Help Needed for Overseas Domestic Worker Visa

Hi All

This forum is quite interesting and informative!

I have a query for my relative who is a british citizen. She owns a house here in India. her house is being looked after by a Care taker female. now she wants to take that female care taker to UK as a domestic worker. she is a retired female and gets pension of GBP 1000 per month. when i checked the website of UKBA its was written that ODW needs to be paid the national minimum wage rate which is GBP6.50 per hour.

here is my doubt if this ODW can be put under exempted category because she will be living with the employer and doing all the leisure activities with them, eating food together etc. then we dont need to mention the minimum wage rate in the contract? or Indian Workers are not included in the exempted persons? as the statement said e.g. AU pair but India is not a part of AU pair.

also, what evidences can be shown for previous one year relation between employer and employee? as there is no formal offer letters for servants in India nor they are paid salary in account. she was getting paid by her relative in cash per month.

Can anyone help on this all and provide the document checklist.

Thanks
Ankur

As this forum is primarily used by people who move from the USA to the UK, I don't think anyone will be able to answer your question.  This is not a visa category that is open to US citizens, so we aren't familiar with it.

You'll have better luck at immigrationboards.com where they help people all over the world.

my relative who is a british citizen. She owns a house here in India. her house is being looked after by a Care taker female. now she wants to take that female care taker to UK as a domestic worker.

You're making it sound like your relative wants to bring her domestic worker to the UK permanently? That was stopped on 6 April 2012. Now the Domestic Workers in a Private Household visa is just a six month maximum visa for those visiting the UK with their employer, who is also only visiting the UK.

People who move the UK cannot bring a domestic worker. They are expected to employ a Brit, EU citizen or someone who has permission to work for any employer in the UK.



Domestic Workers in a Private Household visa


Your employer

Your employer must be either a:

    British or European Economic Area (EEA) national who usually lives outside the UK and who doesn’t intend to remain in the UK for more than six months
    foreign national who is coming to the UK on a visit and who doesn’t intend to remain for more than 6 months

https://www.gov.uk/domestic-workers-in-a-private-household-visa/eligibility



How long you can stay

You can use this visa to visit the UK with your employer for up to 6 months.

You must return home at the end of the 6 months or when your employer returns home, whichever is sooner.[/b]

https://www.gov.uk/domestic-workers-in-a-private-household-visa/overview

no. she wants to bring the domestic helper for 6 months only as my relative they visit India frequently and after 6 months they will bring her back with themselves.

So she's thinking of bringing her domestic worker over and paying her what? With her meals?

she wants to pay GBP300 in cash/account (including meal and accommodation)

my relative they visit India frequently and after 6 months they will bring her back with themselves

She can't bring a domestic worker from outside the EU, back to the UK with her.

What you want to do can't be done anymore as the UK stopped that over 3 years ago.

Even if she could (which your relative can't) she must pay them the hourly rate of the UK national minimum wage for that 6 months (presently £6.50 and hour), and pay all of their NHS bills (if they needed to use it).

It will be cheaper for your relative to employ an EU citizen for 24 hours a week (pay them £156 for 24 hours a week) as that EU citizen will then be able to get the UK to pay their NHS bills and they will be able to look for a second part time job to survive on.

she wants to pay GBP300 in cash/account (including meal and accommodation)

She would have to pay at least the UK minimum hourly wage of £6.50 to the person she employs and also has to comply with any HMRC employer regulations. She can't bring someone back from India with her.

This is pretty close to domestic servitude.