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Government considers review of overseas domestic workers’ visas commissioned to tackle modern slavery (4 January 2016)

Date: 04/01/2016
Duncan Lewis, Personal Injury Solicitors, Government considers review of overseas domestic workers’ visas commissioned to tackle modern slavery

The government has published the findings of a review into whether the current arrangements for the overseas domestic workers’ visas are appropriate, given the government’s commitment to tackling modern slavery in Britain.

The review is evidence-based and includes consultation with non-governmental organisations (NGOs), law enforcement bodies – and other interested parties both inside and outside government.

The review focuses on four specific areas, including arrangements for issuing overseas domestic workers’ visas – and whether there is evidence that these lead to trafficking or slavery.

The review also looks into the terms of overseas domestic workers’ visas – and the identification and provision of support to victims of exploitation who are in the UK on overseas domestic workers’ visas, as well as the effective prosecution of the perpetrators of exploitation.

All these points are considered in the light of the need to maintain the integrity of the immigration system – and the report includes a review of diplomatic overseas domestic workers’ visas.

Recommendations regarding the terms of overseas domestic workers’ visas set out in the Immigration Rules include amending the terms to provide for an initial term of six months (or shorter if the sponsoring employer leaves the UK before then) – including the right to change employer, which would be limited to domestic work in a private household which is not conditional upon claiming or proving any form of abuse.

The review also recommends a period of 28 days’ grace to find another employer – during which time an overseas domestic worker not already in employment would not be considered to be in breach of the immigration regulations by virtue of not being in work.

There is also a recommendation for a requirement to register any change of employer with the Home Office – with the option to give a reason for the change – and the right to apply for extensions of up to 12 months each, up to a maximum of two-and-a-half years, with no right to settlement.

The review recommends further change to the Immigration Rules to provide that, upon informing the Home Office of change of employer, the overseas domestic worker must provide a copy of the new UK contract of employment, which must comply with the terms of Appendix 7 of the Immigration Rules – and upon any application for an extension, the overseas domestic worker must provide the Home Office with evidence of the current contract and recent pay in the form of payslips, showing that the worker has been paid at least the minimum wage.

Upon any application for an extension, the overseas domestic worker must also provide the Home Office with evidence that their employment has been registered with HMRC as soon as the obligation to do so arises.

The review also recommends that every overseas domestic worker who remains in the UK for more than 42 days should attend an information, advice and support meeting.

The government commissioned the review in March 2015 as part of its commitment to stop modern slavery “in all its forms”.

A spokesman said the government was “carefully considering the report’s recommendations” – and would announce its response in due course.

Duncan Lewis Immigration Solicitors

Duncan Lewis immigration solicitors can advise on a wide range of immigration matters, including right to work in the UK, the Modern Slavery Bill, illegal entry to the UK, asylum in the UK and asylum appeals – as well as appeals against deportation from the UK under the Human Rights Act.

Duncan Lewis is a successful firm of Legal Aid immigration solicitors – and can advise on business immigration, work visas, visa overstays and student visas.

For expert legal advice on UK immigration law – including the Modern Slavery Bill and appeals against deportation from the UK using human rights legislation – call Duncan Lewis immigration solicitors on 0333 772 0409.

For urgent help with immigration matters, call the Duncan Lewis 24-Hour Emergency Helpline on 0333 772 0607, where an accredited immigration lawyer is available 24/7.


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