Can a domestic worker in a private household establish a family life with the family they work with?
– If Oksana Demyanchuk is dealing with your case, then yes!
Our client, a Russian national, has been working as a nanny for a family, since the birth of their first child five years ago. When the family moved to the UK, our client obtained a six-month domestic worker in a private household visa to accompany them to the UK and continue her employment as the family’s nanny.
As a nanny to the children, our client spent a significant amount of time with them since their birth and has become incredibly close to the children. One of the children who has several health issues has built a particularly trusting relationship with our client.
Due to the particular circumstances of the family, our client’s support of the family is vital. By the time our client’s leave to remain was due to expire our client’s support to the family was irreplaceable.
However, from April 2012 the Immigration Rules does not allow domestic worker visa holders to extend their stay in the UK beyond a total six-month limit.
Therefore, our client applied for leave to remain on the basis of her human rights, in particular, her right to private and family life in the UK.
The Home Office refused to accept that family life between our client and her employers and their children existed for the purposed of Article 8 ECHR. Accordingly, an appeal was lodged with the First-tier Tribunal.
At the appeal, on the grounds and documents advanced by Oksana Demyanchuk, the Judge found that
There are no hard and fast rules as to what constitutes family life within the compass of Article 8. And thus, given the nature of the dependency, family life exists in this case for the purpose of Article 8.
Moreover, the Judge accepted that more than normal emotional ties exist between the Appellant and the family and the refusal to grant our client leave to remain is disproportionate and constitutes a breach of her Article 8 ECHR rights. Thus, the appeal was allowed.
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