Advisory: working on the internet

It only applies when somebody is physically in the UK at the time they are doing the work...

Hello, I've spent a lot of time on here reading posts and this is my first post:).  You are all a wonderful source of information and I will start posting as the date to apply for spouse visa gets nearer. 
For the time being, I would like to ask a question somewhat related to this topic.  I am a telephonic interpreter for Hospitals, Insurance company.  As I have Vonage (VOIP), I can do this job from anywhere in the world.  I understand that I'm not supposed to work while in Britain as a visitor.  How about once I am there on a spouse visa?  Will I be able state that I will continue with this employment once I am in Britain?  Your suggestions will be greatly appreciated.

Cheers,

Clau

Yes, once you have your spouse visa you can do that work.

Dr SuperL99, you are a superstar!

Thank you!

No, nothing in policy anyway.  That's why I asked.   

They made it real clear that it's unambiguously spelled out in HC395 tho'.  Citing chapter and verse and so forth.

Their email did, however, contain this sentence "...If a person is being paid for work they are carrying out whilst in the UK it is considered that they are working..."

Which sums up their position on it.  No grey areas at all in their minds.

So if one works for a U.S. company, and wishes to work in the U.K., is it possible? Does the company have to register as a sponsor, even if it is strictly a U.S. company? Maybe there is no way for someone to enter the U.K. under those conditions. Other forums indicated that it wasn't an issue since a U.K. worker would not be supplanted, so I am glad I checked here. I'm just wondering if it is possible at all to work in the U.K. for a U.S. company.

So if one works for a U.S. company, and wishes to work in the U.K., is it possible? Does the company have to register as a sponsor, even if it is strictly a U.S. company? Maybe there is no way for someone to enter the U.K. under those conditions. Other forums indicated that it wasn't an issue since a U.K. worker would not be supplanted, so I am glad I checked here. I'm just wondering if it is possible at all to work in the U.K. for a U.S. company.

You can work in the UK for a US Company...IF you are already a UK Visa Holder that has permission to work in the UK without restriction -- such as a spouse/civil partner of a British Citizen living in the UK or you are the Family Member of an EEA Citizen that resides in the UK.

But to live in the UK just because you want to and work for a US Company remotely...not going to happen.

If the US Company has UK Offices and you've been transferred to the UK to work in the UK office you need a Tier 2 ICT visa.

You can work in the UK for a US Company...IF you are already a UK Visa Holder that has permission to work in the UK without restriction -- such as a spouse/civil partner of a British Citizen living in the UK or you are the Family Member of an EEA Citizen that resides in the UK.

But to live in the UK just because you want to and work for a US Company remotely...not going to happen.

If the US Company has UK Offices and you've been transferred to the UK to work in the UK office you need a Tier 2 ICT visa.

Thanks for your kind reply! It's too bad, but that is life. Plenty of people want to come to America and can't either I guess. I do appreciate you letting me know about the Tier 2 ICT visa.

I got to thinking: If one works for a company that insists that you keep in contact with them or work remotely throughout your vacation, this restriction that you can't even work remotely when a visitor in the UK may be a blessing if you're looking for a true break from your job. Schedule a vacation to the UK, and tell your supervisor(s) that you can't do work when you're there because it's illegal!

I do all my work on the internet. Get paid in USD. When the UKBA asked me at Heathrow how would I pay for my holiday, I said from internet earnings ongoing. They said that is like working. I said no it happens in the back ground and whilst I sleep I still earn. They didn't like it and questioned me for hours. They went right down to exactly how I earn every cent on the internet. I don't know if they were using me to gather information for others. I argued because the act of  not working on holiday is from around 1971, outdated and no internet at that time. I also argued that if a person owns a property and leases it out. They will receive rentals. Whilst they are on holiday they would receive rent. I also said a musician could be paid royalties for their music whilst on holiday. Their answer is your holiday should be short enough so that you would not benefit from earnings from ongoing work. Here lies the problem if you say that you have come for a long holiday and need the money. Best thing is to say I'm on holiday, no correspondence will be done with my work at all. If you are short of money then get a sponsor to write a letter to cover all your costs. In that way you don't actually need your own money. I appealed and they let me out into the UK for 6 weeks. Before the court date they gave up and sent me my passport with a letter saying do not overstay your visa. 

That is what a visitor visa is for. Holiday ( No work and no intentions of getting married. ) If you are going to stay with a fiance and returning home then don't even mention that they are your fiance.  That will mean you may intend to settle on your visitor visa and get married. NOT ALLOWED.  You will quickly find your visa cancelled and returned on the next flight.

Make sure if you are a visitor have a return ticket for a month or less. This shows your intentions to return home.

Goodluck with your visas and remember you can always appeal in the UK. They will sort it out faster then an appeal when you return home since they are now spending public funds.

The question comes up a lot in several different forms...

The fiance who makes arrangements with her employer to work in the UK via the internet.  Plus...

A visitor who works on the net.  We are not talking about a tourist who comes in for a week or so, but about somebody who is 'holed up' in the UK and working via the internet.  Plus...

Anybody else who was admitted in a category prohibiting work and works via the net. 

So in my capacity as an Independent Stakeholder I put these before the Entry Clearance Policy Unit at UKBA.  And they gave a reading on it.  I have been studying it over the weekend and think an advisory is in order.

Long and short:  If you get caught, you will be in *trouble*.  The common rationalization is that you're getting paid in dollars to a US bank and it all has nothing to do with the UK.  They don't accept that rationalization as valid.

People also use the tactic that they didn't know the way things worked.  But from their eyes you had an opportunity to explain what you're going to do in the UK when you landed.

Now just because UKBA says something is illegal doesn't mean the end of the world.  You can always have a meeting with the policy people and make a case for them to change their minds.  Or you can take them court.

We already know that if you're here for longer than 91 days and have made a remittance to yourself, HMRC gets involved.  This advisory completes the picture.

So take note.  This advisory isn't going to make some people very happy, but at least you know where you stand.

There were a few other things I asked them to clarify and I'm still studying them.

If you are going to stay with a fiance and returning home then don't even mention that they are your fiance.  That will mean you may intend to settle on your visitor visa and get married. NOT ALLOWED.  You will quickly find your visa cancelled and returned on the next flight.

Advising people to lie about having a fiance has backfired on so many people that it's really not a good idea.  The best method is to simply be honest.

Just backing up Geeta. I arrived in the UK to visit my fiance, I told them so using those terms, and I didn't have any problems. They did want to know where and when the wedding would take place, and for how long I'd be visiting, but they never even asked to see my return itinerary.

Best thing is to say I'm on holiday, no correspondence will be done with my work at all. If you are short of money then get a sponsor to write a letter to cover all your costs. In that way you don't actually need your own money.

If you are going to stay with a fiance and returning home then don't even mention that they are your fiance.  That will mean you may intend to settle on your visitor visa and get married. NOT ALLOWED.  You will quickly find your visa cancelled and returned on the next flight.

Goodluck with your visas and remember you can always appeal in the UK. They will sort it out faster then an appeal when you return home since they are now spending public funds.

So your advice is:  lie to immigration officials, and then if you get busted, rely on the UK taxpayer to fund your defence against your lies.  

Is it any wonder that the British public is becoming so anti-immigration!

UKY does not endorse lying to government officials and recommends that any "advice" to do so is ignored.

Furthermore, I remind members to note the forum rules and agreement which you all agreed to when you signed up:

You agree, through your use of this forum, that you are an adult, 18 or older, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or embarrassing or causing distress or inconvenience to another User or any other person or entity; or otherwise in violation of any International or United States Federal law.

And this...

http://www.thestar.co.uk/community/volunteer-s-fury-at-tourist-visa-arrest-1-4409004

And this...

http://www.thestar.co.uk/community/volunteer-s-fury-at-tourist-visa-arrest-1-4409004

I saw this. In the age of the internet, it is not that hard to research visa requirements.    And the clue is in the name of the visa?