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Help required for Domestic Worker Visa from India

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indozoverseas
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Help required for Domestic Worker Visa from India

Post by indozoverseas » Mon Aug 03, 2015 4:18 pm

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 for 6 months with herself. 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

noajthan
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Posts: 14911
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Location: UK

Re: Help required for Domestic Worker Visa from India

Post by noajthan » Sun Sep 06, 2015 5:33 pm

indozoverseas wrote: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 for 6 months with herself. 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
Clearly adequate evidence of eligibiity will be required before any such visa would be granted;
See https://www.gov.uk/domestic-workers-in- ... a/overview
You must also provide information about your job, including:

a letter from your employer confirming that you’ve worked for them in the same job for at least 1 year
a completed and signed statement of your terms and conditions of employment
a statement from your employer confirming they’ll pay you at least the national minimum wage while you’re working for them in the UK

You must also provide 1 of the following documents covering the same period of employment:

pay slips or bank statements showing payment of salary
confirmation of tax paid
confirmation of health insurance paid
contract of employment
It would be a nice gesture for the employee to be paid the UK 'living wage' whilst in UK rather than the basic requirement of legal minimum wage.
See http://www.livingwage.org.uk/what-living-wage
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Help required for Domestic Worker Visa from India

Post by secret.simon » Sun Sep 06, 2015 7:20 pm

It is refreshing to see that you have actually done your research before asking the question.

Unfortunately, based on the information in the initial post, I do not believe that the caretaker qualifies for a ODW visa.

Au-pairs are a separate category of workers. And while you correctly pointed out a selection of points that favour its application to the ODW visa, I will point out why that fails.

https://www.gov.uk/au-pairs-employment-law/au-pairs
An au pair isn’t classed as a worker or an employee if most of the following apply:
they’re a foreign national living with a family in the UK
they’re an EU citizen or have entered the UK on a Youth Mobility visa or student visa
they’re here on a cultural exchange programme
they’ve got a signed letter of invitation from the host family that includes details of their stay, eg accommodation, living conditions, approximate working hours, free time, pocket money
they learn about British culture from the host family and share their own culture with them
they have their own private room in the house, provided free of charge
they eat their main meals with the host family, free of charge
they help with light housework and childcare for around 30 hours a week, including a couple of evenings babysitting
they get reasonable pocket money
they can attend English language classes at a local college in their spare time
they’re allowed time to study and can practise their English with the host family
they sometimes go on holiday with the host family and help look after the children
they can travel home to see their family during the year
If you notice, the crucial thing that distinguishes au-pairs from other household workers (even nannies, housekeepers and gardeners are excluded) are that they are here to learn English and British culture and primarily look after children. Note that the number of hours that they can work are only about 30 hours a week.

Also, note that the family does not sponsor au pairs, but that they are here on their own, either as an EU citizen or on a Youth Mobility visa or student visa.

Now onto the ODW visa. There is a reason that this site do not have a section for Tier 3 visas. They were never created. Tier 3 visas was supposed to cater for low-skilled migration. But after the A8 accession to the EU, there was a flood of low-skilled migration from within the EU (primarily from Poland) that depressed wages for low-skilled workers in the UK. That is why even ODW workers have to be paid the national minimum wage, else everybody will import cheaper workers from India and the Phillipines while they live in the UK.

I could find nothing on the gov.uk website that suggests that there are exceptions to the ODW visa.
Note that the ODW not only must be paid the minimum wage, but also that they can not work more than 48 hours a week (by the Working Time Directive of the EU) and must get atleast 25 days of holiday. That is to say, the ODW worker will get British employment rights and will be governed by British and European employment law.

Does your relative really want all that cost and overhead?

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Help required for Domestic Worker Visa from India

Post by vinny » Mon Sep 07, 2015 12:24 am

Can an employer pay the minimum wage and then deduct the accommodation and food costs, etc?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

secret.simon
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Posts: 11587
Joined: Thu Feb 21, 2013 9:29 pm

Re: Help required for Domestic Worker Visa from India

Post by secret.simon » Mon Sep 07, 2015 1:24 am

vinny wrote:Can an employer pay the minimum wage and then deduct the accommodation and food costs, etc?
Certainly feasible.

But the accommodation cost should presumably be stated upfront in the contract itself and the food cost should be documented. Such a visa will attract close scrutiny in the Home Office. And if anything were to go awry in the relationship between the domestic worker and the sponsor, the case will almost certainly go to court over here. And then documentation could play a big role.

Of course, the 48 hour work week and the 25 days leave (pro-rata) apply regardless.

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