Commentary on Sections Part 5:  Protection of Victims Section 53: Overseas domestic workers
248.Visitors to the UK are able to bring their existing domestic staff with them when they visit the UK using an Overseas Domestic Workers visa; these arrangements also allow diplomats to bring foreign staff into the UK.  Subsections (1) to (4) create a requirement that the Immigration Rules provide for a new type of leave to remain for those who have come to the UK on an Overseas Domestic Worker visa (an “Overseas Domestic Worker”) and are determined to be a victim of slavery or human trafficking. The leave would allow the victim to work as a domestic worker in a private household and to change employer; further conditions of such leave are to be set out in Immigration Rules. It is envisaged that the principal requirement of such leave will be a conclusive determination made by a public authority under regulations made under this Act or arrangements identified in Immigration Rules that the Overseas Domestic Worker is a victim of slavery or human trafficking. Subsection (3) provides that Immigration Rules may specify the maximum period for which a person may have leave to remain under this provision. Subsection (3) also provides that, if so specified, this period cannot be less than 6 months.
249.Subsections (5) and (6) require the Secretary of State to issue immigration guidance in relation to an Overseas Domestic Worker who may be a victim and to provide in such guidance that immigration enforcement action (removal and deportation) will not be taken during a specified period against an Overseas Domestic Worker for overstaying or breaching an employment-related condition of their leave where this resulted from matters relied on by the Overseas Domestic Worker as slavery or human trafficking. This means that if an Overseas Domestic Worker leaves their employer due to matters relating to the Overseas Domestic Worker’s slavery or human trafficking and comes forward, they can be confident that no immigration enforcement action will be taken for the period specified in the statutory guidance.