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Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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We live in Manchester in the United Kingdom and wish to employ

Resolved Question:

We live in Manchester in the United Kingdom and wish to employ a 23 year old male from Russia as an aupair for 12 -24 months. Having tried to find out what visa he needs to apply for I see that the aupair visa was scrapped in 2008. What visa can he apply for?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

Is the person you intend to employ presently based in Russia?

 

If they are presently based in the UK what immigration/visa status do they hold?

 

Kind regards,

 


Tom

Customer: replied 4 years ago.
They are still in Russia, we have met through an aupair website.
Regards
Liz
Expert:  Thomas replied 4 years ago.

Hi Liz,

 

Thank you for your reply.

 

It's actually a lot more difficult than one would otherwise think.

 

The difficulty here is that to apply for a visa under the special domestic worker category for specifically your household the worker must be able to demonstrate that they have either been working for you for one year (ie. under a separate workers visa) in your house or in a household that you use on a regular basis. Obviously you do not meet this criteria. Rightly or wrongly, it's fairly specific criteria and does not afford much by way rights to persons wishing to become au pairs in this country.

 

They will not be able to apply Tier 2 Skilled Workers visa because although they would have job offer (ie. from you) it would not be from a licensed sponsor because only organisations/sole traders and not families can apply for a licence to be a sponsor. Without a sponsor their application would not be successful. There is also a requirement that the job offer cannot be filled by the existing labour force, so you would also have to prove that the the job at the rate of pay offered (which could not be below minimum wage) could not be filled by a person here.

 

The tightening of the rules is probably a result of there being a large influx of au pairs/nannies under the old visa I'm afraid. Sorry it could not be better news.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

 

 

Tom

Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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