Gherson Succeeds In Appeal On Behalf Of Domestic Worker
Gherson has succeeded in an appeal on behalf of an overseas domestic worker employed in the UK who was refused an extension of stay by the UK Border Agency.
Our client had applied for an extension of stay in the United Kingdom as a domestic worker. He had worked for his employer in the UK since June 2004 and secured leave on this basis each year. The UK Border Agency refused the application on the basis that the domestic worker was employed as a security guard and as such they did not believe the position fell within the definition of domestic work as set out in their guidance. The appeal was heard in the Asylum and Immigration Tribunal where the refusal was overturned. The Immigration Judge found that the domestic worker had continued to work for the same employer since arrival in June 2004, his role as a security guard had been his position throughout and the basis upon which the UK Border Agency had granted him entry and extended his leave on previous occasions. On this basis the Immigration Judge allowed the appeal.
The Immigration Judge drew particular attention to a section of the UK Border Agency’s guidance (the Immigration Directorate’s Instructions) which states as follows “overseas domestic workers may be cleaners, chauffeurs, gardeners, cooks, those carrying out personal care for the employer or a member of the employers family and nannies if they are providing a personal service relating to the running of the employers household”. The Immigration Judge found that whilst making no specific reference to security guards a proper reading of the above definition satisfied him that the role of a security guard in a private household was one which properly fell within the domestic worker category, bearing in mind that our clients employment involved a personal service relating to the running of his employer’s household.
It is important to note that whilst the definition of what constitutes domestic work is not conclusive, it is easy for a domestic worker who does not fit into one of the listed categories to fall foul of the above provisions.
Gherson has particular expertise in handling applications and appeals on behalf of domestic workers and their employers. Should you have any specific queries in this regard please contact at Gherson.
