Shades of grey - "volunteering" on the Fiancee visa

I would still be a bit careful about giving out that advice trisatek, because what this is saying is "will I, as the person providing the work, get in trouble" it does not make any statements to if the person who has the visa will get in trouble.

Just because you don't have an employment contract doesn't mean you are not working.

Voluntary activity should not amount to either employment, or job substitution . There is a fundamental difference in the nature of the activity itself and the specific exclusion of work (whether it is paid or unpaid) as defined in the individual passport, should not include voluntary activity where it is clearly undertaken as such.


I think the IND was pretty clear that if you are not assuming a role that would ordinarily be used to employ an employable person in the UK, you are not assuming "paid or unpaid work."  The documentation above, since it comes straight from the IND, would serve as rather strong legal evidence that volunteering in that case (meeting with the brownies) is not a breach of the fiance visa entry restrictions. This is especially the case since Brownies is such a well-established service organization. It is very obvious that these women are not compensated and there is no intention of compensating any woman who attends the meetings in this manner.

Volunteering is not equal to unpaid work, according to the IND.

If you are not ready/willing to take the risk based on the information/clarification the IND gives, don't volunteer until you are married. Simple. 

Wow, what great responses! Thanks to everyone who cleared up the difference between volunteering and unpaid work! I've been worried and mulling over this for quite some time, so I'm glad I asked. 

I suppose I will tread very carefully in the illustrations for the magazine... I'd basically finished the cover before I left Seattle - it's something I'd be doing for her whether I was her or there. Merf. 

Ok, more information from http://www.volunteering.org.uk/managingvolunteers/goodpracticebank/Information/

Because the distinction between volunteering is unpaid work is clear, I agree, but not all forms of volunteering are acceptable to do when on a visa that does not permit employment.  The contract information above is just a piece of the puzzle.

Volunteers from outside the European Union
People from outside the European Economic Area are not allowed to take up work, paid or unpaid (which includes volunteering) without a work permit. Given that work permits are only issued where a genuine vacancy exists and where particular qualifications or skills are required that are in short supply from the British and EEA labour force, there is little chance of obtaining a work permit solely to volunteer.

However, the Home Office has allowed a concession to allow people from outside the EEA to volunteer if they meet the following criteria:

• the activity is purely voluntary and does not involve taking up a salaried post or permanent position of any kind within the charitable organisation or entering into any arrangement that is likely to constitute a contract of employment; and
• the activity is either for a charitable organisation listed in Home Office guidance or a registered charity whose work meets the criteria set out in this instruction; and
• the activity is unpaid, or is not likely to be subject to payment of the National Minimum Wage, [see our information sheet on the National Minimum Wage], and directed towards a worthy cause; and
• it is closely related to the aims of the organisation; and
• it is fieldwork involving direct assistance to those the charitable organisation has been established to help; and
• the passenger intends to leave the United Kingdom at the end of their stay.

So the brownies would seem to be acceptable, and again, the artwork is a gray area.  Also obviously the "leaving" thing would be only apply if the fiancee visa was not converted to FLR-M when married.