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Original poster

American nanny working in UK

27 replies

MrsCurly · 02/11/2010 10:13

I wonder if anyone can give me advice on the legality of employing an American nanny here in the UK.

I am very keen to employ her as she seems great and has excellent references. She has just moved to the UK with her boyfriend as he is studying here. She says she has the right to work here.

I've read here before that Americans can't come as au pairs. She says she can do any job while she is here. Is this right?? Surely if you employ someone from overseas you have to show that no local person can do the job? Or are there visas available which are open ended?

If anyone can give any advice on the legal situation Id be very gratfeful. I'd love to employ her but I want to make sure it is all above board, as I know I could be prosecuted otherwise.

With many thanks and best wishes,

MrsC

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frakkinstein · 02/11/2010 10:50

Generally no, Americans can't be nannies but it's not impossible.

Do ask her exactly what visa she has and whether there are any working restrictions on that. For example, American students can work but only up to a certain number of hours per week in term time (typically 20 if theyre studying a degree).

She may have dual nationality with an EU passport which would entitle her to do any kind of work, or dual nationality with a country under the Working Holidaymaker Scheme.

I suspect she does have some form of right to work, the key will be establishing what. It is very rare for it to be 'any job'. Assuming her boyfriend is on a tier 4 General student visa it's unlikely she's been able to come over as a dependent as that used to be limited to spouse/children so she's probably under her own steam.

General UKBA info

Preventing illegal working

Assuminng you've interviewed already, did she show her passport? Do you remember what it said on the visa?

ilovemydogandMrObama · 02/11/2010 10:19

Ask her how she has the right to work here. Make her show you documents (visa, ILR etc). In other words, she needs to prove how she can work in the UK.

There is quite a bit of information on the Home Office web site as far as what Visas entitle a foreign national to legally work.