Nanny Visa

[Darkling]

Has anyone applied to have a nanny in England? I am in Thailand on the 17th of this month for a few days and then back in on the 26th again only for adfew days.

I have spoken to the Embassy by email and just get the run of the mill replies, not actually saying anything.

If there is anyone out there who has applied for a nanny visa and got one can you please tell me what they are looking for as far as paperwork is concerned.

We are a limited company Vat registered, and although we only spend about 3 months a year in Thailand our maid/nanny takes care of our rented accomadation while we are not there. She has worked for us for just over 2 years and has 2 years tax returns. I know what they can be like at the Embassy so i would like to get it right straight away. PLease help if you can folks.

[the scouser]

Here are the immigration rules as they pertain to domestic workers:-

159A. The requirements to be met by a person seeking leave to enter the United Kingdom as a domestic worker in a private household are that he:

(i) is aged 18-65 inclusive;

(ii) has been employed as a domestic worker for one year or more immediately prior to application for entry clearance under the same roof as his employer or in a household that the employer uses for himself on a regular basis and where there is evidence that there is a connection between employer and employee;

(iii) that he intends to travel to the United Kingdom in the company of his employer, his employer's spouse or his employer's minor child;

(iv) intends to work full time as a domestic worker under the same roof as his employer or in a household that the employer uses for himself on a regular basis and where there is evidence that there is a connection between employer and employee;

(v) does not intend to take employment except within the terms of this paragraph; and

(vi) can maintain and accommodate himself adequately without recourse to public funds.

For once, they are relatively straightforward and not so open to subjective interpretation. The only possible contention I can see is point (ii); although you spend 3 months of the year in your Thai house, does that constitute "use on a regular basis"?

I'll have a look at the policy tomorrow. In the meantime I'll move this to the visa and migration forum.

Scouse.

[Darkling]

Here are the immigration rules as they pertain to domestic workers:-

159A. The requirements to be met by a person seeking leave to enter the United Kingdom as a domestic worker in a private household are that he:

(i) is aged 18-65 inclusive;

(ii) has been employed as a domestic worker for one year or more immediately prior to application for entry clearance under the same roof as his employer or in a household that the employer uses for himself on a regular basis and where there is evidence that there is a connection between employer and employee;

(iii) that he intends to travel to the United Kingdom in the company of his employer, his employer's spouse or his employer's minor child;

(iv) intends to work full time as a domestic worker under the same roof as his employer or in a household that the employer uses for himself on a regular basis and where there is evidence that there is a connection between employer and employee;

(v) does not intend to take employment except within the terms of this paragraph; and

(vi) can maintain and accommodate himself adequately without recourse to public funds.

For once, they are relatively straightforward and not so open to subjective interpretation. The only possible contention I can see is point (ii); although you spend 3 months of the year in your Thai house, does that constitute "use on a regular basis"?

I'll have a look at the policy tomorrow. In the meantime I'll move this to the visa and migration forum.

Scouse.

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Thanks for your reply scouse, if there is any info that you might think i need i would be very grateful. Thanks in advance paul.

[the scouser]

Basically it's a question of whether your 3 months a year at your house in Thailand count as "a regular basis". The policy doesn't define this, so, ultimately, it's going to be down to the visa officer's own judgment.

There is no objection to a domestic worker being employed and/or paid through your limited company as long as he/she works in your household. You will have to prove your ability to accommodate and pay your employee, and provide a copy of a contract setting out the terms and conditions of employment at the time the visa application is made. You will additionally have to show that the person applying for the visa has been your domestic helper for at least the year preceding the application, without a break.

As I wrote, the only iffy bit appears to be whether part ii will be fulfilled but either speak to the embassy or just whack in the application and make your representations to the visa officer on the day.

Here are the policy guidlines (18.10) as published by UK Visas.

Cheers,

Scouse.

[the scouser]

Sorry, Darkling, I was in a bit of a rush when I replied previously. I'll now set out my thoughts in greater detail.

Part (ii) of the relevant immigration rule stipulates that the visa applicant:-

has been employed as a domestic worker for one year or more immediately prior to application for entry clearance under the same roof as his employer or in a household that the employer uses for himself on a regular basis and where there is evidence that there is a connection between employer and employee.

Now, immediately preceding the application, the person applying won't have been under the same roof as you, as, from what I can gather, you're in the UK and she's in Thailand. However, as your domestic servant is working at your house in Thailand, you might be able to rely on the second part of part (ii) which states that she works in a household which you use regularly. As I previously wrote, it then boils down to whether the visa officer accepts 3 months per year as constituting "regularly".

I would make an application and include a covering letter, in which you state that you share your time between your house in the UK and the one in Thailand, making clear that the lady applying for the visa has remained in your employ whether or not you've been in Thailand.

It's not guaranteed to work, but you can but try. Should the lady succeed, she will be permitted to stay in the UK for 1 year at a time, qualifying for indefinite leave after 4 years. She must apply to the Home Office every year to have her leave extended and can only work for your household. However, once she's got her indefinite leave, she will be under no restriction with regard to for whom she can work.

Best of luck,

Scouse.

[Darkling]

Sorry, Darkling, I was in a bit of a rush when I replied previously. I'll now set out my thoughts in greater detail.

Part (ii) of the relevant immigration rule stipulates that the visa applicant:-

has been employed as a domestic worker for one year or more immediately prior to application for entry clearance under the same roof as his employer or in a household that the employer uses for himself on a regular basis and where there is evidence that there is a connection between employer and employee.

Now, immediately preceding the application, the person applying won't have been under the same roof as you, as, from what I can gather, you're in the UK and she's in Thailand. However, as your domestic servant is working at your house in Thailand, you might be able to rely on the second part of part (ii) which states that she works in a household which you use regularly. As I previously wrote, it then boils down to whether the visa officer accepts 3 months per year as constituting "regularly".

I would make an application and include a covering letter, in which you state that you share your time between your house in the UK and the one in Thailand, making clear that the lady applying for the visa has remained in your employ whether or not you've been in Thailand.

It's not guaranteed to work, but you can but try. Should the lady succeed, she will be permitted to stay in the UK for 1 year at a time, qualifying for indefinite leave after 4 years. She must apply to the Home Office every year to have her leave extended and can only work for your household. However, once she's got her indefinite leave, she will be under no restriction with regard to for whom she can work.

Best of luck,

Scouse.

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Hi Scouse

Thank you so much for your help and advice, its so nice to know that there are people like you in these forums to give such help.

My wife and i return to Thailand with the children in Jan until the end of March. Would it be more prudent to wait until then as she would have been `immediately preceding` the application under the same roof as us.

[the scouser]

Darkling,

My interpretation of part (ii) of the relevant paragraph of the immigration rules is for the entire year preceding the application, the applicant not only needs to have been employed by you but to have worked in the house in which you live. Failing that, you have to rely upon the applicant having worked for the preceding year in a house which you regularly use, and that you can prove a connection between you and the applicant.

Should you live in your house in Thailand between January and March, your domestic, although living under the same roof as you, won't have done so for the year immediately preceding the visa application. You are therefore still going to have to rely upon the second qualification in part (ii); i.e. your domestic has worked in a house, which you regularly use, for the preceding year. Certainly, if you are in Thailand at the time your domestic makes the visa application, your claim to be regularly present in your Thailand house would be strengthened.

Scouse.