Au Pair Agreement

What is an au pair agreement?

An au pair agreement confirms the obligations of an au pair and a host family. The agreement will be attached to a letter which serves as a formal invitation for the au pair to come and stay with the host family.

What is the difference between an au pair agreement and an employment or worker contract?

An au pair is not classed as an employee or a worker. Workers and employees have particular rights because of their employment status.

An au pair will live with the host family and will do light household tasks only. They will receive 'pocket money' as part of the agreement.

What is the difference between a childminding agreement and an au pair agreement?

An au pair will live with the host family and will do light household tasks (which will not exclusively involve looking after children). They will receive 'pocket money' as part of the agreement.

A childminding agreement is a formal service agreement. A childminder will not live with a child's family and will receive a fee under the service agreement. A childminder's sole role will be to supervise and care for children.

Is it mandatory to have an au pair agreement?

No. A host family can make informal arrangements with an au pair informally (verbally). However, it is helpful to agree on the terms of the stay in writing. Furthermore, an au pair may be required to produce written evidence of their invitation for visa purposes.

What should not be included in an au pair agreement?

An au pair agreement should not oblige an au pair to work more than 30 hours a week. The role of the au pair should only include a requirement to undertake light household tasks and should not therefore include hard, arduous tasks.

An au pair should not be paid less than the National Minimum Wage and National Living Wage.

What are the prerequisites of an au pair agreement?

The parties will need to consider certain important information prior to the agreement commencing, which can be referred to in the letter and agreement including:

• whether the au pair will need a visa and how this will be funded
• whether the host family will seek security checks and how these will be funded (different rules apply in England and Wales, Scotland and Northern Ireland, and for applications made overseas)
• whether the host family will seek references in respect of the au pair
• whether the au pair should be required to hold certain qualifications or certificates

Who can enter into an au pair agreement?

The host family will be living in the UK with at least one child. An au pair will be aged 18 or over and must either:

• be from the UK or Ireland; or
• from an EU country and have settled or pre-settled status under the EU Settlement Scheme (or are eligible to apply under the scheme); or
• have a Youth Mobility Scheme visa

What can the duration of an au pair agreement be?

The parties can agree upon the duration of the au pair agreement. This will typically be between 6 months to 12 months. The parties can include a provision which will permit the parties to terminate the agreement on notice.

What has to be done after signing an au pair agreement?

The host family should send the signed letter and signed agreement to the au pair. It is possible to do this via email or via post. The au pair should return a copy with their signature. Each party should retain a copy containing the signatures of both parties.

What must an au pair agreement contain?

An au pair agreement should:

• include an invitation letter – a formal invite to the au pair to live with the host family
• define the parties - the host family and the au pair
• declare the agreement – that the au pair will live with the host family
• define the term – when the agreement will start and when it will end
• define the au pair's obligations and entitlements - the details of the au pair's role and the pocket money they will receive
• define the living arrangements – a declaration that the au pair will live at the home of the host family
• define the host family's obligations – the responsibilities of the host family, including the requirement to pay the au pair pocket money
• specify any visa and security conditions – what checks and documents the au pair must complete prior to their stay

What laws apply to an au pair agreement?

There is no single specific piece of legislation which applies to au pair agreements.

The general laws of contract will apply to the agreement.

The government website has information about au pairs.

The National Minimum Wage Regulations 2015 (SI 2015/621) will also apply.

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