Immigration Rules Appendix Domestic Worker who is a Victim of Modern Slavery
Appendix Domestic Worker who is a Victim of Modern Slavery
This route is for a victim of modern slavery who entered the UK as an Overseas Domestic Worker, a Domestic Worker in a Private Household, or as a private servant in a diplomatic household, having held entry clearance in the Temporary Work 鈥� International Agreement category.
The maximum period of grant on this route is 2 years.
This is not a route to settlement.
- DWMS 1.1. A person applying for permission to stay as a Domestic Worker who is a Victim of Modern Slavery must apply on the gov.uk website on the specified form FLR(IR).
- DWMS 1.2. An application for permission to stay as a Domestic Worker who is a victim of Modern Slavery must meet all the following requirements:
- (a) the applicant must be in the UK on the date of application; and
- (b) any fees must have been paid; and
- (c) the applicant must have provided biometrics when required; and
- (d) the applicant must have provided a valid passport or other document which satisfactorily establishes their identity and nationality.
- DWMS 1.3 An application which does not meet all the validity requirements for a Domestic Worker who is a victim of modern slavery may be rejected as invalid and not considered.
- DWMS 2.1. The applicant must not fall for refusal under Part 9: Grounds for Refusal.
- DWMS 2.2. Any relevant period of overstaying to which paragraph 39E of these Rules applies will be disregarded.
- DWMS 3.1. A person applying for permission to stay as a Domestic Worker who is a Victim of Modern Slavery must have, or have last been granted, permission on one of the following routes:
- (a) Overseas Domestic Worker; or
- (b) Temporary Work 鈥� International Agreement, as a private servant in a diplomatic household; or
- (c) Domestic Worker in a Private Household
- (d) outside these Rules having been referred into the National Referral Mechanism (NRM) and be in receipt of a positive Conclusive Grounds (CG) decision.
- DWMS 3.2. The applicant must have been referred into the National Referral Mechanism and be in receipt of a positive Conclusive Grounds decision.
- DWMS 3.3. The application:
- (a) must have been made within 28 days of the applicant being notified of the decision at DWMS 3.2.; or
- (b) where the applicant has an outstanding application for permission to stay (or a grant of leave is being considered) on the date that the decision at DWMS 3.2. is notified to the applicant, the application for permission to stay as a Domestic Worker who is a Victim of Modern Slavery must be made within 28 days of the applicant being notified of the outcome of that application or consideration; or
- (c) if the applicant is a person who falls within DWMS 3.1(d), must be made before the applicant鈥檚 current permission ends.
- DWMS 4.1. If the decision maker is satisfied that all of the suitability and eligibility requirements are met the application will be granted, otherwise the application will be refused.
- DWMS 4.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.
- DWMS 5.1. The applicant will be granted permission to stay for whichever is the shorter of:
- (a) two years; or
- (b) where the applicant already holds permission to stay outside the Rules, having been referred into the National Referral Mechanism and in receipt of a positive Conclusive Grounds decision, permission will be granted for a period which ensures that the total, combined, duration of permission will not exceed 2 years.
Conditions of grant for a Domestic Worker who is a Victim of Modern Slavery
- DWMS 5.2. The grant will be subject to the following conditions:
- (a) no access to public funds; and
- (b) work is permitted as:
- (i) a domestic worker in a private household; or
- (ii) as a private servant in a diplomatic household working only in the household of the employer recorded in a Certificate of Sponsorship in the Temporary Work - International Agreement category; and
- (c) supplementary employment is permitted, only as a domestic worker in a private household; and
- (d) study is permitted, subject to the ATAS condition in Appendix ATAS.