Domestic Workers

These pages explain what you need to know if you are coming to the United Kingdom with your employer as a domestic worker or the following- (chauffeurs, gardeners, cooks and nannies) They are only a guide and aim to answer frequently asked questions.

How long can I stay in the United Kingdom?

When you apply to come to the United Kingdom as a domestic worker, you are normally given permission to stay for up to six months if your employer is coming to the United Kingdom as a visitor. If your employer plans to live here for a longer period, you will normally be given permission to stay for up to 12 months.

Before your permission to stay ends, you must either:

start to make arrangements to leave the United Kingdom; or
apply to the Home Office to extend your stay.

The sticker or stamp in your passport should not give the name of your employer. If it does, please contact the Home Office or ask for advice from a legal adviser. You should also ask for advice if you are in any doubt about when your permission to stay ends.

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

You can change jobs for as long as your new job is as a domestic worker in a private household and the work you do is of a similar level of skill as your original job. For example, this includes childcare, household budgeting and so on. You cannot change to a basic cleaning job.

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

They 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 have been given permission to stay for an indefinite period, you can take any job without their permission.

How can I apply to extend my stay?

You will need to complete an application form. Applications (except those for asylum and work permits or under European Community law) will not be valid unless they are made on the appropriate application form.

To apply for further leave to remain, get form FLR(O).

You should send the completed form to the Home Office, by post, 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 the following:

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; they 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 you need to travel urgently, you can apply in person at one of the Home Office’s public enquiry offices.

All documents should be originals unless you have a good reason as to why you cannot produce them with your application. The Home Office will not normally accept photocopies.

If your application is successful, the Home Office 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.

What employment rights do I have?

You and your employer should already have agreed the conditions of your employment. You should have your own 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
give you agreed holiday pay; and
give you the rights of giving 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 rest breaks, paid holidays, sex and race discrimination and maternity and parental leave. 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
16 Palace Street
London SW1E 5JD

What if I need medical attention?

You are entitled to free healthcare from the United Kingdom Health Service because your 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.