Author Topic: Returning to visit the USA  (Read 268 times)

0 Members and 1 Guest are viewing this topic.

Offline Macman53

  • *
  • Posts: 26
  • Joined: Jan 2016
  • Liked: 3
Returning to visit the USA
« on: January 19, 2017, 01:44:27 AM »
If I am living and working in the UK on a work visa, are there any restrictions on how often and for how long I can return to the USA for either a holiday/leisure or work related visit? I've been told by a friend you cannot be back in the US for more than 28 days in any given calendar 12 months but that seems unreal? I am a US citizen.

Secondarily, I understand that with a work visa I can only perform the job for which the visa was granted within the UK. Does that in any way prohibit me from returning to the USA for brief freelance work performed as an individual, outside the UK company I would be employed by?


Offline physicskate

  • *
  • Posts: 679
  • Joined: Oct 2012
  • Location: York
  • Gender: Female
  • Liked: 58
Re: Returning to visit the USA
« Reply #1 on: January 19, 2017, 07:55:05 AM »
If I am living and working in the UK on a work visa, are there any restrictions on how often and for how long I can return to the USA for either a holiday/leisure or work related visit? I've been told by a friend you cannot be back in the US for more than 28 days in any given calendar 12 months but that seems unreal? I am a US citizen.

Secondarily, I understand that with a work visa I can only perform the job for which the visa was granted within the UK. Does that in any way prohibit me from returning to the USA for brief freelance work performed as an individual, outside the UK company I would be employed by?

You can travel/ be out of the UK for as long as you like, provided it is part of your annual leave or travel for work. You cannot take a large period of unpaid leave from your employer or anything like that.

However, if you are looking to apply for ILR at some point in the future (Tier 2 General??), your absences must be under 180 days per 12 month period and your employer has to provide a letter which includes lots of info, some of which says that all absences were on annual leave or for work travel.

Nothing stops you from taking work while in the USA, provided it is taxed appropriately. This would not contravene UK immigration rules, as long as you are not 'working remotely' from within the UK on a Tier 2 General visa.
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!

Offline KFdancer

  • *
  • Posts: 8699
  • Joined: Jun 2012
  • Location: Wokingham
  • Liked: 1551
Re: Returning to visit the USA
« Reply #2 on: January 19, 2017, 09:01:46 AM »
One thing to be mindful of is if you are in the US for 35 days a year, you may not be able to use the Foreign Earned Income Exclusion on your US tax return.  To be able to use it, you need to have been outside of the US for at least 330 days.  It may make no difference to your circumstances, but just something to know!

Offline Macman53

  • *
  • Posts: 26
  • Joined: Jan 2016
  • Liked: 3
Re: Returning to visit the USA
« Reply #3 on: January 19, 2017, 06:40:32 PM »
Thanks both, explains a lot. Certainly any return would be either annual leave or work related so no issue there. The "28 days" my friend mentioned was in relation to taxes so clearly was in reference to the 35 days you note KFdancer. His experience is well dated (back in the 90's) so perhaps it was 28 days at one time?

In either case it would not apply this year as I would not be moving early enough this year, so I couldn't start the clock on Foreign Earned Income Exclusion until 2018.

My eventual goal would be to apply for ILR.