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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Good morning, I employed a domestic worker (full-time) end

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Good morning, I employed a domestic worker (full-time) end of february 2011. She came on 30 december with her former employer on a 6 month  mult visa domestic worker (visitor) that expires on 30 June. Was she allowed to change employer on that kind of visa? We since then pay her taxes, she has a NI number, she can accomodate herself without recourse to public funds. Can we renew her visa and ask for a 12 month extension with me as her new employer. She forgot to send Home Office a letter to let them know about the change, but they said to bring this cover letter with the application.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

I think the UKBA reps that you spoke with may have been a bit confused. I would generally not suggest taking advice from them because it's like taking advice from the opposing team's lawyer.

 

She is permitted to change employers during her visa provided she remains working as a domestic worker. She should really have informed the UKBA of the change of employer and will have to explain why she did not when she comes to extend her visa:-

http://www.ukba.homeoffice.gov.uk/workingintheuk/othercategories/domesticworkers/

 

If she offers a reasonable explanation (eg. Honest mistake) then I would not expect this to preclude her from receiving an extension, but she should certainly volunteer it to them and attempt to mitigate the oversight.

 

She will be able to apply for an extension of her visa provided you are employing her as a domestic worker. If successful then she will granted a visa for a further 12 months. All the forms and information you require is available on this webpage:-

http://www.ukba.homeoffice.gov.uk/workingintheuk/othercategories/domesticworkers/extending/

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

 

Customer: replied 3 years ago.

Thank you for the information Tom,

 

I read most of this information on the Home office webpage but I need to be sure that I can employ a domestic worker on a mult entry domestic worker (visitor) visa (as stated in her passeport). She came here on a 6 month domestic worker visitor visa and not a long-term domestic worker visa. Can she change jobs on that kind of visa? Or should she have left the country with her former employer?

 

Also all her correspondence such as Bank statement, payslips, ... are at my adress. When we discussed her employment we said that we might consider a live-in position but we were and are still refurbishing so she is living at a friends apartment (for free) next to our house. What should we state for her residency. Just explain what I just told you?

 

Kind regards

Expert:  Thomas replied 3 years ago.
Hi,

The category that you refer to is also the category I refer to in my answer above, they are the same and the guidance on the UKBA webpage that I referred you to is the guidance for her current visa. The "Multi Entry" visitors

Provided there was no significant gap between her employment with her previous employer and her employment with you then she should be fine in terms of not having left the country. I would though ask the previous employer to confirm her termination date in writing.

She would need to continue to meet the existing eligibility criteria so the best way to increase her likelihood of a successful application would be for her to live there with you. You should impress upon the UKBA that she will shortly move in to your house following a brief refurbishment, but that in any event until the refurbishment is carried out you shall meet the costs of her accomodation (if any) in the meantime so that she does not need to access public funds. That is the key.

Trust this clarifies, if so please click accept.

Kind regards,

Tom
Customer: replied 3 years ago.

Thank you, XXXXX XXXXX Her employer left the country early january (but she might still have be working for her, can she still be considered haven worked for her employer if she left the UK) and I employed her end of February, is that an acceptable amount of time?

Expert:  Thomas replied 3 years ago.
Hi,

I think that's going to be fairly borderline in all honesty. It's quite a gap.

If she was still performing domestic tasks for the employer albeit that they had left the country then I would express this in the application and also ask that her former employer corroborates this in a supporting letter.

You're just going to have to take your chances in all honesty. If the application is well prepared (it sounds like you're very much on the right lines) and the former employer helps then I would put your chances at slightly better than 50:50.

Please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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