 7, 2007

Information about domestic workers

How long can I stay in the United Kingdom?

If your employer is coming to the United Kingdom as a visitor, we will normally give you permission to stay for up to six months

If your employer plans to live here longer, we will normally give you permission to stay for up to 12 months. The entry clearance sticker or stamp in your passport tells you the date your permission to stay ends. The sticker or stamp in your passport should not give the name of your employer. For more information about entry clearance, contact UKvisas.

Before your permission to stay ends, you must either make arrangements to leave the United Kingdom or apply to us to stay longer.

Can I change jobs when I am in the United Kingdom?

If your permission to stay in the United Kingdom has a time limit, you may change to another job as a domestic worker in a private household. The work must be similar in skill to your original job.

The first time that you change employer after you have entered the United Kingdom, you must write to the Home Office and tell us.

We will need:

  • Your full name and date of birth as in your passport;
  • Where and when you got your original entry clearance;
  • Details of your original and new employer; and
  • The reason why you have changed employment.

You do not have to make a formal application until you need to apply to extend your stay.

If you have worked in the United Kingdom for four years and we have given you permission to stay for an indefinite period, you can take any job without our permission.

How do I apply to extend my stay?

You will need to complete an application form. An application (except for asylum or a work permit or under European Community Law) will not be valid unless you make it on the right application form. You can get details of which form to complete and copies of the forms.

You should send the completed form to us, by post, before your permission to stay ends. You can send your application up to six weeks before your permission to stay ends. The application form will give you details of all the documents you will need to send with your application and where you should send it.

You must include:

  • Your passport;
  • A letter from your employer confirming that he or she wishes to continue to employ you;
  • A letter from your employer outlining the main conditions of your employment, including details of your duties, rate of pay and hours of work; both you and your employer should sign this document;
  • A letter from your employer confirming that they will comply with the United Kingdom law on the national minimum wage; we cannot refuse your application because your employer fails to comply with this request;
  • Evidence that you can support and accommodate yourself without help from public funds.

If your application is successful, we will normally give you 12 months' permission to stay in the United Kingdom. After four years' continuous employment as a domestic worker, you can apply to stay in the United Kingdom indefinitely.

If your permission to stay in the United Kingdom is running out and you need to travel urgently, you can apply in person at one of the public enquiry offices.

All documents should be originals unless there is a good reason why you cannot produce them with your application. We will not normally accept photocopies.

Can I re-enter the United Kingdom if I travel abroad?

You can normally re-enter the United Kingdom to complete your stay if you can show that you are still employed as a domestic worker in a private household. It is a good idea to have a letter from your employer saying that they will continue to employ you when you return.

Can I stay in the United Kingdom if I no longer have a job?

You can stay in the United Kingdom until your permission to stay ends as long as you have enough money to support yourself without help from public funds.

You must make arrangements to leave the United Kingdom before your permission to stay ends. We will not give you permission to stay in the United Kingdom if you are no longer working as a domestic worker.

You will be breaking the law if you do any other work or stay in the United Kingdom after your permission to stay ends.

If you do not have the money or a ticket to return home, you should contact your embassy. The address and telephone number of your embassy should be listed in the London telephone book, or you can telephone directory enquiries on 118 500.

What are public funds?

If you come to live or stay in the United Kingdom, you must be able to support and accommodate yourself without claiming certain state benefits. These are:

  • Income Support and Jobseeker's Allowance (JSA);
  • housing and homelessness assistance;
  • Housing Benefit and Council Tax Benefit;
  • Working Families' Tax Credit;
  • a social fund payment;
  • Child Benefit; or
  • any disability allowance.

What should I do if my employer leaves the United Kingdom?

If you came with your employer on a visit to the United Kingdom, we expect you to leave with them. If you stay longer, you cannot work unless members of their close family are also visiting and they want you to work for them. You must, however, leave at the end of your permission to stay.

If your employer is living in the United Kingdom and takes trips abroad, you do not need to go with them as long as they are still based in the United Kingdom and are going to return.

If your employer leaves the United Kingdom permanently, we expect you to leave with them. If you do not, you must make arrangements to leave the United Kingdom before your permission to stay ends.

Will the law protect me if a crime if committed against me?

Everybody in the United Kingdom has the full protection of the criminal law, whatever their nationality or conditions of stay. There are strict laws in the United Kingdom against assault. For example, it is against the law for someone to:

  • keep you locked in the house against your will;
  • sexually harass you or have sex you without your consent; or
  • behave violently towards you.

If anyone assaults you, you should report this to the police. You can find their address and telephone number in the telephone book under 'Police' or by phoning directory enquiries (118 500). In an emergency, dial 999 and ask for the police. They will help you.

If you do not feel able to contact the police directly, you can get confidential support and advice from Kalayaan.

Can my employer keep my passport?

Your passport is proof that you have permission to stay in the United Kingdom. It is an important document and you should keep it in a safe place. Your employer should not keep it for you. If your employer is keeping your passport without your permission and refuses to return it, you should report this to the police and your embassy.

What employment rights do I have?

You and your employer should already have agreed the conditions of your employment. You should have a copy of this document.

Your employer cannot change the conditions of your employment unless you agree. For example, your employer must:

  • Pay you the agreed rate (which should be at least the National Minimum Wage);
  • Not force you to work excessive hours;
  • Give you agreed holiday pay; and
  • Give you the notice you are entitled to.
  • If they do not, you should be able to take legal action through an Employment or Industrial Tribunal or the civil courts.

Even if you do not have a contract of employment, the law gives you rights, including the right to rest breaks, paid holidays, maternity and parental leave and protection against sex and race discrimination. Please contact your trade union for advice.

Trade unions protect workers' rights. For details of how the Transport and General Workers Union (TGWU) can help you, please contact them at:

Transport and General Workers Union
Transport House
128 Theobalds Road
London WC1X 8TN

Telephone: 020 7611 2500

Fax: 020 7611 2555

What if I need medical attention?

You are entitled to free healthcare from the United Kingdom Health Service because you are 'ordinarily resident' in the United Kingdom. This means you have either come to the United Kingdom to work or you have been in the United Kingdom for more than 12 months. You will need to register with a doctor to receive treatment.

You can telephone directory enquiries to find out the telephone number of your nearest doctor. Or, you can call the Health Information Service free on 0800 66 55 44.

Further advice and support


This organisation is not part of the Home Office. It provides free, confidential, independent advice and support on immigration and employment problems, and offers a place for domestic workers to meet. You can contact or visit Kalayaan at:

Kalayaan
St Francis Centre
13 Hippodrome Place
London W11 4SF.

Tel: 020 7243 2942
E-mail: www.kalayaan.org.uk

Opening times: Monday, Tuesday, Thursday 9:30 am to 5:30 pm
Wednesday, Friday 9:30 am to 8:30 pm
Saturday CLOSED
Sunday 11 am to 8:30 pm

Nearest tube: Holland Park (Central line).

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