Previous earnings question

[galatie]

Was wondering if someone could help me...

Am currently in the UK on a student visa which expires 1/2011.

I started employment with a US company on 01/09/2010. I will be based in the States for the duration of my work. However, I am undergoing training here in London for the next two months, then moving to NY to continue with the job.

The two months salary will be deposited into my US bank account.

Will I be able to claim for these 2 months when I apply for tier 1 next year? Or do I physically have to be present in the country where I will claim previous earnings? I am worried that it might be a problem if I claim for 2 months US earnings while i am in the UK still?

Any help would be appreciated! Thanks!

[rizwan567]

I am not 100 percent sure but I think, No, you dont have to be physically present in the country you claim.

Since the uplift rate for UK and US is the same, so you should not face any problem what so ever as long as you provide sufficient evidene like salary slips and bank statement confirming net salaried credited in.

And another thing is that when working you should not be breaching conditions of your visa. For example a student can not work full time. A student can only claim part time. If you are claiming earnings from US then you should have a valid US visa to work.

[galatie]

Hmm, thanks for the reply.

I am pretty certain that after my course ended, you are allowed to work for an unrestricted amount until your visa expires. I will double check this however.

Since I am an American citizen, I do not need a visa to work there.

Thanks for your advice

[pkumar]

US Citizen CANNOT work in UK without valid work permit. you can come and visit without visa but not work .... if you have earned in UK then they expect that you had valid visa (if physically present in UK) ... and you might have breached the rules .....

[galatie]

I don't think that's true.

On a student visa, you can work 20 hours during term time and holidays, and after that, you can engage in full time work during your visa ends, from what I have been told.

Can anyone confirm?

[pkumar]

Currently it is 10 hours per week for student (since april).
you are correct ... if you are claiming only for 10hr / 20hr per week then you will be fine.

[geriatrix]

Since I am an American citizen, I do not need a visa to work there.

Yes, you may need one!

You will normally need a visa (and a Certificate of Sponsorship) to come to the United Kingdom to work.
However, if you are coming to the United Kingdom as a work permit holder for 6 months or less, or as a Temporary Worker in the Creative and Sporting Category of PBS Tier 5 for less than 3 months, you will not require a visa.

regards

[geriatrix]

See also Can you work while you are a Tier 4 (General) student?

The work you do must not fill a full-time permanent vacancy (other than on a recognised Foundation Programme), and you must not be self-employed, employed as a doctor in training (except on a recognised Foundation Programme) or as a professional sportsperson (including coach) or entertainer.
You can work full-time during vacation periods, within the above limits. If you have completed your course and you make an application to remain in the UK under the points-based system before your existing permission to stay expires, you can work full-time (within the above limits) until your application is decided.

Therefore, full-time employment in the UK, after you have completed your course, is subject to you applying for leave to remain in the UK under the PBS system (e.g.- Tier1 PSW).


regards

[hsmp1412]

Since I am an American citizen, I do not need a visa to work there.

Yes, you may need one!

regards

I think what the OP meant was that since he/she is an American citizen, he/she can work in America which is true!

[geriatrix]

Oops! I missed the "t"! Apologies!!

This said, OP will still need to ensure that he is not in breach of immigration rules - full-time training / orientation in the UK on a student visa for a job based in the US.


regards

[galatie]

Yes, I meant that being American, I do not need a visa to work back in the States.

Thank you very much for clearing up the issue with my training in the UK and the allowed time to work on a student visa - I will talk to my employer about trying to get the training done in the States, I don't want to take any chances of breaching any laws!

Thanks again!