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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I submitted an FLR(O) overseas domestic worker for

Resolved Question:

I submitted an FLR(O) for our overseas domestic worker for a 12 month extension. She has been with us for 2 yrs, but in the UK in total for 6 yrs 11 months. We got a letter back, saying that the application raises issues relating to the European Convention on Human Rights, and that it falls outside normal service standards for a decision. Do we have a problem ?
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

If your domestic worker applied for a domestic worker originally on or before 5th April 2012, she is eligible for indefinite leave to remain after 5 years in the UK. If she had originally applied for a domestic worker visa on or after 6th April 2012, she is not eligible for indefinite leave to remain after 5 years as the rules changed with effect from 6th April 2012.

I suggest that you wait and see what happens as it is not necessarily a problem. It appears to me that the Home Office may be considering discretionary leave to remain if she is not eligible for settlement or extension of leave to remain in the domestic worker category.

Hope this helps
Customer: replied 1 year ago.

Yes she entered prior to 5th April 2012. The English language requirement prevents her from applying for indefinite leave to remain unfortunately. She is currently entitled to a 12 month extension isn't she ? That is what has happened the last 2 years she has been with us. Granting the 12 month extension should just be a formailty should it not, so I really don't know what is going on.

Expert:  UKSolicitorJA replied 1 year ago.
Yes, she is entitled to a 12 months extension. There is nothing that you can do at the moment other than to wait for a decision. In the meantime, her domestic worker status continues under S. 3C of the Immigration Act until the current application is decided.

All the best-please leave feedback
Customer: replied 1 year ago.

Thank you very much, that is really helpful. So we will wait to see what happens.

Can just ask also, does the £35,000 salary threshold I've been reading about coming in next year affect further renewals for her after this one ?

Expert:  UKSolicitorJA replied 1 year ago.
No, the new requirements should not affect her.
All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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