The Immigration (Variation of Leave) Order 2016

• Citation: S.I. 2016/948
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Immigration (Variation of Leave) Order 2016 and comes into force on 6th October 2016.

Section 2 Interpretation

In this Order—

“competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Trafficking Convention;

“overseas domestic worker” means a person who, under the immigration rules, has leave to enter the United Kingdom as—

a domestic worker in a private household, or

a private servant in a diplomatic household;

“Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (agreed at Warsaw on 16 May 2005) ;

“victim of modern slavery” means a victim of—

trafficking in human beings, which has the same meaning as provided in article 4 of the Trafficking Convention; or

slavery, servitude, or forced or compulsory labour, which have the same meanings as they have for the purposes of article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms (agreed by the Council of Europe at Rome on 4 November 1950) .

Section 3 Variation of limited leave to enter the United Kingdom

Where—

(a) a competent authority has determined or determines that there are reasonable grounds to believe that an overseas domestic worker (“P”) is a victim of modern slavery, and

(b) P’s leave would otherwise expire before the competent authority notifies P of its conclusive decision as to whether P is a victim of modern slavery,

then P’s leave is extended until the end of the twenty-eighth day after the date on which the competent authority sends P notice in writing of its conclusive decision as to whether P is a victim of modern slavery.