Immigration Bill — Report (1st Day) — 9 Mar 2016 at 18:50

Amendment 58

Moved by Lord Hylton

58: After Clause 36, insert the following new Clause-

“Overseas domestic workers

(1) For section 53 of the Modern Slavery Act 2015 (overseas domestic workers) substitute-

“53 Overseas domestic workers

(1) Immigration rules must make provision for leave to remain in the United Kingdom to be granted to an overseas domestic worker.

(2) Immigration rules must make provision as to the conditions on which such leave is to be granted, and must in particular provide-

(a) that the leave is to be for the purpose of working as a domestic worker in a private household;

(b) for a person who has such leave to be able to change employer, registering such change of leave with the Home Office.

(3) Immigration rules may specify a maximum period for which a person may have leave to remain in the United Kingdom by virtue of subsection (1), and if they do so, the specified maximum period must not be less than 2½ years.

(4) Immigration rules must provide for a period during which no enforcement action should be taken against such an overseas domestic worker in respect of his or her-

(a) remaining in the United Kingdom beyond the time limited by his or her leave to enter or remain, or

(b) breaching a condition of that leave relating to his or her employment if he or she wishes to change it.

(5) The Secretary of State must issue guidance to persons having functions under the Immigration Acts about the exercise of those functions in relation to an overseas domestic worker who may be a victim of slavery or human trafficking.

(6) The guidance must provide for an overseas domestic worker remaining in the UK for more than 42 days to be required to attend a group information session as defined in that guidance, within that period.

(7) In this section-

“enforcement action” has the meaning given by section 24A of the Immigration Act 1971;

“immigration rules” has the same meaning as in that Act;

“overseas domestic worker” means a person who, under the immigration rules, has (or last had) leave to enter or remain in the United Kingdom as-

(a) a domestic worker in a private household, or

(b) a private servant in a diplomatic household.””

Debate in Parliament | Source |