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Andrew
Andrew, Barrister
Category: UK Immigration Law
Satisfied Customers: 28
Experience:  Over 10 years specialist expertise in all aspects of Immigration Law.
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HI!good evening sir,my visa is a domestic helper in a private

Resolved Question:

HI!good evening sir,my visa is a domestic helper in a private household ,just asking about applying an indefinite leave to remain,my visa as domestic helper in a private household start 9th of july 2008 then every year i renew my visa and my recent visa expire on 18th of May 20012 my question is, is it possible to apply before my expiration of my visa which 18th of May 2012 ?sir please advice me when to apply .Thank you very much sir
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Andrew replied 6 years ago.

Andrew :

Hello and thank you for your question.

Andrew :

While it used to be 4 years leave under this category before applying for ILR it is now 5 years.

Andrew :

The relevant rule provides:

Andrew :

Refusal of extension of stay as a domestic worker in a private household
159F. An extension of stay as a domestic worker may be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 159D is met.
Indefinite leave to remain for a domestic worker in a private household
159G. Indefinite leave to remain may be granted, on application, to a domestic worker in a private household provided that:
(i) he has spent a continuous period of 5 years in the United Kingdom employed in this capacity; and
(ii) he has met the requirements of paragraph 159A throughout the 5 year period; and
(iii) he is still required for employment as a domestic worker in a private household, as certified by the current employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application, and
(v) he does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.
Refusal of indefinite leave to remain for a domestic worker in a private household
159H. Indefinite leave to remain in the United Kingdom for a domestic worker in a private household is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 159G is met.

Andrew :

Accordingly I would advise that prior to the expiry of your visa you seek to renew for another year and then apply for ILR as a domestic worker

Andrew :

Please can I ask you to click accept so that the money you have paid does not all remain with the site.

Andrew :

I will be happy to answer any additional question you may have in response

Andrew :

kind regards XXXXX XXXXX wishes

Customer:

im satisfied with what you said , i have read that rules but just wanna sure and im ok with that thank you very much

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