Immigration Rules Appendix Domestic Worker who is a Victim of Modern Slavery

Appendix Domestic Worker who is a Victim of Modern Slavery

This route is for a victim of modern slavery who entered the UK as an Overseas Domestic Worker, a Domestic Worker in a Private Household, or as a private servant in a diplomatic household, having held entry clearance in the Temporary Work – International Agreement category.

The maximum period of grant on this route is 2 years.

This is not a route to settlement.

Validity requirements for a Domestic Worker who is a Victim of Modern Slavery

  1. DWMS 1.1. A person applying for permission to stay as a Domestic Worker who is a Victim of Modern Slavery must apply on the gov.uk website on the specified form FLR(IR).
  1. DWMS 1.2. An application for permission to stay as a Domestic Worker who is a victim of Modern Slavery must meet all the following requirements:
    1. (a) the applicant must be in the UK on the date of application; and
    2. (b) any fees must have been paid; and
    3. (c) the applicant must have provided any required biometrics; and
    4. (d) the applicant must have provided a valid passport or other document which satisfactorily establishes their identity and nationality.
  1. DWMS 1.3 An application which does not meet all the validity requirements for a Domestic Worker who is a victim of modern slavery may be rejected as invalid and not considered.

Suitability requirements for Domestic Worker who is a Victim of Modern Slavery

  1. DWMS 2.1. The applicant must not fall for refusal under Part 9: Grounds for Refusal.
  1. DWMS 2.2. Any relevant period of overstaying to which paragraph 39E of these Rules applies will be disregarded.

Eligibility requirements for Domestic Workers who is a Victim of Modern Slavery

  1. DWMS 3.1. A person applying for permission to stay as a Domestic Worker who is a Victim of Modern Slavery must have, or have last been granted, permission on one of the following routes:
    1. (a) Overseas Domestic Worker; or
    2. (b) Temporary Work – International Agreement, as a private servant in a diplomatic household; or
    3. (c) Domestic Worker in a Private Household
    4. (d) outside these Rules having been referred into the National Referral Mechanism (NRM) and be in receipt of a positive Conclusive Grounds (CG) decision.
  1. DWMS 3.2. The applicant must have been referred into the National Referral Mechanism and be in receipt of a positive Conclusive Grounds decision.
  1. DWMS 3.3. The application:
    1. (a) must have been made within 28 days of the applicant being notified of the decision at DWMS 3.2.; or
    2. (b) where the applicant has an outstanding application for permission to stay (or a grant of leave is being considered) on the date that the decision at DWMS 3.2. is notified to the applicant, the application for permission to stay as a Domestic Worker who is a Victim of Modern Slavery must be made within 28 days of the applicant being notified of the outcome of that application or consideration; or
    3. (c) if the applicant is a person who falls within DWMS 3.1(d), must be made before the applicant’s current permission ends.

Decision on application as a Domestic Worker who is a Victim of Modern Slavery

  1. DWMS 4.1. If the decision maker is satisfied that all of the suitability and eligibility requirements are met the application will be granted, otherwise the application will be refused.
  1. DWMS 4.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period of grant and conditions of permission for Domestic Workers who are Victims of Modern Slavery

  1. DWMS 5.1. The applicant will be granted permission to stay for whichever is the shorter of:
    1. (a) two years; or
    2. (b) where the applicant already holds permission to stay outside the Rules, having been referred into the National Referral Mechanism and in receipt of a positive Conclusive Grounds decision, permission will be granted for a period which ensures that the total, combined, duration of permission will not exceed 2 years.
  1. DWMS 5.2. The grant will be subject to the following conditions:
    1. (a) no access to public funds; and
    2. (b) work is permitted as:
      1. (i) a domestic worker in a private household; or
      2. (ii) as a private servant in a diplomatic household working only in the household of the employer recorded in a Certificate of Sponsorship in the Temporary Work - International Agreement category; and
    3. (c) supplementary employment is permitted, only as a domestic worker in a private household; and
    4. (d) study is permitted, subject to the ATAS condition in Appendix ATAS.