Immigration Rules Appendix Domestic Workers in a Private Household
Immigration Rules Appendix Domestic Workers in a Private Household
This route is for a domestic worker in a private household, who first entered the UK under the Rules in place before 6 April 2012 and wishes to extend their permission to stay.
The applicant must be in the UK.
This is a route to settlement.
Dependants are permitted on this route.
DW 1.1. A person applying for permission to stay as a Domestic Worker in a Private Household must apply on the gov.uk website on the specified form FLR(IR).
- DW 1.2. An application for permission to stay as a Domestic Worker in a Private Household must meet all the following requirements:
- (a) the applicant must be in the UK on the date of application; and
- (b) any fee and Immigration Health Charge 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 travel document which satisfactorily establishes their identity and nationality.
DW 1.2A. The applicant must have entered the UK with valid entry clearance as a Domestic Worker in a Private Household under the rules in place before 6 April 2012 and have held permission to stay as a Domestic Worker in a Private Household since they entered on this route.
DW 1.3. An application which does not meet all the validity requirements for a Domestic Worker in a Private Household may be rejected as invalid and not considered.
DW 2.1. The applicant must not fall for refusal under Part 9: Grounds for Refusal.
DW 2.2. The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
DW 3.1. DELETED.
DW 3.2 DELETED.
DW 3.3. The applicant must be employed for at least 30 hours per week in a private household under the same roof as the employer or in the same household as the employer for the duration of their employment.
DW 3.4. The applicant must have agreed in writing, the terms and conditions of their employment in the UK and must provide evidence, in the form set out in Appendix Domestic Worker Statement, which must be fully completed and signed by both parties.
DW 3.5. The decision maker must be satisfied that the applicant鈥檚 conditions of employment mean that they will be paid at least the UK National Minimum Wage throughout their employment in the UK.
DW 3.6. The applicant must not intend to take any form of employment except as a Domestic Worker in a Private Household.
DW 4.1. The decision maker must be satisfied that the applicant can and will adequately maintain and accommodate themselves, and any dependants in the UK or applying for entry clearance, without recourse to public funds.
DW 4.2. Funds must be shown as specified in Appendix Finance.
DW 5.1. If the decision maker is satisfied that all of the suitability and eligibility requirements for permission to stay as a Domestic Worker in a Private Household are met the application will be granted, otherwise the application will be refused.
DW 5.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period of grant for a Domestic Worker in a Private Household
DW 6.1 The applicant will be granted permission to stay for 12 months.
DW 6.2. Where the application is decided before the current permission expires, the extension of stay granted may be for a period of 12 months plus the time remaining before the current permission expires (for example, if the application is decided on March 31st and the current permission does not expire until April 30th, an additional period of one month will be granted).
Conditions of grant for a Domestic Worker in a Private Household
- DW 6.3 The grant will be subject to the following conditions:
- (a) no access to public funds; and
- (b) no work except as a domestic worker in a private household; and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
DW 6.4. The applicant is permitted to change employer, without notifying the Home Office, within the validity of their permission as a Domestic Worker in a Private Household.
Validity requirements for settlement as a Domestic Worker in a Private Household
DW 7.1. A person applying for settlement as a Domestic Worker in a Private Household must apply on the gov.uk website on the specified form 鈥淪ettle in the UK in various immigration categories: form SET(O)鈥�.
- DW 7.2. An application for settlement as a Domestic Worker in a Private Household must meet all the following requirements:
- (a) any fee must have been paid; and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be in the UK on the date of application.
DW 7.3. The applicant must have, or have last been granted, permission as a Domestic Worker in a Private Household.
DW 7.4. An application which does not meet all the validity requirements for settlement as a Domestic Worker in a Private Household may be rejected as invalid and not considered.
Suitability requirements for settlement as a Domestic Worker in a Private Household
DW 8.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
DW 8.2. The applicant must not be in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded.
Eligibility requirements for settlement as a Domestic Worker in a Private Household
Qualifying period for settlement as a Domestic Worker in a Private Household
DW 9.1. The applicant must have entered the UK with a valid entry clearance as a Domestic Worker in a Private Household under the Rules in place before 6 April 2012.
DW 9.2. The applicant must have spent a continuous period of 5 years lawfully in the UK as a Domestic Worker in a Private Household under the Rules in place before 6 April 2012.
DW 9.3 The applicant must not have worked in the UK except as a Domestic Worker in a Private Household.
DW 9.4. The applicant must continue to be required by their employer for employment as a Domestic Worker in a Private Household.
Continuous residence requirement for settlement as a Domestic Worker in a Private Household
DW 10.1. The applicant must meet the continuous residence requirement as specified in Appendix Continuous residence during the qualifying period in DW 9.2.
English language requirement for settlement as a Domestic Worker in a Private Household
DW 11.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.
DW 11.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.
Knowledge of life in the UK requirement for settlement as a Domestic Worker in a Private Household
DW 12.1. The applicant must meet the Knowledge of Life in the UK requirement as specified in Appendix KOL UK.
Decision on an application for settlement as a Domestic Worker in a Private Household
DW 13.1. If the decision maker is satisfied that all the suitability and eligibility requirements for settlement as a Domestic Worker in a Private Household are met, the applicant will be granted settlement, otherwise the application will be refused.
DW 13.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Validity requirements for a dependant partner or dependant child of a Domestic Worker in a Private Household route
DW 14.1. A person applying for entry clearance or permission to stay as a dependant partner or dependant child of a Domestic Worker in a Private Household must apply on gov.uk on the specified form Application to extend stay in the UK: FLR (IR).
- DW 14.2. An application for entry clearance or permission to stay as a partner or child of a Domestic Worker in a Private Household must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be applying as a partner or child of a person (P) who:
- (i) has made a valid application for permission to stay in the UK as a Domestic Worker in a Private Household that has not been decided; or
- (ii) has entry clearance or permission to stay as Domestic Worker in a Private Household; or
- (iii) is settled or has become a British citizen, providing that P had permission as a Domestic Worker in a Private Household when they settled and the applicant either had permission as their partner or child at that time or the applicant is applying as a child of P and the applicant was born in the UK before P settled.
DW 14.3. If the applicant is applying as a dependant partner, they must be aged 18 or over on the date of application.
DW 14.4. If applying for permission to stay, the applicant must be in the UK on the date of application.
- DW 14.4A. If applying for permission to stay, the applicant must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student.
DW 14.5. An application which does not meet all of the validity requirements for a partner or child of a Domestic Worker in a Private Household may be rejected as invalid and not considered.
Suitability requirements for a dependant partner or dependent child on the Domestic Worker in a Private Household route.
DW 15.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- DW 15.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a dependant partner or dependant child of a Domestic Worker in a Private Household
Entry requirements for a dependant partner or dependant child of a Domestic Worker in a Private Household
DW 16.1. A person seeking to come to the UK as a partner or child of a Domestic Worker in a Private Household must apply for and obtain entry clearance as a partner or child of a Domestic Worker in a Private Household before they arrive in the UK.
DW 16.2. A person applying for entry clearance as the partner or child of a Domestic Worker in a Private Household must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Relationship requirement for a dependant partner of a Domestic Worker in a Private Household
- DW 17.1. The applicant must be the partner of a person (P) where one of the following applies:
- (a) P has permission as a Domestic Worker in a Private Household; or
- (b) P is, at the same time, applying for (and is granted) permission as a Domestic Worker in a Private Household; or
- (c) P is settled or has become a British citizen, providing P had permission on the Domestic Worker in a Private Household route when they settled, and the applicant had permission as P鈥檚 partner at that time.
- DW 17.2. If the applicant and their Domestic Worker in a Private Household partner are not married or in a civil partnership, all of the following requirements must be met:
- (a) they must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application; and
- (b) any previous relationship of the applicant or their Domestic Worker in a Private Household partner with another person must have permanently broken down; and
- (c) the applicant and their Domestic Worker in a Private Household partner must not be so closely related that they would not be allowed to marry or form a civil partnership in the UK.
DW 17.3. The relationship between the applicant and their Domestic Worker in a Private Household partner must be genuine and subsisting.
DW 17.4. The applicant and their Domestic Worker in a Private Household partner must intend to live together throughout the applicant鈥檚 stay in the UK.
Relationship requirement for a dependant child of a Domestic Worker in a Private Household
- DW 18.1. DELETED
- DW 18.2. DELETED.
DW 18.3. DELETED.
Age requirement for a dependent child of a Domestic Worker in a Private Household
DW 19.1. DELETED.
DW 19.2. DELETED.
DW 19.3. DELETED.
Requirements for a dependent child of a Domestic Worker in a Private Household
- DW 19A.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) relationship requirement: entry clearance and permission to stay; and
- (b) care requirement; and
- (c) age and independent life requirement.
Financial requirement for a dependent partner or a dependant child of a Domestic Worker in a Private Household
DW 20.1 The decision maker must be satisfied that there will be adequate maintenance and accommodation for the applicant, the person on the Domestic Worker in a Private Household route, and any other dependants in the UK, without recourse to public funds.
Decision on an application as a dependant partner or a dependant child of a Domestic Worker in a Private Household
DW 21.1 If the decision maker is satisfied that all the suitability and eligibility requirements are met for a dependent partner or a dependant child of a Domestic Worker in a Private Household the application will be granted, otherwise the application will be refused.
DW 21.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period of grant for a dependant partner or a dependant child of a Domestic Worker in a Private Household
- DW 22.1. A partner will be granted:
- (a) permission which ends on the same date as their partner鈥檚 permission as a Domestic Worker in a Private Household; or
- (b) 2 years鈥� permission if the Domestic Worker in a Private Household was (or is being) granted settlement as a Domestic Worker in a Private Household.
DW 22.2. A child will be granted permission which ends on the same date as whichever of their parents鈥� permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 30 months.
Conditions of grant for a dependant partner or dependant child of a Domestic Worker in a Private Household
- DW 22.3. The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) work (including self-employment and voluntary work) permitted; except for employment as a professional sportsperson (including as a sports coach); and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED.
Settlement as a dependant partner or a dependant child of a Domestic Worker in a Private Household
Validity requirements for settlement as a dependant partner or a dependant child of a Domestic Worker in a Private Household
DW 23.1. A person applying for settlement as a dependant partner or child of a Domestic Worker in a Private Household must apply online on the gov.uk website on the specified form SET (O).
- DW 23.2. An application for settlement as a partner or child of a Domestic Worker in a Private Household must meet all the following requirements:
- (a) any fee must have been paid; and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be in the UK on the date of application; and
- (e) the applicant must be applying as a partner or child of a person (P) who:
- (i) has made a valid application for settlement in the UK as a Domestic Worker in a Private Household that has not been decided; or
- (ii) is settled or has become a British citizen, providing P had permission as a Domestic Worker in a Private Household when they settled and the applicant either had permission as their partner or child at that time or the applicant is applying as a child of P and the applicant was born in the UK before P settled.
DW 23.3. DELETED.
DW 23.4. An application which does not meet all the validity requirements for settlement as a partner or child of a Domestic Worker in a Private Household may be rejected as invalid and not considered.
Suitability requirements for a dependant partner or a dependant child of a Domestic Worker in a Private Household
DW 24.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- DW 24.2. The applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a dependant partner or a dependant child of a Domestic Worker in a Private Household
Relationship requirements for a dependant partner or a dependant child of a Domestic Worker in a Private Household
- DW 25.1. The applicant must be the partner or child of a person (P) where one of the following applies:
- (a) P is, at the same time, being granted settlement as a Domestic Worker in a Private Household; or
- (b) P is settled or has become a British citizen, providing P had permission as a Domestic Worker in a Private Household when they settled, and the applicant either:
- i) had permission as P鈥檚 partner or child at that time; or
- ii) is applying as the child of P, and was born in the UK before P settled.
- DW 25.1A. The applicant must either:
- (a) have last been granted permission as a dependent partner or dependent child of the person (P) in DW 25.1; or
- (b) have been born in the UK and be applying as a child of the person (P) in DW 25.1.
- DW 25.2. If applying as a child, the applicant must meet the relationship requirement for settlement in Appendix Children.
Care requirement for settlement as a dependant child of a Domestic Worker in a Private Household
DW 26.1. DELETED.
Age requirement for settlement by a dependant child of a Domestic Worker in a Private Household
DW 27.1. DELETED.
DW 27.2. DELETED.
Requirements for settlement as a dependent child of a Domestic Worker in a Private Household
- DW 27A.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) care requirement; and
- (b) age and independent life requirement.
Qualifying period requirement for settlement as a dependant partner of a Domestic Worker in a Private Household route
DW 28.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependant partner of the person (P) in DW 25.1.
Continuous residence requirement for settlement by a dependant partner of a Domestic Worker in a Private Household
DW 29.1. The applicant must meet the continuous resident requirement as set out in Appendix Continuous Residence during the period in DW 29.1.
English language requirement for settlement by a dependant partner or dependent child of a domestic worker in a Private Household
DW 30.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening of at least level B1.
DW 30.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.
Knowledge of life in the UK requirement for settlement by a dependant partner or dependant child of a Domestic Worker in a Private Household
DW 31.1. If the applicant is aged 18 or over at the date of application, they must meet the Knowledge of Life in the UK requirement as specified Appendix KOL UK.
Decision on an application for settlement as a dependant partner or dependant child of a Domestic Worker in a Private Household
DW 32.1. If the decision maker is satisfied all the suitability and eligibility requirements are met for settlement as a dependant partner or dependant child of a Domestic Worker in a Private Household, the applicant will be granted settlement, otherwise the application will be refused.
DW 32.2 If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.