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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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My question is regarding an application for a domestic worker

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My question is regarding an application for a domestic worker visa submitted before the rule change and was rejected. The applicant currently works for my sister as a housekeeper and has done so for the past 5 years. In addition, I visit my sister's home a couple of times a year on the average for about 2 weeks each time and hire her to look after my kids while I am visiting. The basis of refusal was as follows:

1) Proof of employment for a year or more (Photocopies of payslips and an employment contract were submitted but they wanted originals which is fine as we have those.)
2) That the applicant appeared to be an acquaintance instead of an employee (Various photos of the applicant at family events were submitted but the ECO interpreted as her being a member of the family and not an employee)
3) Proof of past employment with me (Here is where I have a problem. Since it was a short term need, I paid her in cash and did not have any documentation or contracts. I was advised to sign an affidavit which I'm happy to if it will help)
4) Proof that my sister and I are part of the same household. (I'm not really sure how to prove this. Do you have any ideas on what is considered acceptable?)

We appealed the decision and have recently been sent a notice to appear at an oral hearing on behalf of the applicant. So I'm trying to pull together acceptable paperwork to refute the refusal reasons.

Do you have any suggestions on acceptable proof especially for Nos 3 and 4 above
Hi,

Is the application based upon the appicant being a domestic worker of your sister. Did she continue to work for your sister whilst also working for you?

Tom
Customer: replied 5 years ago.

The application was based upon me taking over her employment from my sister. Yes she continued working for my sister while working for me. In fact she still works for her. My sister would give her a reprieve from her duties so she could help look after my kids while I was around. Her kids are now teenagers and do not need as much attention so she doesn't need her as much as when her kids were younger. However, I have young kids and so I was led to believe that I could take over her employment under the terms of the domestic worker visa requirements.

Ok. I see.

So when you visited were you based in the same house as your sister and her domestic worker?

Was it the case in these periods that she discharged the duties you gave her and you paid her for these?

Tom
Customer: replied 5 years ago.

I typically visit 2 times a year and stay for about 2 weeks. In some years, more just depends on what's going on. Yes it was during these periods that she would work for me and yes I paid her for her services during that period. Unfortunately, I always paid her cash.

Hi

Thanks for your patience.

It seems that 1) of the above can be corrected fairly comprehensively simply by providing the originals.

In respect of 2) you should all execute statutory declarations (ie. Affidavits) confirming that your respective relationships with the application are professional only and not personal. You should state that the photos are not definitive proof of the fact that she is an acquaintance rather than an employee and that her presence in the photos is simply a result of her being there in her capacity (which is the sole capacity for her presence) as an employee.

In respect of 3) it’s obviously now quite difficult to provide documentary evidence since there was none at the time. You should have to address her employment with you in your statements. You should state that this was simply a short term arrangement and that as such no paperwork was prepared. If she continued to be employed by your sister then you should state this and refer to the relevant payslips and other documentary in respect of her employment with your sister during this time.

Again, in respect of 4) it’s difficult to show that you are part of the same household if there are no documentary records of your time together. However, you should argue in your statements and at appeal itself that because of the fact that you are sisters it is not unexpected that there is no documentary evidence of the same. You should go back through your correspondence with your sister (or possibly others) to see if there is any reference to sharing with eachother. If you find some then you can produce this exhibited to your statements.

If you are going to appeal then the applicant should really consider instructing a solicitor to prepare the bundle and to instruct counsel to act on the day. This is the best thing that you could do for her (ie. Paying the fees if necessary).

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Kind regards,


Tom
Customer: replied 5 years ago.

Thank you for your response. I just had a followon question on 4. In respect to 4, I maintain a bank account in the country that my sister resides in. My sister has helped manage the account in my absence and the address on file is her home address. Can I provide statements or any other documentation related to this account as documentary evidence?

Hi,

Sorry, I think the website crasehd for a while there.

The bank statements would be exactly the type of documentary evidence that you woudl submit to subtantiate what you will say in your statments. Submit them.

Please remember to rate my answer.

Kind regards.

Tom
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