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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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We have just moved back to the UK (April 2013) with our Filipina

Customer Question

We have just moved back to the UK (April 2013) with our Filipina maid who was granted a 6month visa. We would like her to stay but understand the restrictions posed by the UKBA. Is there any way we could employ her through an EU company which should then allow her to move freely through the EU (or is it restricted only to the Schengen countries)? If not, is there any other way that we could pursue that would allow her to stay in the UK and work? She is high school educated and previously worked for us in the UAE. Thanks. Nick
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid not, not.

We are asked this quite a bit.

Basically, any person who proposes to work in the United Kingdom, or carry out work tasks for employment which is based outside of the UK (eg. The EEA) must have leave to remain in the UK with permission to work.

Therefore, a French company would needed a Moroccan employee to come to the UK to work for a month would still only be able to do this if the Moroccan employee obtained a visa in order to let him do this. The fact that he would be employed by a French company would be irrelevant because he would still have to comply with the UK’s immigration rules.

There is no permanent category for domestic workers such as your maid. Were you only coming to the UK for a short time then there is a possibility that she could get a Domestic Workers Visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/othercategories/domesticworkers/
This is only applicable where the sponsor employer proposes to spend up to 6 months in the UK visiting before leaving.

This type of employment is also not one which a Tier 2 Sponsored Skilled Worker visa would be granted for either.

As a caution, if you are found to be employing someone in the UK without them having permission to work then you would also be liable for a fine of up to £10, 000.00 so it’s important that she is jut here for a visit and not to discharge any work duties.

I am very sorry.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Customer: replied 1 year ago.

Did you get my reply requesting whether this was only true in the UK Vs the rest of Europe as the UK is outside of the Schengen Visa, ie free movement between countries?


 

Expert:  Thomas replied 1 year ago.
Hi,

A schengen visa is a visitor's visa for a person to travel between schegen countries, it is not a work visa which would entitle her to work.

She would still require an appropropriate form of work visa whether in the UK or any schengen country I'm afraid. Some countries may have less strict rules on domestic maids than others but she would still need a visa for the country in question regardless .

I am sorry.


Please remember to rate my answer.


Kind regards,

Tom
Expert:  Thomas replied 1 year ago.


Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

Kind regards,


Tom


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