problems with visa

[Pipi]

Dear All,

I would like to ask you some advice, please. We have two people from non EU countries, who came to work with us on a business visa for 6 months (unpaid jobs). They visa will expire shortly, but they want to stay longer to look at the UK.
If they overstay 2 or 3 weeks, will I have problems with the Home Office, because I wrote business letter of invitation for them???
I am telling them that they won't be able to come back to GB again if they break the law, although they do not want to listen.

Could you possibly give me some advices???

Thanks alot in advance


I've heard different stories about visas. I was adviced that people can stay 180 days after they entered the country. Is it true? If the visas is between 22 Mar and 22 Sep and you entered the country at any point between these dates, you can stay 180 days after that, as it mention in you passport???

P.S. Thank you All for your advices. These people are allowed to work, because it is exchange skills and expirienses between different countries and we got permition from British Goverment.

[Jeff Albright]

If they overstay 2 or 3 weeks, will I have problems with the Home Office, because I wrote business letter of invitation for them???

Not because of that but because after the expiry date of their visas they will no longer be allowed to work for you and if you continue to employ them you will be in violation of Section 8 of the Immigration and Asylum Act 1996, for which a fine of 5 grand may be imposed. Their visas is their business but you have to make sure you do not employ aliens who have no longer any basis to remain on this land.

I am telling them that they won't be able to come back to GB again if they break the law, although they do not want to listen.

You are right. Overstay is an offence. Not only will it be hard for them to return to the UK, but they also may arrested and forcibly removed from the country if they remain beyond their current leave to remain without having applied for an extension.
You might consider applying for the Work Permit for them if they have skills you need but it has to be done well in advance and they will still have to leave and then apply through the embassy for an entry clearance in the corresponding category.

[British]

"make sure you do not employ [b]aliens[/b] who have no longer any basis to remain on this land. "

Aliens!!!!!!!

Is that how law defines a foreigner??? "Maybe" OK in law books (i still cannot accept such a usage of a word for a foreigner!! ), but such a defenition is ridiculous - do the lawmakers ever read any english dictionary!!!!!! ;-) Ha!

Anyway, just a random thought, nothing to do with this post though!

[Christophe]

Aliens!!!!!!!

Yes, makes you think of little green people with antennas.

The term is used in the US, and it used to be used quite openly (e.g. at airports to label the passport queues - US citizens vs Aliens), but now it is more confined to legal and quasi-legal documents.

The word has made its appearance in British law, but it is much less commonly used than in the US. 'Foreign' is a more common word in the UK, but the situation in the UK is also more complicated: Commonwealth citizens are not technically 'foreign' (hence, for example, the Foreign and Commonwealth Office); Irish citizens are deemed not to be treated as 'foreigners' in certain respects; and other EU/EEA citizens, while mostly 'foreign' (Cypriots and Maltese citizens being the exceptions) obviously have many rights in the UK that would not normally be accorded to 'foreigners'.

[Dawie]

Dear All,

I would like to ask you some advice, please. We have two people from non EU countries, who came to work with us on a business visa for 6 months (unpaid jobs). They visa will expire shortly, but they want to stay longer to look at the UK.
If they overstay 2 or 3 weeks, will I have problems with the Home Office, because I wrote business letter of invitation for them???
I am telling them that they won't be able to come back to GB again if they break the law, although they do not want to listen.

Could you possibly give me some advices???

Thanks alot in advance

Firstly, you have already broken the law because a person on a business visa is NOT allowed to work in the UK in any capacity, whether paid or unpaid. Therefore you are guilty of employing people who do not have the right to work in the UK.

Secondly, strictly speaking these 2 people overstaying their visas is their business and has nothing to do with you. HOWEVER, should they be stopped at an airport for overstaying and interrogated, the authorities might find out that they have been working illegally for you and this will get you into trouble.

The conclusion is that it's not the overstaying that you should worry about, it's the fact that they have been working illegally for you from the start. Have fun.

[Christophe]

But I don't think that these two people have been working illegally for the original poster - they have a work permit that expires shortly, and after that they want to travel around the UK. It is during the travelling (non-working) period that their stay would be illegal: the question is, therefore: would the original poster be held in any responsible for their overstay?

The answer must be no: I don't think that you're responsible for whether or not they leave the UK in a timely way. (After all, what can you do: manhandle them on to a plane at the airport?) As long as they're not working for you beyond the validity of the work permit, you should be fine.

[Dawie]

But I don't think that these two people have been working illegally for the original poster - they have a work permit that expires shortly, and after that they want to travel around the UK. It is during the travelling (non-working) period that their stay would be illegal: the question is, therefore: would the original poster be held in any responsible for their overstay?

The answer must be no: I don't think that you're responsible for whether or not they leave the UK in a timely way. (After all, what can you do: manhandle them on to a plane at the airport?) As long as they're not working for you beyond the validity of the work permit, you should be fine.

The original poster does not mention anything about a work permit. He quite clearly mentions a business visa which is a visa used to come to the UK to conduct business (such as holding meetings) but not to work.

[Christophe]

The original poster does not mention anything about a work permit. He quite clearly mentions a business visa which is a visa used to come to the UK to conduct business (such as holding meetings) but not to work.

No, you're right. But does that alter the fact that original poster won't be held responsible if they don't leave the country when they ought to?

[Dawie]

The original poster does not mention anything about a work permit. He quite clearly mentions a business visa which is a visa used to come to the UK to conduct business (such as holding meetings) but not to work.

No, you're right. But does that alter the fact that original poster won't be held responsible if they don't leave the country when they ought to?

I agree with you on that point. However although the OP will not be held responsible for them overstaying, their overstaying might inadvertantly lead to the authorities discovering the OP's real transgression. which is that of employing two people who only have business visas and who therefore had no right to work in the UK.

[Pipi]

Guilty!? Christ, I didn't know I was in a court of law here

[quote="Dawie"]
Therefore you are guilty of employing people who do not have the right to work in the UK.
quote]

[Pipi]

Wait a minute here, if you are "holding business meetings" what are you doing but working? Also, if you get a 6 month visa to come and "conduct business", what are you going to do in between meetings that does not resemble anything like work? It makes no sense, does it? Of course the visa allows you to work, otherwise define "work".

Anyway, there is some good advice in the messages of this thread, thanks

The original poster does not mention anything about a work permit. He quite clearly mentions a business visa which is a visa used to come to the UK to conduct business (such as holding meetings) but not to work.

[JAJ]

Wait a minute here, if you are "holding business meetings" what are you doing but working?

If someone comes to the UK for a business meeting, it's normally considered to be "work" for their foreign employer and not work that could be done by a British citizen or permanent resident.

This is okay on a short term visa, or visa-free status. Australia, Canada and the U.S. have similar rules.

Once the trip starts becoming extended, and/or the person starts getting paid in the UK, it's a different story.