Advisory: working on the internet

Aside from the volunteering issue, it sounds like she was also trying to use the visitor category to stay in the UK for an extended period.

Silly and arrogant person.

Hey guys,

I'm in a really similar situation to the ones being discussed on this thread, but it's not exactly the same, so I thought I'd ask you guys, as I'm finding absolutely NOTHING on the UKBA website.

I'm an American student studying abroad in Scotland for the upcoming academic year. This summer, I did a remote internship for a literary imprint. A few days ago, they offered me a job, which would also be remote and done from my computer. I want to go into publishing after I finish college, and since it's such a difficult industry to break into, I need all the experience I can get.

So the question I'm facing now is: is this actually legal? On a Tier 4 student visa, which is the kind I'll be getting, it seems you can work for up to 20 hours a week part-time, but you cannot be self-employed. Knowing this has thrown a wrench in the plan because the job would have counted as a "freelance contractor" (i.e. technically "self-employed"). So at the moment they're looking for a way to get around this, and I'm hoping that they can find a way to count me as an employee.

But: if they CAN, is it legal for me to work for an American company from my computer while studying abroad in the UK? It seems that way, but nothing I can find on the UKBA website actually says it outright, and I definitely do not want to be found breaking any laws unintentionally.

My backup plan would be to treat this thing as an internship and not get paid while in the UK, only counting it as a "job" when I'm in the US, like during Christmas break. Would doing THAT be legal, or would the UK have some kind of problem with that as well?

Any help with this would be FAB.

...is it legal for me to work for an American company from my computer while studying abroad in the UK?

My backup plan would be to treat this thing as an internship and not get paid while in the UK, only counting it as a "job" when I'm in the US, like during Christmas break. Would doing THAT be legal, or would the UK have some kind of problem with that as well?

While you are studying in the UK, you are allowed to work up to 20 hours per week, paid or unpaid.  There is nothing special or different about the sorts of work you describe.  It is all included in the 20 hours.

So, some more drama in this saga!

I got an e-mail reply from my university, which said the exact opposite of everything else I've been hearing. They said that their visa expert said since it's a US job and I'd be paid in the US, it doesn't count as UK work. They're wrong, right?

Also, I spent some time mulling over the definition of "self-employed". Is it possible that to the UK, I wouldn't count as self-employed, as technically I'd be working for somebody, even if tax-wise I'm classified as "self-employed"? I can't find anywhere on the Internet that defines the UKBA definition of self-employed, which is bothersome.

Finally, would anybody have some advice as to where to call to get a definitive answer on any of this? I tried calling the UK border agency and that was a fail (apparently they can't answer questions?) Tried the UK embassy here too, and they gave me a number to call that didn't work.

So, now I'm hearing from multiple sources that perhaps it DOESN'T count as work in the UK and would therefore be fine. Urgh. (People keep saying that since I'm on a student visa, the conditions are different from other sorts of visas, which is really confusing.) It's so frustrating because I'm getting all these contradictory answers from people who "would know" (like my university, other people who have studied abroad, etc.) and I can't seem to find a definitive source with an ANSWER. Would anybody know of an authority who would definitely know the answer to complicated questions about working for US companies in the UK who I could call or e-mail about this?

Here is a Revenue and Customs page on the subject:

http://www.hmrc.gov.uk/employment-status/index.htm#1

I got an e-mail reply from my university, which said the exact opposite of everything else I've been hearing. They said that their visa expert said since it's a US job and I'd be paid in the US, it doesn't count as UK work. They're wrong, right?

Did their "visa expert" say where they are quoting this from?  Do they know about some ruling or appeal case which has put into case law that working on the internet and/or for an overseas employer is not "work".  It does not seem to be sound advice.

The immigration rules and guidance just talk about work, they don't make any reference to where the employer is based, work done over the internet, or any specifics that you mention.  That's why this thread exists to discuss the issues, and that's why you are frankly wasting your time looking for any reference to it in the rules or guidance, or any "ruling".  None exists.  

You just have to decide for yourself if you are acting in good faith and mindful of what the immigration rules say.  The safest interpretation is that it is work you are undertaking in the UK, so in the absence of any specific exceptions for certain types of work or employers, it is included in your 20 hours a week allowance.  I am surprised that a university international student adviser would advise otherwise.  Which university is this? Perhaps you might want to forward this response to them, and ask for their comments?

The principle is that you are in the UK to study, not work.  In that context, any work you do for anyone is fairly logically included in your 20 hours.

Hi all!

Newbie here. I'm asking the same questions as others in this thread: namely, as a software developer I can work from anywhere (according to my job role), so under what means can I spend some time in the UK while still working as a dev for my US-based company?

It sounds like I can't do that under a normal tourist visa, which is depressing. So my next question is: if my company, which is fairly large, has a branch in the UK, perhaps a Tier 2 visa would work... but I wouldn't be filling a post that cannot be filled by a new recruit... (from the UKBA site). So I don't know if that works.

Does it mean that a longish visit (months, not weeks) is not possible unless I can do it without any income generation?

-Danimal 

Yes, a long visit isn't possible unless it can be done without working. You're not meant to be working in any capacity while on a tourist visa in the UK. And a Tier 2 visa is meant for someone who will be filling a full-time, permanent position.

This is a zombie thread, but I have a question that fits in with the topic.

I am in the UK with full right to work. I recently retired from a company in the USA and moved to the UK.  That company is now offering me a 20 hour per week contract to work remotely for up to a year (with possible extensions). I'd like to do it.   Can anyone direct me to an official entity where I can get a specific answer as to the legalities?  I would assume I'll self-report and pay taxes on it as employed in the UK, and will make voluntary contributions to the National Insurance.

Does anyone know if a half-time (variable) job would be considered "employed" as far as the requirement to have CSI as an EU citizen goes? The salary would work out to about  25 pounds an hour. Is there a specific place I can email to get something in writing from the government on this?

I am in the UK with full right to work. I recently retired from a company in the USA and moved to the UK.  That company is now offering me a 20 hour per week contract to work remotely for up to a year (with possible extensions). I'd like to do it.   Can anyone direct me to an official entity where I can get a specific answer as to the legalities?  I would assume I'll self-report and pay taxes on it as employed in the UK, and will make voluntary contributions to the National Insurance.

Nan, you're going to need to be self employed to make this work, for all the reasons that guya described in your other thread.

Contact Acas (or the Labour Relations Agency in Northern Ireland) for advice about employment status, employee rights or employer responsibilities.

Acas helpline
Telephone: 0300 123 1100
Textphone: 18001 0300 123 1100
Monday to Friday, 8am to 6pm   

https://www.gov.uk/employment-status/overview

Acas website. http://www.acas.org.uk/index.aspx?articleid=1339

Taxes https://www.gov.uk/tax-come-to-uk

As well as regeristing with HMRC, you will need to follow this as you are using an EU route to be in the UK.
https://www.gov.uk/government/publications/european-economic-area-nationals-qualified-p

And keep up to date with all the changes the UK makes for those in the UK using EU routes. You can see from this link that some of this was changed again (updated) in February 2017. It's constantly changing for those using EU routes in the UK and the EU allows changes to be backdated.

Hi Sirius,

Thanks. Link does not work, tho?

Will be calling for a NI number tomorrow, and since the contract wouldn't start until August I have a little time to sort it out!

Then again, maybe they'll find someone to hire and won't need me. I'd like the  money, but it wouldn't break my heart to never do that work again. 

Am doing my best to stay on top of things.

 N

Hi Sirius,

Thanks. Link does not work, tho?

Oops. Try this

https://www.gov.uk/government/publications/european-economic-area-nationals-qualified-persons

Thanks. Have also written to HMRC and asked.