Urgent--delayed work permit question

Hi All--My wife and I moved to the UK last year, I with an employee-sponsored work permit and she a spousal work permit. I've hired a Boston graudate student to intern  for pay for 6 months in our Cambridge office, but her work permit has not been processed yet (taken a month longer than normal due to a huge backup) and she is scheduled to fly Wed night. The compnay is happy to pay to reschedule her flight but we also thought she could come in as a visitor as she has a return flight booked 5 months from now and a place to stay at our house. She would just say she's traveling through the UK and Europe before going back to the US where she is getting married in October. Her work permit should be a formality--we've done this internship about 8 times already and the turnaround is one day once they get to the application.

The intern was willing to be a "tourist" but a friend then wondered if immigration could tell, by scanning her US passport, that she had a work permit application being processed. My HR manager doesn't think the UK databases are that competent yet but we also don't want to ask the intern to do anything that makes her nervous. Neither of us think she'll have a problem but we can't guarantee it and so I lean toward having her reschedule the flight.

Any quick advice? This has been very frustrating.

-jt

If she comes in as a tourist and starts working, she's illegal.

I'm sure others will come on with more detailed analysis - but that's the simple answer.

I'm not sure your intern would be so sanguine about being "a tourist" if she knew that the consequences of being caught out in a lie is a 10-year ban. Which it is.


This is a pretty dangerous thing to attempt especially since the consequences could also ricochet onto your company. Isn't there some penalty for knowingly employing someone not eligible to work?

Because you say you've done it before, I assume you understand she'll need an entry clearance in addition to her work permit. Were you planning on having her go back to the U.S. and get that eventually cause if so, the time savings seem hardly worth it.

People who know more than me will chime in, no doubt, but this seems like a stupendously bad idea.

1) She would have her work permit before she started working for us. We expect it next week, just not this week in time for her flight.


2) It's for 5 months as an intern--I thought entry clearance was for people staying beyond 6 months, but I don't handle the work permit issue.

We're getting the appropriate work permit--just am trying to avoid her losing weeks off her 5 month internship. She has to go back at a set time for her wedding.

Sounds like it's not worth the risk for her.

I'm not 100% certain, but I think you need an entry clearance to enter on a work permit period.

If you're not handling her immigration paperwork, I'm surprised you didn't run this idea past the person who is who could explain the consequences in more detail to you.

But when it boils down to it, getting the clearance once the permit comes through most of the time will add less than two weeks to the process.

Considering the consequences, doesn't seem like a good idea.

Immigration law in this country is not something to wink at -- not ever, but especially not now that the penalties for violations have gone up drastically in their severity.

ETA: It doesn't make a difference if the internship is unpaid, btw. No work means just that. You even need a special visa for volunteering.

No o entry clearance needed for work permit of less than 6 months.

http://www.workpermit.com/uk/entry_clearance.htm# [nofollow]

I stand corrected, I'm sorry.

But I still think it is a bad idea. Even if she does get her permit eventually, she will have lied about her intentions to the IO on entry when she'll tell them she's coming for a visit.

And because she's a woman and an American and coming to stay for a lengthy visit, there's a much greater chance that they'll get curious.

Hi All--My wife and I moved to the UK last year, I with an employee-sponsored work permit and she a spousal work permit. I've hired a Boston graudate student to intern  for pay for 6 months in our Cambridge office...

Was this a mis-type, then?

Still agree with Mort that it's a bad idea.

A 6 month work permit doesn't require entry clearance, but she does have to have a stamp on her work permit for when she enters the country, that way if she leaves and comes back, she has the proof that she came in for that reason. 
If she comes before hand, she won't get her work permit stamped and then if she's caught, it will be big trouble for her in the future. 

Quick and easy answer.

She comes to the UK as a visitor.  She does not work.  She is honest at immigration and will be let in.  When the work permit arrives, she does a day trip to France, and gets the permit endorsed on her way back.  NOW she can work!

We used to do this all the time back in the day when US nationals never needed entry clearance.  The important thing is for her to have evidence that she has an outstanding wp application and to be convincing when assuring them she won't work until it is approved and endorsed.  A letter from you will help.

I hope you are not employing a law firm to do the permits - they should have known this solution without a second thought.

Vicky

Thanks Vicky--Wish i had heard that earlier. We decided to reschedule her flight because we didn't want to put a young person in a bad situation. No we don't employ a law firm. Our HR person submits the paperwork and we've always gotten the permit in 1-3 weeks. It's been 5 weeks now and counting. I guess if it isn't ready for her new flight on May 13 we may try your solution. I'm happy to provide a letter saying she won't start until the permit arrives and that she has a place to stay meanwhile.

I think we were nervous about that solution because the UK website says you can't come over planning to work without your permit.

--john

I think we were nervous about that solution because the UK website says you can't come over planning to work without your permit.

That is a true statement, becuase of the fact that you can't work without it- and you must get it stamped when she enters the country- but Vicky's solution is a bit of a creative way around this

As long as border patrol allows it, fine--we had thought of her taking the eurostart to paris and back.

This was what worried us.
http://www.ukvisas.gov.uk/en/howtoapply/infs/inf13workpermitholders#Q5 [nofollow]

=j