Wealthy globetrotters face unique challenges and a minefield of red tape when it comes to relocating or travelling with their trusted domestic staff.
From visa requirements to work permits, navigating the intricate web of international regulations and immigration rules demands careful planning and expert guidance.
The relationship between families and their domestic staff, including nannies and housekeepers, often spans years, with employees becoming integral to the household. This trust and familiarity make families particularly motivated to navigate complex regulations to ensure their staff can accompany them. ‘These staff members are often trusted caretakers who have been with the family for years, making it challenging to hire temporary replacements,’ Olga Nechita, immigration solicitor at Fragomen tells Spear’s.
For families planning to travel or relocate with domestic staff, the key piece of advice is clear: start early. ‘Preparation is essential to avoid disappointment,’ said Nechita.
Timing is critical when navigating immigration and employment laws. Families often underestimate the complexity of the process, particularly when they assume their domestic staff can easily accompany them. As Nechita says: ‘Clients often come to us at the last minute, realising too late that domestic staff face different immigration rules.’
Families must also be mindful of employment obligations, such as meeting local wage requirements and ensuring compliance with working hour regulations. While immigration specialists can guide families through the process, the responsibility ultimately lies with employers to adhere to local laws.
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Visa and immigration rules
One of the first steps in advising families is to determine the specifics of their situation. Are they travelling for a short-term holiday or are they relocating for a longer period? Where are they travelling to? Nechita stresses that the nationality of both the employer and their domestic staff will have a significant impact on the legal requirements.
The UK rules are particularly restrictive. Domestic staff accompanying families can typically only do so for short-term visits and they must apply for an Overseas Domestic Worker visa. Longer stays or permanent relocations require more extensive processes, such as tapping into the local labour market to hire staff within the destination country. By contrast, European countries often offer options for longer-term stays with appropriate work permits, provided the employer meets certain conditions.
[See also: HNW households face hurdles to bring staff into the UK]
Mandeep Khroud, immigration partner at Irwin Mitchell, highlights the necessity of obtaining an Overseas Domestic Worker visa in such cases. ‘If a HNW individual wishes to visit the UK with their domestic staff, the domestic worker will need to apply for and be granted an Overseas Domestic Worker visa. Such applications can be quite complex and require extensive supporting documentation,’ Khroud explains.
Once granted, the visa allows the domestic worker to be employed in the UK for up to six months. Additionally, a temporary employment contract, known as the Appendix Domestic Worker Statement, must be completed. This contract outlines the terms and conditions of employment during their stay in the UK. Importantly, domestic workers must be paid in line with the UK national minimum wage throughout their time in the country.
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In rare cases, some employers may go above and beyond to facilitate their domestic staff’s ability to travel, including sponsoring a second citizenship or residency by investment. While this is not a common occurrence, it highlights the lengths some families are willing to go to ensure continuity in their domestic arrangements. However, as Nechita points out, most families prefer to explore less drastic measures, such as temporary visas or work permits.
Understanding employment rights for UK and overseas workers
Elaine Huttley, partner and national head of Irwin Mitchell’s employment law team explains that an employee who usually works in Great Britain but travels for work will generally retain their UK statutory employment rights. However, for those who typically work outside of the UK, the key factor is whether their connection with the UK remains strong. ‘What the contract says and what happens in practice will be key factors a tribunal would consider when ruling on such jurisdictional matters,’ Huttley notes.
Employers must also ensure that employment contracts contain the necessary information required by law. Additional details are necessary for employees working abroad for more than a month, such as the duration of their overseas assignment and any additional payments or benefits they will receive.
‘Employers will also need to think practically about how it will work and then set this out in the contract,’ Huttley advises. ‘Hours of work will need to be included in all contracts, but when working abroad they may vary, so this will need to be explained. Employees will also need to know what the rules are when it comes to claiming back expenses from their time spent abroad.’
HNW families need to understand the specific immigration rules and requirements of the country the client is travelling to with their domestic staff. There is no one-size-fits-all all. These include:
- Nationality of domestic staff: The immigration rules will vary depending on the nationality of the domestic staff. This will impact the type of visa or work permit they may need.
- Length of stay: Whether the stay is short-term (e.g., a holiday) or long-term (e.g., relocation) will affect the immigration requirements.
- Purpose of travel: Will the domestic staff be accompanying you for personal reasons or to provide services? This will impact the type of visa or work permit needed.
- Employment contracts and rights: Be aware of the employment laws in the destination country, including minimum wage, working hours, and any insurance requirements.
- Timing: The immigration process should be started well in advance to avoid delays and disappointment.
- Specialist advice: Seek guidance from immigration specialists who can navigate the complex rules and requirements.
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By seeking expert advice and preparing well in advance, families can navigate this complex landscape with greater ease. As Nechita says: ‘The rules are complex and vary by country, but with the right guidance, families can ensure a seamless transition for themselves and their trusted staff.’
