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Advice on UK stay

General UK immigration & work permits; don't post job search or family related topics!

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aus_naomi
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Posts: 4
Joined: Fri Apr 13, 2012 5:03 pm

Advice on UK stay

Post by aus_naomi » Fri Apr 13, 2012 5:12 pm

Hi,
I need some advice on my current circumstances, as they are pretty unique so I can't find the right information anywhere. I am currently in the UK, I am living here with my partner who is here on a working visa however don't have a visa & am here as a visitor. I am working for the same company I work for in Australia by correspondance. I am not working or recieving funds from any business in the UK. I am in the process of applying for a Hungarian Passport and am just waiting for it to be approved. Once I have this, I will be a European citizen & will be ok to stay longer than the 6 month period they place on visitors.
I only plan to be here for 6 months if my passport doesn't come through.
I am just wondering whether this is ok to be doing?
I can't see anywhere that I am breaking the rules as I believe you can be in the UK as a visitor (whether as a business visitors or general tourist visitor) for up to 6 months. But I am concerned that if I leave the country for a short break/holiday, immigration might stop me from returning. I'm not sure whether I need a visa in the interim before my passport comes through.
Any advice would be very grateful.
Thanks

ElenaW
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Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Fri Apr 13, 2012 11:19 pm

If you're here on a regular 6 month visit visa, it is illegal to be working. It doesn't matter if it's a UK job or remote.
I tell it like it is.

Mr Rusty
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Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Re: Advice on UK stay

Post by Mr Rusty » Sat Apr 14, 2012 10:01 am

aus_naomi wrote:Hi,
I am in the process of applying for a Hungarian Passport and am just waiting for it to be approved.
Are you just waiting for a passport, are you de facto a Hungarian citizen, or are you waiting to acquire Hungarian citizenship? There is a difference.
If it is merely a case of documenting yourself as Hungarian, you are already an EU citizen and have the right to live and work in the UK. If you continue to travel in Europe on your Australian passport, you may expect some enquiry from Immigration Officers if you seek entry having already spent a lengthy period in the UK as a visitor. However, they would probably back off if you could show that you have a legitimate claim to be Hungarian.

aus_naomi
Newly Registered
Posts: 4
Joined: Fri Apr 13, 2012 5:03 pm

Post by aus_naomi » Tue Apr 17, 2012 11:28 am

Thanks for all your feedback. I am applying for a Hungarian Passport for which part of that is citizenship, so I am trying to obtain that passport so I will then be a citizen of Hungary & the EU. Does that help? The only current documentation I have for my application is my receipt for when I paid for my application, I'm not sure if this is sufficient proof that my application is in process, but that's all I have.
If I am working for a company in Australia by correspondance in London, do I not qualify as a business visitor?
Thanks

ouflak1
Senior Member
Posts: 952
Joined: Mon Jul 06, 2009 12:59 pm

Post by ouflak1 » Tue Apr 17, 2012 6:01 pm

aus_naomi wrote:Thanks for all your feedback. I am applying for a Hungarian Passport for which part of that is citizenship, so I am trying to obtain that passport so I will then be a citizen of Hungary & the EU. Does that help?
It is more accurate to say that you are applying for citizenship, after which you will then apply for your passport. The reason why this is more precise is because your passport is irrelevant with regards to your rights as an EU citizen. The instant you get Hungarian citizenship, you have the right to live and work in the UK even if you never obtain a Hungarian passport. A passport is merely a source of identification and proof of citizenship (or nationality), not a conferral of.
aus_naomi wrote: If I am working for a company in Australia by correspondance in London, do I not qualify as a business visitor?
Thanks
I think yes, but am curious about the wording on this too. I took a peak at the rules and couldn't find anything that states a person visiting the UK on business couldn't actually conduct business with their own company. The Home Office does distinguish between business visitors and 'tourist'/family visitors, even if the visa is implicit, though I can find no precedence for them having to make this distinction explicitly. Here is a link on business visitors.

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