Travelling with Private Chefs, Chauffeurs or Nannies: Immigration Considerations for Domestic Workers

Domestic workers play a crucial role in providing personal care services to employers and their households. These workers include nannies, cleaners, chauffeurs, private chefs and gardeners, among others.

This blog explores the key considerations surrounding the ability to bring domestic workers to the United Kingdom. Acknowledging the very narrow scope of this avenue, it will also briefly discuss the conditions for bringing a domestic worker to other jurisdictions, as clients often require multijurisdictional support.

The UK’s position

The UK’s stance on domestic workers reflects a complex intersection of immigration policies, labour rights and social considerations. The UK government severely restricted the route of entry for domestic workers in April 2012, stating that it was not logical or fair for ‘low-skilled’ workers to retain an easier route of entry to the UK labour market when the minimum skill level was simultaneously raised for highly skilled migrants. Nonetheless, the country has faced a shortage of individuals willing to take on these positions, as the general perception is that domestic services are low-paid and focus on undesirable work.  

The UK’s remaining option, the Domestic Worker Visa, enables foreign and British employers based abroad to have their domestic workers accompany them on visits to the UK under certain conditions, including ensuring that the domestic staff are paid at least the UK minimum wage whilst working in the UK and have a work history of at least one year within the employing household. The visa exemplifies the country’s efforts to balance the demand for domestic services with immigration protocols and the rights of both employers and employees.

Whilst the UK government has retained a solution enabling foreign and British employers based abroad to bring their domestic staff with them to the UK for a temporary period, local employers cannot avail themselves of this visa option and are expected to recruit domestic help from the local labour market. Nannies and au pairs, who were often sought from European countries, are now in short supply, especially after Brexit. Skilled Worker sponsorship is available for individuals whose responsibilities fall within Standard Occupation Classification (SOC) code 6122 Childminders and related occupations; however, the parameters of a sponsor licence mean that this option is available mainly to businesses and not private individuals.

Regulations Beyond the UK

Beyond the UK, different countries have their regulations concerning domestic worker visas. Here is an overview of the rules in a just few European countries:

France

Regulations surrounding work permits for domestic workers in France involve a labyrinth of details and conditions that both employers and employees need to be aware of. The French immigration system brings its own set of rules to the table, and understanding these intricacies is crucial for a smooth and legal transition.

In certain scenarios, domestic workers accompanying private employers for up to 90 days may be exempt from a work permit requirement, though limits on stay in the Schengen area apply. To qualify for this exemption, the employer-employee relationship must already exist prior to coming to France, which is like the UK requirement. However, here is the kicker: Depending on the domestic worker’s nationality, a short-stay Schengen visa might still be necessary.

For longer stays, the story is more complex. In this case, the private employer must apply for a work permit on behalf of the domestic worker and a labour market test is required. The employer must present evidence that they could not find any suitable candidate for the job in the French local labour market. That said, the chances of success in obtaining a work permit are very slim.

While there will be instances where the stars align, leading to an exemption from the work permit for short stays, there are obstacles for those seeking to settle in for the long haul. It is a reminder that immigration systems are complex and professional legal advice should be sought at the outset.

Italy  

In Italy, domestic worker applications are processed under a quota system.

There is, however, a special category of work permits exempt from the quota system for domestic workers who have been employed outside of Italy by an EU national for at least one year. This permit is intended to allow the working relationship between the private employer and the domestic worker to continue while the EU national is moving to Italy. Entering under this category involves making a work permit application followed by an entry visa application at the Italian consulate of the applicant’s residence abroad. A contract of stay will then need to be signed and a residence permit application will need to be filed while providing proof of accommodation. Finally, the domestic worker will attend a biometric appointment.

In essence, quotas step aside for specific scenarios, and exemptions become the heroes of the tale. It is a reminder that navigating immigration systems is often about finding the right path for your unique situation.

Spain

In Spain, non-Spanish nationals can enter to live and work as domestic workers in Spain, provided they have obtained the required residence permit, visa and have been registered by the Spanish Social Security system upon their entry.

A labour market test will be applicable unless the applicant is a Chilean or Peruvian nation, or if they have relatives already legally residing in Spain. The applicant’s initial residence permit will be valid for one year and limited to a specific field and occupation. The permit can be renewed so long as the conditions that led to the residence permit are maintained.

Portugal

The D1 visa provides residency authorisation for non-EU citizens who have signed a written employment contract with a Portuguese-based legal individual. To be eligible for the D1 visa, an applicant will need to demonstrate the activities to be performed and have proof of accommodation and an employment or promissory employment contract. 

Need to know more?

Each destination presents its own set of challenges and advantages for obtaining domestic worker visas. Fragomen has extensive experience in all aspects of UK immigration law. For questions relating to a domestic worker visa or your specific circumstances, please contact Associate (Solicitor) Zarmina Mahmood at [email protected]. 

This blog was published on 18 September 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.