Domestic Workers In Private Households
This category allows overseas employers to bring their domestic workers to the UK with them when they visit for up to 6 months.
When you apply you must have been working for at least 1 year before your application:
- As a domestic worker in the same house as your current employer or
- In a household that your current employer uses regularly, and there is evidence of a connection between you and the employer.
You must also:
- Be aged between 18 and 65 and
- Intend to leave the UK at the end of 6 months or at the same time as your employer, whichever is sooner and
- Not intend to work in the UK except as a domestic worker for that employer and
- Have a written agreement with your employer setting out the terms and conditions of your employment and that your employer will comply with UK law on the minimum wage and
- Be able to support yourself without recourse to public funds.
Representatives Of Overseas Business
This category is open to people who are:
- The sole representative of an overseas company, intending to set up a wholly owned subsidiary or register a UK branch for an overseas parent company or
- An employee of an overseas newspaper, news agency or broadcasting organization who is being posted on a long-term assignment as a representative of your overseas employer.
- Have been recruited and employed outside the UK by a company whose headquarters and principal place of business is outside the UK.
- Not intend to take employment in the UK except as allowed within this category.
- Be able to maintain yourself and any dependents adequately without recourse to public funds.
Additional requirements will need to be met depending on which of the above categories you have come to the UK under. Please ring our office for further information.
EEA citizens and their family members are able to enjoy certain freedoms under their Treaty rights. This means that they are subject to different Immigration Rules as those traveling from outside the EEA. Unlike non-EEA citizens they will not need to apply for a visa before they enter the UK although any family members outside the EEA will have to. They can however apply for a residency card that will certify their status in the UK. The types of residency cards and permits are explained below.
RESIDENCE DOCUMENTS FOR EUROPEAN CITIZENS
Under European law, you do not need to obtain documentation confirming your right of residence in the UK however this may be beneficial should you ever need to demonstrate that you are residing in the UK. For example if you wish to bring any of your family members who are not EEA nationals to live with you in the UK.
You can apply for residency documents if you are:
- Employed or self-employed or
- Studying or
- Economically self-sufficient or
- A job seeker or
- Retired or
- Someone who has had to cease working in the UK owing to permanent incapacity.
There are two types of residency documents. A registration certificate that certifies that you are exercising your EEA Treaty rights in the UK and a document certifying permanent residence which you can apply for after 5 years.
EEA Family Permits
A non-EEA national must apply for an EEA family permit if they intend to join a family member who is an EEA national residing in the UK. The non-EEA family member must be traveling to the UK:
- With the EEA national or
- To join the EA national here.
If the EEA national is outside the UK and is not traveling with them then they will not be able to apply for an EEA family permit and must apply for the relevant visa before traveling to the UK. However once an EEA family permit is granted your non-EEA family member will be able to travel in and out of the UK.
When applying for your non-EEA family member to join you in the UK you must submit documents relating to your residency in the UK including documents concerning the exercise of your Treaty rights. Other evidence will be required relating to how you are related to your non-EEA family member.
Residence Documents For Non-EEA Family Members
This type of residence document is available to non-EEA family members or Swiss citizens to confirm that they have a right to live in the UK.
There are two types of residence cards. A residence card that certifies your right to residence in the UK under European law and a residence document that certifies you have a right to permanent residence which can be applied for after 5 years so long as your EEA family member continues to exercise his Treaty rights.
Victim Of Domestic Violence
You may be able to apply for settlement if:
- You were given permission to come to the UK for up to 27 months or to extend your stay for two years as the husband, wife, civil partner, unmarried partner or same-sex partner of a permanent resident (even if that permission is no longer valid) and
- You were still in that relationship at the time when you came to the UK or extended your stay as their husband, wife, civil partner, unmarried partner or same-sex partner and
- You can produce evidence that the relationship has broken down permanently since then as a result of domestic violence.
Your application should be made as soon as is practicably possible after your relationship has broken down as a result of domestic violence - you should not wait until the end of your current permission to remain. It is in your interests to apply as early as possible. You must be in the UK when you apply.
The requirements to be met for indefinite leave to remain in the UK as a bereaved partner are that:
- The applicant must be in the UK.
- The applicant must have made a valid application for indefinite leave to remain as a bereaved partner.
- The applicant must not fall for refusal under any of the grounds in suitability-leave to remain and
- The applicant must meet all of the requirements of eligibility for indefinite leave to remain.
The applicant's last grant of limited leave must have been as:
- A partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK or
- A bereaved partner.
The person who was the applicant's partner at the time of the last grant of limited leave as a partner must have died.
At the time of the partner's death the relationship between the applicant and the partner must have been genuine and subsisting and each of the parties must have intended to live permanently with the other in the UK.
The applicant must at the date of application have no unspent convictions.
Disclaimer: The information provided above only provides general guidelines on Immigration Law and these rules change regularly (last update 16 August 2012). It is highly recommended that you call our office for more in depth advice and assistance.