Lots of Questions

Hello everyone,

I have been in the UK now for about 6 weeks. Before I left the US I made an application to the Highly Skilled Migrant Programme.  When I made the application, the work permits website said it would take 1-2 days to process, so I though I'd have an answer before I left. I should have known better! Here it is 8 weeks later! Last time I called they said it would be another 4 weeks before they even LOOKED at it.

When I found the programme, I quit my job and booked my ticket to come over (to stay with my boyfriend, a British citizen) before I lost the nerve to do it! I figured, I'd just come as a visitor for the 6 months if the visa didn't work out. So I am a visitor for now, but I'm in love and desperately want to stay!

Best case scenario- If I do get the visa, does anyone know if I have to go back to the US to come back with the visa? Or can I just go to another country in Europe?

If I don't get the HSMP visa, I was thinking of volunteering for charity-has anyone done this? I think I can stay for up to 12 months. How about bar work/waitressing? Any advice?

Fiancee/Marriage is not out of the question. . . does anyone know about the scheme where my boyfriend applies to support me financially?

Would I have to go home to the US to re-enter the UK to do any/all of these things? Am I ineligable for them because I have only been in the UK for 6 weeks?

I saved up enough to last at least the 6 months.  But, not enough to cover tuition fees, so the student route seems to be out.

Where do I begin???  HELP!

If you get approved for the HSMP you'll have to go back to the US to get the visa and re-enter the UK.

As for being here as a visitor, it is illegal to take ANY kind of work, paid or unpaid (yes, that means volunteer work) whilst you're here.  So waitressing/bar work is not an option.

If your boyfriend proposes you have two options - (1) return to the US and obtain a Fiance Visa to re-enter the UK on, then get married within 6 months, during which you cannot work; or (2) get married whilst here visiting and return to the US to obtain a Spouse Visa then return to the UK.  The Spouse Visa will be good for 2 years and you will be able to work immediately upon your return to the UK.

The Fiance Visa is where your boyfriend would have to prove he could support you during the 6 months, as you wouldn't be able to work.  You cannot take advantage of any public funds on either the Fiance or the Spouse visa.

And for clarification, the NHS is not considered public funds.

Fingers crossed on the HSMP visa for you!

Isn't there a working holidaymaker scheme for young people?? When I was looking into it, I thought there were several options for people under 30 to work for 6 months...

Last I looked.. the Working Holidaymaker scheme was only an available option to citizens of EU countries.  This would exclude Americans unfortunately  :-/

It's available to those from Commonweath countries, such as Australia and New Zealand.  Working Holiday maker is not, as Ternith says, available to US citizens.

I applied for my visa online as I could not download a copy.  Grrrrrr.  But I found that the form while fairly easy had a few questions that didn't pertain to me.  One was about dependents traveling with me.  I don't have any dependents traveling or otherwise.  But I could not click on that answer.  So grrrrr again.

When I got to the end of the form I found it was completely different from the printed version.  Asking nearly nothing about my relationship to my sponsor.  I choose the settlement spouse visa application.  Also when at the end I noticed that it said my visa was for one year.  I will question this again when in New York.  

Plus and this was a shocker!  I had to make an appointment.  The website said the Consulate would not see anyone without an appointment.  The only day that was available was our first day in New York.  The 13th.  All the other days after that are booked.  I was able to make the appointment.   So I was lucky.  But I haven't seen anything else on this before.  Has anyone else seen this?

Thank you for all of your help.  I wish the holiday maker was for US citizens too! I can't believe that charity work is even out of the question! I have to have a back-up plan if the HSMP fails! Suggestions welcome.  

You can get a visa similar to working holiday maker through an organisation called BUNAC. The ' blue card' visa is for 6 months and I believe you must have graduated within the last year.

I was told by the work permit dept. that I could do volunteer work. I'll try to find the email for you.

If you come in on the Visa Waiver Programme, you cannot take or seek any sort of work, even volunteer work.  If you come in on a Fiancee Visa, you are not allowed to take any sort of work, paid or unpaid.  Unpaid work would be volunteer work.

Actually, I think they may have changed the definition of "unpaid work" - I read a news article on the Home Office site which implied that unpaid work (forbidden on a tourist visa) is different from volunteering.  It said:

"There is a difference between volunteering and employment, which in general remains forbidden to asylum seekers even where the employment is unpaid. An example of unpaid employment would be an arrangement in which a person makes an arrangement to help out in a business, perhaps on behalf of a relative, in return for some non-monetary benefit. But where the work is unpaid and is carried out on behalf of a charity, voluntary organisation or body that raise funds for either then it will be accepted for immigration law purposes as volunteering." (http://ind.homeoffice.gov.uk/news.asp?NewsId=365&SectionId=3)

The article is geared towards getting more asylum seekers to volunteer, but I would think it would be difficult for them to have two different definitions for unpaid work!

One of these days I may call the Home Office & ask them to clarify this.

I'm sorry-I can't find the email. I may have called directly to th work permits dept, but I KNOW I was told I could come and do volunteerr TA work

I'm sorry-I can't find the email. I may have called directly to th work permits dept, but I KNOW I was told I could come and do volunteerr TA work

On what kind of visa, though?  Because even with saraliz's post (which I agree is kind of confusing because it says it specifically applies to refugees and such, not people here on valid visas) I'm pretty sure you can't volunteer if you come over simply on your passport as a visitor, i.e. under the Visa Waiver Programme.

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 note below) 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.



How's that for confusing??? In my case, the position in question was as a volunteer teaching assistant, and they said I could get a work permit for it.

Possably because you weren't volunteering for a recognized charity? The clarification is almost as murky as mud, but I think I understand most of it.