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You are not supposed to be doing ANY work in the UK. And that goes for paid and unpaid work. Please read the sticker or ink stamp in your passport, it says "no work"gliberty wrote:Hello everyone,
..............................
I am currently here on a visitor visa, and am employed by an American company (and spending all that money here!). For an indefinite period I can work for this American company remotely ................ and I do not want to push them to do a visa application since they have been extremely generous already by letting me work from here in the first place.
It is reasonable to expect those coming to the UK as Business Visitors (to attend meetings etc) to want to make use of their laptop/Raspberry whilst here. Provided this is solely to enable the Business Visitor to keep up to date with their own workload abroad, or to liaise with contacts in the UK, UKBA would not consider this as `work’ for the purposes of the Immigration Rules.
I was told by a UK immigration lawyer that it is legal if for my American company only, on a visitor visa. I think what you have quoted is about doing work for a UK meeting or event, while traveling here for work purpose--i.e. the work is for someone in the UK. My work is not for a UK company, and therefore, according the immigration lawyer that I spoke with, it is OK.PaperPusher wrote:You are not supposed to be doing ANY work in the UK. And that goes for paid and unpaid work.
What you seem to be doing is breaking the law:
It was through my company. I seriously doubt that a highly respected US company would put themselves on the line to break UK immigration law just for me. They have a hired attorney on staff who contacted a UK immigration lawyer and settled this. I do not know the name of the company, but I trust that the company I work for would not put their neck on the line for this. It would ruin their reputation, which is why they paid the attorney top dollar to figure out the details on this complicated matter.PaperPusher wrote:And their name, or the firm, and the relevant case law?
You might not like to hear it, but PaperPusher is 100% correct. If the Border Agency found out about this, they would deport you and look to fine your employer up to £10,000. Them's the facts.gliberty wrote:It was through my company. I seriously doubt that a highly respected US company would put themselves on the line to break UK immigration law just for me. They have a hired attorney on staff who contacted a UK immigration lawyer and settled this. I do not know the name of the company, but I trust that the company I work for would not put their neck on the line for this. It would ruin their reputation, which is why they paid the attorney top dollar to figure out the details on this complicated matter.PaperPusher wrote:And their name, or the firm, and the relevant case law?
Now, instead of prodding me about that, do you have any suggestions for what I can do next?
Well, I was told that what I am doing is fine. I am here to see my mother, and I am not working for any UK office. I am legal as far as the lawyer is concerned. My question here is whether my mother's needs matter - can I get compassionate leave to remain for a longer period?PaperPusher wrote:
Not working includes not providing services in the UK.
You're working illegally mate, no doubt about it and if you're caught you and your employer are up for the high-jump. And, a probable ban for you. Your employer is acting very irresponsibly.gliberty wrote:Well, I was told that what I am doing is fine. I am here to see my mother, and I am not working for any UK office. I am legal as far as the lawyer is concerned. My question here is whether my mother's needs matter - can I get compassionate leave to remain for a longer period?PaperPusher wrote:
Not working includes not providing services in the UK.
Second, my mother is ill with Multiple Sclerosis. I am not her carer, but she is better off for having one of her children here with her.
As far as compassionate leave to remain goes:My question here is whether my mother's needs matter - can I get compassionate leave to remain for a longer period?
From:UKBA wrote:There is no provision in the Immigration Rules for issuing entry clearance on the basis of an applicant coming to the UK to care for a sick family member or friend. A person who wishes to enter the UK to provide short-term care or make alternative arrangements for the long term care of a friend/relative may do so under the Rules relating to general visitors.
I meant what I said about asking what you should say about this work to an immigration officer, or rather how you would demonstrate that it is fine as you waited in the holding room with the lovely bolted down chairs for your flight home. Lying is not an option. You need to think that way because it is you seeking entry to the UK, not the lawyer. Even if I am wrong, I would like to know in what way and why "remote working is fine as a visitor" isn't in Macdonald's Immigration Law & PracticeWell, I was told that what I am doing is fine.
And this indicates to me the limits of your knowledge. I am a hair's breath away from being able to become a UK subject, and it has nothing to do with being or not being born in a commonwealth country. All that is required is that you have one British parent, and either filled out the paperwork before turning 18 or - given a law that passed maybe 5 or 6 years ago - after 18 so long as your British parent was born in the UK.PaperPusher wrote: The suggestion to go for an ancestry visa is only available to people born in a commonwealth country, which the United States is not.
PP is right, for Ancestry visa you need to be a citizen of a Commonwealth country. I think ur talking about pure inherited birthright, in that a BC passes his citizenship on to his children, if born or naturalised in UK (British otherwise than by descent), whereas one born abroad who has had this passed to him (British by Descent) cannot pass it on, as ur case.gliberty wrote:Thank you to Taliska and Wanderer.
One final thing PaperPusher. You say:
And this indicates to me the limits of your knowledge. I am a hair's breath away from being able to become a UK subject, and it has nothing to do with being or not being born in a commonwealth country. All that is required is that you have one British parent, and either filled out the paperwork before turning 18 or - given a law that passed maybe 5 or 6 years ago - after 18 so long as your British parent was born in the UK.PaperPusher wrote: The suggestion to go for an ancestry visa is only available to people born in a commonwealth country, which the United States is not.
I do not *quite* qualify on that last count as my mother was born in a UK embassy abroad and they declined a family member of mine who had the same circumstances. However, some would say that I should still try given my mother's condition.
In any case, I think this is enough bantering on a bulletin board where obviously all the circumstances cannot be taken into account in a complicated situation. Best to go speak to someone as you say.
British embassy should be British soil.Wanderer wrote:
PP is right, for Ancestry visa you need to be a citizen of a Commonwealth country. I think ur talking about pure inherited birthright, in that a BC passes his citizenship on to his children, if born or naturalised in UK (British otherwise than by descent), whereas one born abroad who has had this passed to him (British by Descent) cannot pass it on, as ur case.
It's a common misconception that it is.gliberty wrote:British embassy should be British soil.Wanderer wrote:
PP is right, for Ancestry visa you need to be a citizen of a Commonwealth country. I think ur talking about pure inherited birthright, in that a BC passes his citizenship on to his children, if born or naturalised in UK (British otherwise than by descent), whereas one born abroad who has had this passed to him (British by Descent) cannot pass it on, as ur case.
gliberty wrote:
Second, my mother is ill with Multiple Sclerosis. I am not her carer, but she is better off for having one of her children here with her.
Third, I am currently here on a visitor visa, and am employed by an American company (and spending all that money here!). For an indefinite period I can work for this American company remotely (sometimes I may travel for a couple of weeks if I need to, but otherwise I can do all my work remotely), so the work visa thing does not really work for me.
Chapter 2 - Visitors wrote:2.1.7 Discretion outside the rules or leave to remain beyond six months
Leave to remain beyond the six month maximum period should only be granted in the most exceptional compassionate circumstances such as the illness of a close relative (see the instruction relating to Chapter 17 Section 2 - Carers).
I've heard of quite a few compnaies (Inclduing a very large Oil compnay) that get so large they simply just don't care. Everything isn't quite as shiny an polished as large corparations and the Home Office make out ^_^.I seriously doubt that a highly respected US company would put themselves on the line to break UK immigration law just for me.
Vinny has provided quite interesting links.vinny wrote:gliberty wrote:
Second, my mother is ill with Multiple Sclerosis. I am not her carer, but she is better off for having one of her children here with her.
Third, I am currently here on a visitor visa, and am employed by an American company (and spending all that money here!). For an indefinite period I can work for this American company remotely (sometimes I may travel for a couple of weeks if I need to, but otherwise I can do all my work remotely), so the work visa thing does not really work for me.Chapter 2 - Visitors wrote:2.1.7 Discretion outside the rules or leave to remain beyond six months
Leave to remain beyond the six month maximum period should only be granted in the most exceptional compassionate circumstances such as the illness of a close relative (see the instruction relating to Chapter 17 Section 2 - Carers).
See also Representatives of overseas businessesgliberty wrote:Third, I am currently here on a visitor visa, and am employed by an American company (and spending all that money here!). For an indefinite period I can work for this American company remotely (sometimes I may travel for a couple of weeks if I need to, but otherwise I can do all my work remotely), so the work visa thing does not really work for me.
It may be possible to try to get a work-type visa if my employer would be willing to do the paperwork, if there is an appropriate one for American-employer-London-office BUT there is no actual London office - just me in my flat - and I do not want to push them to do a visa application since they have been extremely generous already by letting me work from here in the first place. Plus there is no work reason for me to be here - most of the work visa ones that might apply to my situation expect a reason for the foreign company to require the worker to be in the UK - but I am not here for work, I am here for family and personal reasons. So I would much rather not go that route.