But what about the kids? Challenges to bringing overseas nannies to the UK
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Decisions regarding relocation for UHNW families often centre around the best interests of the family's children.
Which schools will they attend here? Who will be responsible for their care in the UK? A key consideration is therefore whether the family’s existing nanny can accompany them to the UK.
The harsh reality is that, over the last decade, it has become increasingly challenging to obtain immigration permission to bring an overseas nanny to the UK. Recent changes have made this even harder.
Prior to Brexit, nannies who held an EEA passport could work in the UK without a visa. Prior to 2012 non-EEA ‘Overseas Domestic Workers’, which included nannies, were permitted to relocate to the UK on a long-term basis with their overseas employers. They also had the ability to change employers once in the UK.
This enabled UHNW families to bring their existing nannies to the UK and created a large pool of specialised migrant labour within the UK, from which to recruit. Inevitably once the route closed, this pool began to shrink and was then further narrowed as a result the UK’s exit from the EU.
This led UHNW families to seek alternative immigration routes for their nannies, including use of the Skilled worker provisions to sponsor nannies to come to the UK to work as employees of the family’s existing UK business interests. With the correct legal advice, this proved workable solution for many UHNW families.
Recent changes to the law have however put an end to this solution. Firstly, in April 2024 the Home Office removed nannies as an occupation eligible for Skilled worker sponsorship, although it remained permissible to hire a “childminder”.
Secondly, in December 2024, the Home Office updated the skilled worker guidance to remove the ability of skilled worker sponsors to sponsor individuals working in a “personal capacity”. This included nannies working within the home of an owner or employee of the sponsoring company, even where the nanny’s service is essential to the owner or employee to continue their own role within the company.
These changes have forced families to look for alternatives when attempting to employ an overseas nanny. One possible option, if the nanny genuinely intends to study in the UK, is for the nanny to obtain a student visa, sponsored by a UK higher educational institution. On this route however, there are limits to the hours a nanny can work (often 20-hours per week during term-time and full-time during the university holidays).
Another potential route is for the nanny to take on a sponsored role as a ‘childminder’ for an agency that holds a sponsor licence, as in this instance the individual would not be working in a personal capacity for their employer. For nannies who hope to work for only one family, with whom they have already established a connection overseas, the fact that the agency could require them to work for multiple families in the UK, may prove a stumbling block.
A shorter-term option is to apply for a six-month ‘Overseas Domestic Worker’ visa. If the family will not be making the UK their main home, this is relatively straightforward. If the family will be relocating permanently to the UK this application can be made on a discretionary basis.
The remaining options will depend on the specific nationality and family circumstances of the nanny. If they are an EU national, they may, in exceptional circumstances, be able to make a late application to the EU Settlement Scheme.
They could investigate the ancestry route if they are able to meet the eligibility criteria, or if they have established a relationship with a partner who is a British citizen or has settlement in the UK, they may be eligible for a Partner visa.
Many families are willing to go the extra mile to retain their nanny, notwithstanding the impracticalities, but are becoming increasingly confused and frustrated by the changes to skilled worker rules.
The best first step in navigating these issues is for employers to have a full and frank discussion their nanny to understand their long-term plans before seeking advice from an immigration advisor who will be able to guide them through available alternatives and associated costs.
This article was first published in eprivateclient in April 2025
