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-   -   UK experts - question about working in the UK? (https://www.fodors.com/community/europe/uk-experts-question-about-working-in-the-uk-824404/)

WillTravel Jan 31st, 2010 07:49 PM

UK experts - question about working in the UK?
 
I could ask experts at work, but I'd prefer to have some knowledge before I broach the subject.

Suppose I, an employee at my company's Canadian office, goes to London and works remotely. People from our office go to London all the time to visit the London office, work on client projects and attend meetings, but in my case, I'd primarily be doing this because I want to try a short-term stay in London for a few weeks or months.

If I remain a Canadian resident and pay Canadian taxes and am paid by a Canadian company, are there any restrictions against me opening my company laptop, logging on, and doing whatever I do, if I am located in the UK while doing it?

I guess theoretically the question could apply to people who simply go on vacation and turn on their laptops or Blackberries (which I have done, I admit), but I don't have a clear sense of the rules here.

Assume the above question applies to a stay of 2 weeks to 3 months.

Suppose I want to try a longer stay, like 3-6 months. Are the rules any different?

In either case, what do I tell the immigration officers when entering the UK?

flanneruk Jan 31st, 2010 08:44 PM

"I guess theoretically the question could apply to people who simply go on vacation and turn on their laptops or Blackberries"

The law is: non-Europeans can't come here in order to work unless you've got a visa, and to get a visa for working almost all non-Europeans need either to have a work permit or to demonstrate they're investing in setting up a business.

"Coming in order to work" isn't the same thing as coming on business - for which Canadians don't need a visa. Coming in order to work means intending to live here, while being paid by an employer for work you're doing here or while working for yourself. Details of the distinction (which is obviously subtle, but is pretty similar to the distinction the US and Canada make) at the UK Visas site. Your declared intention is to work, so you need a visa. If you're Canadian and have a British grandparent, you'll probably find a UK Ancestry visa is the easiest way to get a visa that bentitle you to work.

People who catch up on what's happening at the office while on holiday or while on a routine business trip aren't here to live.

On arrival in the UK, Canadians (and Americans) are routinely given 6 months' permission to stay, provided they satisfy the immigration official they're here on business or as a visitor. If they leave the country, they need new permission each time they re-enter.

Obviously, many North Americans just breeze through with no questions. But if you ARE asked questions, you will be refused entry on the basis of what you're saying here. Generally speaking, the longer you say you're staying, the more, and more penetrating, the questions you're likely to face.

Ultimately, they're likely to want to know why the company is paying you to swan round Britain looking at the countryside. They'll assume North Americans get more or less zero paid holiday, so if you're planning on six months, they're quite likely to want to see bank statements with enough cash to pay for six months here, as well as addresses and all the rest. If you say you've got a generous company that gives people six months' paid sabbatical, they'll want clear evidence of that policy.

They're trained to spot people like you: you're not trained to deceive them, and you're not as motivated to deceive them as a Somali who'll starve or be executed back home.

So while there's every chance you'll get no more than a gruff "good morning", it's also perfectly possible you'll get deported unless you get yourself a visa that allows you to work here.

WillTravel Jan 31st, 2010 08:57 PM

Flanneruk, that helps, thanks.

What if the London office says they would like to see me for a couple weeks? Would that qualify as "coming on business"?

Bowsprit Jan 31st, 2010 09:12 PM

I am always amazed that people will leave the most important questions to be answered by virtual strangers (as good as the information appears to be, with all due respect to Flanneruk and to WillTravel).

I would assume, that if you're in a position within your company to be transferred to an international placement, you'd be receiving the salient 'stuff' from your superiors in the company, right?

When my daughter went to work in the U.K. from the U.S. her company took care of everything. I know you're just gathering information, but perhaps you can start with your company and at least let them know you're interested in moving!

flanneruk Jan 31st, 2010 09:16 PM

It's very unlikely anyone would care at all if you say you're her for twp weeks and have te reyurn ticket to prove it.

But single tickets, or tickets for a departure in three months, raise flags, and make the ritual of being put in a room while they go through your luggage and your computer files more likely.

WillTravel Jan 31st, 2010 09:26 PM

Bowsprit, the reason I asked here is due to the knowledge of people posting here, and to get a foundational knowledge before I pursue company inquiries. Don`t worry - I will find out more from an official source before I jump on a plane.

Bowsprit Jan 31st, 2010 09:44 PM

No doubt. Good luck with this. Living in London has been a grand adventure for our daughter. I hope the same for you.

alanRow Jan 31st, 2010 10:12 PM

Just to add, there are punitive fines on companies in the UK who employ illegals. Have you asked your company (not your boss but at HR level) how they'd feel about having someone work illegally for them?

WillTravel Jan 31st, 2010 10:13 PM

Alan, where did you get the idea I plan to do anything illegal?

Bowsprit Jan 31st, 2010 10:26 PM

There's simply no chance of 'beating the system'. Getting through immigration to live and work in London for more than a few months requires more than clever semantics. If not sent by your company to work with all the requisites in place, it'll be an unfortunate mess for you.

If you're there vacationing for 2 weeks or 2 months and you happen to take some time to answer emails from work, nobody will care.

WillTravel Jan 31st, 2010 10:35 PM

Well, apparently I am not making myself clear, judging from the dunning tones I am getting.

I have no intention of doing anything illegal.

I want to know when the line crosses from something that is apparently OK (reading and answering emails during a short holiday), to something that is definitely not OK (giving up my Canadian residence and buying a London flat and proceeding to work without a visa). Flanneruk has mentioned the UK Visa site, so I will take a look there.

sheila Jan 31st, 2010 11:54 PM

Perhaps I can help? For once, Flanner is not right.

What you are proposing loosely, I think, is to come to the UK as a business visitor. The definition is as follows:-

You must be able to show that you:

only want to visit the United Kingdom for up to six months;

plan to leave the United Kingdom at the end of your visit;

have enough money to support and accommodate yourself without working, help from public funds or you will be supported and accommodated by relatives or friends;

do not intend to charge members of the public for services provided or goods received;

do not intend to study;

can meet the cost of the return or onward journey;

are based abroad and have no intention of transferring your base to the United Kingdom even temporarily;

receive your salary from abroad.

You must also show that you plan to do one or more of the permissible activities which include:

attending meetings, including interviews that have been arranged before coming to the United Kingdom, or conferences;(the bad grammar is not mine)

arranging deals or negotiating or signing trade agreements or contracts;

undertaking fact finding missions;

conducting site visits;

delivering goods and passengers from abroad such as lorry drivers and coach drivers provided they are genuinely working an international route;

tour group couriers who are contracted to a firm outside the United Kingdom, who are seeking entry to accompany a tour group and who intend to leave with that tour group;

speaking at a conference where this is not run as a commercial concern and the conference is a 'one-off';

representing computer software companies by coming to install, debug or enhance their products. Representatives of such companies may also be admitted as business visitors in order to be briefed as to the requirements of a United Kingdom customer but if they are to provide a service involving the use of their expertise to make a detailed assessment of a potential customer's requirements this should be regarded as consultancy work for which entry under the points-based system would be required;

representing foreign manufacturers by coming to service or repair their company's products within their initial period of guarantee;

representing foreign machine manufacturers by coming to erect and install machinery too heavy to be delivered in one piece, as part of the contract of purchase and supply;
interpreting or translating for visiting business persons, provided the interpreter/translator is employed by the overseas company and is coming solely to provide this service for the visiting company member.

monteurs - workers, for example fitters or servicepersons coming for up to six months to erect, dismantle, install, service, repair or advise on the development of foreign-made machinery;

board-level directors attending board meetings in the United Kingdom provided they are not employed by a United Kingdom company, although they may be paid a fee for attending the meeting

As a Canadian citizen- you don't actually say you are, but I assume you are- you are what we call a non-visa national. You do NOT need a visa to enter as a business visitor since you are a non-visa national.

Hope this helps.

PatrickLondon Feb 1st, 2010 12:40 AM

Ask your company if they can employ Sheila to be on standby at the airport when you arrive!

Alec Feb 1st, 2010 12:43 AM

http://www.ukvisas.gov.uk/en/ecg/vis...usinessvisitor sets out the official regs Sheila has outlined.

MLF611 Feb 1st, 2010 01:28 AM

Just curious (really, I have to plans to do this): what if someone travels to the UK to do research for a book? With a return ticket, staying less than six months, using their own funds etc.

Alec Feb 1st, 2010 02:23 AM

MLF611

There shouldn't be a problem - it will be seen as a private visit. Just make sure you have documentary evidence to back up your plan, such as some pre-booked accommodation, itinerary (what kind of a reserch you hope to undertake), bank statements, job or position to come back to or commitment at home and, as you say, return ticket.

Pete_R Feb 1st, 2010 03:36 AM

First I'd say I'm not an expert and agree with the poster who warned about trusting un-expert opinions.

That being said I'd slightly disagree with Sheila. To roughly paraphrase the Business Visit visa it allows you to come to meeting, seminars and to install stuff. If I understand WillTravel's OP this is not what he intends. He basically plans to do his normal work for the Canadian office but remotely, but sat at a desk in London. It's my understanding that would fall outside what is allowed on a Business Visit visa.

Again, I'm not an expert, but this has cropped up in the past where I used to work with respect to what people from overseas offices could and couldn't do while they were here.

asalamy Feb 1st, 2010 05:06 AM

The OP should also be aware that as a visitor for up to six months you would not be able to register with the NHS, so make sure that your health and medical insurance (inc. meds and scripts) covers your needs.

Without a UK bank account you would also be very dependent on exchange rates for your expenses, and have problems purchasing anything on-line in the UK (most sites that I came across during my time in the UK didn't allow for UK delivery linked to a non-UK billing address).

Finally, there has been a lot of changes recently in UK tax, so I would look at the Home Office site to understand if you might be liable for anything during your time, even if you remain a non-resident on a non-UK payroll.

These aren't critical items, but something to keep in mind as you think about your decision.

stokebailey Feb 1st, 2010 05:28 AM

I've wondered the same thing as WillT, since I could also work remotely.

Just wondering why this would be any skin off UK's nose. Granted Will isn't paying UK income tax, but neither is a well-heeled tourist who could swan around that long, and Will would be using his Canadian dollars to buy food, lodging, and probably get seeing and buying things more than someone who's been there forever. He wouldn't expect NHS care. What would it matter that his funds would trickle in from his employer rather than be inherited from grandpa?

asalamy Feb 1st, 2010 05:34 AM

But if there is an accident, WillT would require health care, which in the UK is mainly provided by the NHS, which is funded by taxes, which WillT wouldn't be paying. A well-heeled tourist would likely have travel insurance or such to cover expenses, so I'm suggesting WillT consider having the same.

Across the globe there are limits on days worked outside of one's country - some of it has to do with residency requirements. I'm just further suggesting that this should be considered when thinking about working in another country.


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