Au pair+'s, Visas, qualified countries and tax

[kelpie6333]

We're looking to hire an au pair plus (I'm going back to work full time) but in my research I have become a little confused about what countries we can recruit from, what Visas are required and if we need to pay tax on them.

Can anyone shed some light on au pair plus (25 hours week +) recruiting and requirements?

We prefer not to go through an agency (Gumtree or au pair world) which is why we have all these questions!

If they are from the EEA, unless from Romania or Bulgaria, they don't need a visa. There is a list of EEA countries on this page. Info about Romanian and Bulgarian nationals can be found here along with a link to the BR3 form which mentions the restrictions for them entering as an Au-Pair.

An au-pair is just like a live-in nanny in terms of tax law, in my view. If you pay them over the Lower Earnings Limit (£107 a week) then you need to operate PAYE. Start finding out more about LEL and PAYE on the HMRC PAYE Basics page.

As an employer you have to take measures to prevent illegal working. Find out more at Home Office: Preventing Illegal Working. Take copies of documents and satisfy yourself that they are genuine. The home office has an Employers Helpline which may be help with any queries.

Holiday entitlement would apply as per any other employee. So 5.6 weeks minimum.

OK, still doing my research...I have found that if the au pair makes more than £110/week we would be liable to pay tax and NI (ok we'll try to keep it below that!). Also EU Nationals can work without a visa and most commonwealth countries can apply to come over under a Tier 5 Youth Mobility Scheme visa.

Does this sound about right?

Wow Nannynick! You are like the nanny FAQ godmother/father. Thank you for your response and helpful links. :)

ok i always thought of aupair money being their pocket money rather than a wage. We don't pay more than the limit. However- what if they took a pt job on the side?

Nannynick, do you know how/if Americans can come over to the UK to work as au pairs? I have received a few messages from Americans interested in au pairing here but I am struggling to see what kind of visa they would need... (may fall into the "too difficult" category)

Americans can't unless they are eligible on other grounds (eg they're dual nationals with an EU country).

What hours are you wanting them to work? Below £110 for FT sounds very low.

Americans - don't think they can unless dual nationality.

Keep things simple, recruit from within the EEA + Switzerland, avoiding Romania & Bulgaria.

Where did £110 come from? LEL is £107 I thought. There are different rates for different things - the key one in my view is the one where you start operating PAYE, not the one where income tax starts being payable.

I agree that an au-pair plus would probably be earning more than the LEL... it's more like a job than just pocket money. Think of them as a live-in nanny.

EU is simple. Bulgaria and Romania can be basic APs but are not allowed to work more than 25 hrs

Commonwealth countries (Canada, Australia etc) have a little flexibility to come as au pairs but there is red tape involved and they can only stay a short period. They will need visas.

Other countries - simply cross them off your list immediately and don't even bother reading their profiles. Chances are you will not get them into the country, or, if they do come in, they will almost certainly be exceeding legal restrictions on their visas (eg coming as a student, then working). It is simply far far easier to just reject every single application that isn't EU or commonwealth. The only exception is where someone already has a visa.

When I advertise (an au pair world) I always specify in the first line of my profile that I can only take people from EU or commonwealth countries only - it cuts down the number of applications you get (which is a good thing, generally)

You must keep salary below £107 to avoid NI registration and registering as an employer etc. But even AP+ only earn up to £100 normally so that shouldn't be a problem.

here's the different Threshold page

Thanks for the advice on the Americans!