Immigration Rules
Immigration Rules: Immigration Rules Appendix Overseas Domestic Worker
gov.uk change note: Changes made in line with Statement of Changes HC 1333.
Headline
The entire Immigration Rules Appendix Overseas Domestic Worker has been withdrawn, removing all eligibility criteria, application processes, and conditions for this visa route.
Changes in detail
- Complete removal of all substantive provisions — The entire appendix containing all requirements for Overseas Domestic Worker applications has been deleted. All paragraphs ODW 1.1 through ODW 8.3 have been removed, including: - Validity requirements (application form, fees, biometrics, documentation) - Suitability requirements (Part 9 compliance) - Entry clearance requirement - Age requirement (minimum 19 years old) - Employment requirements (12-month employment history, employer letter, evidence of employment, written terms, National Minimum Wage commitment) - Employer eligibility criteria (British/foreign national employers, visitor permissions) - Financial requirement (adequate maintenance) - Decision criteria - Grant period (6 months) - Conditions of grant (no public funds, work restrictions, employer change permissions)
Practical implications
This represents the complete abolition of the Overseas Domestic Worker visa route. Practitioners should: - Advise clients that no new ODW applications can be made - Check whether any pending applications will be processed under transitional arrangements (not specified in this diff) - Consider alternative routes for domestic workers, such as the Skilled Worker route if clients meet the requirements - Review cases of current ODW visa holders to understand what happens when their current permission expires - Note that existing ODW visa holders may still be able to change employers under their current conditions until their permission expires
The change affects all prospective domestic worker applicants and their employers who were planning to use this route.
Administrative changes
The document retains only the introductory paragraph explaining the route was for 6-month domestic worker employment and the statement that dependants are not permitted. All rule paragraphs have been replaced with bullet points, suggesting this may be a formatting change to indicate withdrawn provisions rather than active rules.
Diff
@@ -1,6 +1,7 @@ This route is for an Overseas Domestic Worker who is seeking to come to the UK to work for up to a maximum of 6 months as a domestic worker with their current employer. + Dependants are not permitted on this route. @@ -8,37 +9,34 @@ ## Validity requirements for an Overseas Domestic Worker - - - -ODW 1.1. A person applying for entry clearance as an Overseas Domestic Worker must apply on the gov.uk website on the Domestic worker in a private household visa form. - - - - - - - -ODW 1.2. An application for entry clearance on the Overseas Domestic Worker route must meet all the following requirements: - - -(a) the applicant must be outside the UK on the date of application; and - -(b) any fee must have been paid; and - -(c) the applicant must have provided biometrics when required; and - -(d) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality. - - - - - - - - - -ODW 1.3. An application which does not meet all the validity requirements for an Overseas Domestic Worker may be rejected as invalid and not considered. + + +- ODW 1.1. A person applying for entry clearance as an Overseas Domestic Worker must apply on the gov.uk website on the Domestic worker in a private household visa form. + + + + + + +- ODW 1.2. An application for entry clearance on the Overseas Domestic Worker route must meet all the following requirements: + + +- (a) the applicant must be outside the UK on the date of application; and + +- (b) any fee must have been paid; and + +- (c) the applicant must have provided biometrics when required; and + +- (d) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality. + + + + + + + + +- ODW 1.3. An application which does not meet all the validity requirements for an Overseas Domestic Worker may be rejected as invalid and not considered. @@ -47,10 +45,9 @@ ## Suitability requirements for an Overseas Domestic Worker - - - -ODW 2.1. The applicant must not fall for refusal under Part Suitability. + + +- ODW 2.1. The applicant must not fall for refusal under Part Suitability. @@ -63,10 +60,9 @@ ## Entry requirement for an Overseas Domestic Worker - - - -ODW 3.1. A person seeking to come to the UK as an Overseas Domestic Worker must apply for and obtain entry clearance as an Overseas Domestic Worker before they arrive in the UK. + + +- ODW 3.1. A person seeking to come to the UK as an Overseas Domestic Worker must apply for and obtain entry clearance as an Overseas Domestic Worker before they arrive in the UK. @@ -75,10 +71,9 @@ ## Age requirement for an Overseas Domestic Worker - - - -ODW 4.1. The applicant must be aged 19 or over on the date of application. + + +- ODW 4.1. The applicant must be aged 19 or over on the date of application. @@ -87,98 +82,91 @@ ## Employment requirement for an Overseas Domestic Worker - - - -ODW 5.1. A person applying for entry clearance as an Overseas Domestic Worker must have been employed as a domestic worker and living with the employer or in a property that the employer uses as a home for themselves on a regular basis, for 12 months or more immediately before the date of application. - - - - - - - -ODW 5.2. The applicant must provide a letter from their employer confirming all of the following: - - -(a)their employment as a domestic worker; and - -(b)that it meets the requirements set out in ODW 5.1; and - -(c)that the employment is ongoing. - - - - - - - - - -ODW 5.3. The applicant must show they meet the employment requirement by providing one or more of the following: - - -(a) pay slips or bank statements showing payment of salary; or - -(b) confirmation of tax paid; or - -(c) confirmation of health insurance paid; or - -(d) a contract of employment; or - -(e) a work visa, residence permit or equivalent passport endorsement from the country in which the domestic worker has been employed by the employer; or - -(f) a visa or equivalent passport endorsement to confirm the applicant has travelled with their employer. - - - - - - - - - -ODW 5.4. The applicant must have agreed in writing, the terms and conditions of their employment in the UK and must provide evidence, in the form set out in Appendix Domestic Worker Statement. - - - - - - - -ODW 5.5 The decision maker must be satisfied that the employer genuinely intends to pay the applicant at least the National Minimum Wage throughout their employment in the UK. - - - - - - - -ODW 5.6. The decision maker must be satisfied that the applicant intends to work for the employer whilst the employer is in the UK and intends to travel in the company of one of the following: - - -(a) their British employer, or that employer’s British spouse, civil partner or child under the age of 18, where the employer’s usual place of residence is outside the UK and where those individuals do not intend to remain in the UK beyond six months; or - -(b) a British employer’s foreign national spouse, civil partner or child under the age of 18, where those individuals do not intend to remain in the UK beyond six months; or - -(c) a foreign national employer or the employer’s spouse, civil partner or child under the age of 18, where those individuals are seeking, or have been granted, permission under Appendix V: Visitor, except where that permission is to undertake activities listed in Appendix V: Visitor at V 9. - - - - - - - - - -ODW 5.7. The decision maker must be satisfied of all of the following: - - -(a)that the applicant will leave the UK at the end of six months in the UK or at the same time as their employer, whichever is the earlier; and - -(b)will not live for extended periods in the UK through frequent or successive visits; and - -(c)will not make the UK their main home. + + +- ODW 5.1. A person applying for entry clearance as an Overseas Domestic Worker must have been employed as a domestic worker and living with the employer or in a property that the employer uses as a home for themselves on a regular basis, for 12 months or more immediately before the date of application. + + + + + + +- ODW 5.2. The applicant must provide a letter from their employer confirming all of the following: + + +- (a)their employment as a domestic worker; and + +- (b)that it meets the requirements set out in ODW 5.1; and + +- (c)that the employment is ongoing. + + + + + + + + +- ODW 5.3. The applicant must show they meet the employment requirement by providing one or more of the following: + + +- (a) pay slips or bank statements showing payment of salary; or + +- (b) confirmation of tax paid; or + +- (c) confirmation of health insurance paid; or + +- (d) a contract of employment; or + +- (e) a work visa, residence permit or equivalent passport endorsement from the country in which the domestic worker has been employed by the employer; or + +- (f) a visa or equivalent passport endorsement to confirm the applicant has travelled with their employer. + + + + + + + + +- ODW 5.4. The applicant must have agreed in writing, the terms and conditions of their employment in the UK and must provide evidence, in the form set out in Appendix Domestic Worker Statement. + + + + + + +- ODW 5.5 The decision maker must be satisfied that the employer genuinely intends to pay the applicant at least the National Minimum Wage throughout their employment in the UK. + + + + + + +- ODW 5.6. The decision maker must be satisfied that the applicant intends to work for the employer whilst the employer is in the UK and intends to travel in the company of one of the following: + + +- (a) their British employer, or that employer’s British spouse, civil partner or child under the age of 18, where the employer’s usual place of residence is outside the UK and where those individuals do not intend to remain in the UK beyond six months; or + +- (b) a British employer’s foreign national spouse, civil partner or child under the age of 18, where those individuals do not intend to remain in the UK beyond six months; or + +- (c) a foreign national employer or the employer’s spouse, civil partner or child under the age of 18, where those individuals are seeking, or have been granted, permission under Appendix V: Visitor, except where that permission is to undertake activities listed in Appendix V: Visitor at V 9. + + + + + + + + +- ODW 5.7. The decision maker must be satisfied of all of the following: + + +- (a)that the applicant will leave the UK at the end of six months in the UK or at the same time as their employer, whichever is the earlier; and + +- (b)will not live for extended periods in the UK through frequent or successive visits; and + +- (c)will not make the UK their main home. @@ -189,10 +177,9 @@ ## Financial requirement for an Overseas Domestic Worker - - - -ODW 6.1. The decision maker must be satisfied that the applicant can and will adequately maintain and accommodate themselves without recourse to public funds. + + +- ODW 6.1. The decision maker must be satisfied that the applicant can and will adequately maintain and accommodate themselves without recourse to public funds. @@ -201,18 +188,16 @@ ## Decision on an application as an Overseas Domestic Worker - - - -ODW 7.1. If the decision maker is satisfied that all the suitability and eligibility requirements for an Overseas Domestic Worker are met, the application will be granted, otherwise the application will be refused. - - - - - - - -ODW 7.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review. + + +- ODW 7.1. If the decision maker is satisfied that all the suitability and eligibility requirements for an Overseas Domestic Worker are met, the application will be granted, otherwise the application will be refused. + + + + + + +- ODW 7.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review. @@ -221,10 +206,9 @@ ## Period of grant for an Overseas Domestic Worker - - - -ODW 8.1. The applicant will be granted entry clearance for a period of 6 months. + + +- ODW 8.1. The applicant will be granted entry clearance for a period of 6 months. @@ -233,22 +217,20 @@ ## Conditions of grant for an Overseas Domestic Worker - - - -ODW 8.2. The grant will be subject to all the following conditions: - - -(a) no access to public funds; and - -(b) no work except as an Overseas Domestic Worker or a domestic worker in a private household. - - - - - - - - - -ODW 8.3. The applicant is permitted to change employer, without notifying the Home Office, within the validity of their permission as an Overseas Domestic Worker. + + +- ODW 8.2. The grant will be subject to all the following conditions: + + +- (a) no access to public funds; and + +- (b) no work except as an Overseas Domestic Worker or a domestic worker in a private household. + + + + + + + + +- ODW 8.3. The applicant is permitted to change employer, without notifying the Home Office, within the validity of their permission as an Overseas Domestic Worker.