I wanna stay here

Dear Mr Bassie:

I am a Jamaican and was recruited by an agency as a servant to work in a diplomat's residence in London. I have been employed by this embassy since March 2006 and my contract ends in 2011.

I would like to remain in the UK even if my contract is not extended. What are my chances of remaining here, given my circumstances? I would be grateful for any advice.

- H.F.

Dear H.F.,

Thank you for your email. There has been some recent changes with respect to private servants in diplomatic households. These changes have been of a transitional nature and the arrangements made were specifically aimed at persons such as yourself, that is, a private servant working in a diplomatic residence, who had been working in the UK on or before November 26, 2008.

You have not told me whether you have made an application to extend your stay as yet. However, if you have done so already, it would be quite likely the authorities would have approved your application for extension. The UK authorities had decided to give those persons, such as yourself, in this category a one-off permission to stay for up to five years. This particular duration is presently the current threshold for a private servant in a diplomatic residence needed for her or him to be able to apply for settlement, which is also known as 'indefinite leave to remain'.

Exceptional arrangements

You should be aware you must be in the UK when you make your application; only partners and family members of British citizens and settled persons may apply for settlement from outside the UK. In addition, you should not send in your application more than 28 days before you become eligible to apply. If you do, the authorities may refuse your application and there will not be a refund of the application fee. However, it is important you be aware that you must make your application before your current permission to stay expires.

These transitional arrangements were also extended to ensure everyone in this category had an opportunity to apply under these exceptional arrangements. The time to make such an application had been extended until May 26, 2010. I do hope that you were able to take advantage of this as it would have put you in good stead to apply for indefinite leave to remain.

As a point of interest, private servants seeking entry into the UK after November 27, 2008 must apply under tier 5, (temporary workers - international agreement), of the points-based system. If the application is successful after working in the UK, the authorities may allow the applicant to extend his or her stay for a maximum of 12 months at a time, up to a total of six years. The private servant, upon reaching the required threshold, will be eligible to apply for settlement.

John S. Bassie is a barrister/attorney-at-law who practises in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com.