Freelance Work

[Obie]

I am saying 100% that it is okay.

Your wife is not taking any employment in the UK.

It is clear she will be prohibited from doing that.

[roger64]

Then why do so many people (nearly everyone) say it's 100% not ok?

[Obie]

You asked what I think , and I told you my views based on the law. You cannot expect me to explain why the views of others differs from mine. That is their view.

[Wanderer]

41.

(iii)does not intend to take employment in the United Kingdom; and

(iv)does not intend to produce goods or provide services
within the United Kingdom,including the selling of goods or services direct to members of the public; and

The above will inform the decision below.

Section D-ECP: Decision on application for entry clearance as a partner
D-ECP.1.1. If the applicant meets the requirements for entry clearance as a partner the
applicant will be granted entry clearance for an initial period not exceeding 33 months, and
subject to a condition of no recourse to public funds; or, where the applicant is a fiancé(e) or
proposed civil partner, the applicant will be granted entry clearance for a period not exceeding 6
months, and subject to a condition of no recourse to public funds and a prohibition on
employment.

I am of the view that there is no grey area.

Do we (sort of!) agree? There is no real grey area, in this case the OP (or proxy) cannot work or provide any business services whilst on a Fiancee visa?

Be nice if if we could a agree on at least one thing lol!

[Obie]

Well i must say about 4 contributor share the same view, only one has a dissenting view, and giving your track recording on the forum over the years Wanderer, i may be inclined not to give much weight to it, but then again we live in a democratic state.

OP you can choose to go with the Majority, or you can go with Wanderer, i think the call is entirely yours.

In my experience i have never seen an Immigration officer, raiding an individual computer to see if they have been working overseas.

Thousands of tourist or business people who come to the UK or on a business trip, will find themselves foul of the law.

[Wanderer]

Well i must say about 4 contributor share the same view, only one has a dissenting view, and giving your track recording on the forum over the years Wanderer, i may be inclined not to give much weight to it, but then again we live in a democratic state.

OP you can choose to go with the Majority, or you can go with Wanderer, i think the call is entirely yours.

In my experience i have never seen an Immigration officer, raiding an individual computer to see if they have been working overseas.

MPH80 agrees with me, as you seem to with the quotes you gave, I don't understand why you digress, anyway...

{removed this bit}


Work of any sort is not permitted on a fiancee visa. Full stop.

[Obie]

I don't understand how a person who works for a US company, undertakes a work for a US company, can be classified as having taken employment in the UK, simply because she happens to be physically present in the UK.

I am a proud Guardian Reader, as mentioned in you previous edited. I also read mail and Telegraph and the express, notwithstanding the fact that i don't accept their views.

[Wanderer]

I am saying 100% that it is okay.

Your wife is not taking any employment in the UK.

It is clear she will be prohibited from doing that.

You've not even read the question properly Obie so how can what you say be taken seriously? Please repost when you have, read the thread fully.

No one is married, this is about a fiancé(e) not a wife, the OP is talking about a third person not himself (though it could be him by proxy).

The slothful cognition around here is appalling. Please reread and do try and learn.

[Wanderer]

I don't understand how a person who works for a US company, undertakes a work for a US company, can be classified as having taken employment in the UK, simply because she happens to be physically present in the UK.

I am a proud Guardian Reader, as mentioned in you previous edited. I also read mail and Telegraph and the express, notwithstanding the fact that i don't accept their views.

Again, slothful cognition, do keep up, where is employment mentioned? OP (or proxy by dint) is freelance, i.e. self-employed, i.e. a business. And doing so on a Fiancé visa which is expressly forbidden.

Really!

[Wanderer]

Anyway, I'm not after a fight, I'll bow out of this now, I'll watch it but not respond.

Night all.....

[Obie]

Well Wanderer I am not up for a fight either.

In regards to MHP80 that you mentioned, i will simply provide the link below.

Whether i say wife or fiance, or Girlfriend, is immaterial.

The question is whether an offshore employment will be considered as having taken up employment in the UK.

https://www.gov.uk/government/publicati ... s-wrk24--2

[MPH80]

Wrong sort of offshore resource Obie. That's all oil-rig off-shore.

I mean "Offshore" as in - employing a load of people in another country where it's cheaper to do the same work rather than employing them in the UK.

Anyway - my argument is simply this - you can't argue you aren't working in the UK - you are working. You might not be working for a UK company or producing this for UK consumers (as per my offshore resources who aren't working for a company in their own country, nor producing things for their own country's consumers - the two arguments advanced here) - but they are working. Even though it's free - you are working. The fact it's for an someone in another country is neither here nor there.

It's also the reason we have a distinction between a visitor visa (tourist) and a business visitor visa. If you came on a tourist visa and conducted business (e.g. working) you'd be breaking the terms of your visa.

The fact you probably won't get caught is the real nub of this.

[Wanderer]

Well Wanderer I am not up for a fight either.

In regards to MHP80 that you mentioned, i will simply provide the link below.

Whether i say wife or fiance, or Girlfriend, is immaterial.

The question is whether an offshore employment will be considered as having taken up employment in the UK.

https://www.gov.uk/government/publicati ... s-wrk24--2

Ok, my sabbatical didn't last long!

Offshore in this case means employing/engaging people remotely for work, not the UKVI meaning of 'offshore' which means offshore workers i.e. those working in oil or gas platforms within UK territorial waters.

Colloquially 'offshore' means those traditionally UK based resources now relocated to (usually) the Asian sub-contintent, or more often now, China or Indonesia. It's a term of reference.

MPH80 referred to such as above.

Irrespective of the morals/value/reasoning for the above, it's not the case for the OP/OP Proxy.....

[MPH80]

Irrespective of the morals/value/reasoning for the above, it's not the case for the OP/OP Proxy.....

True - I was trying to use it as an analogy. I just confused the situation more.

[Wanderer]

Irrespective of the morals/value/reasoning for the above, it's not the case for the OP/OP Proxy.....

True - I was trying to use it as an analogy. I just confused the situation more.

I know, I compiled my response during your reply, thread got mixed up a bit...

I agree, Offshoring per UKVI doc is not offshoring in the pure business sense of the word which is more common. Shows how out of touch UKVI is with the real world.

[Rayking]

To the OP,there's no proof anyone (home office) can use against you whatsoever that you're working in UK.
If I were you,I won't even bother, I don't believe you need to close down your business activities in another country because you're living in UK and this issue isn't even close to that.
I'm sure wanderer won't close his business down either. There are so many people living here and have got business in another country and I've not heard of anyone being denied for having a source of income from another country and classified as working in UK.

[ElenaL]

Hi all!
I am in the same situation described above.
I was in UK on student visitors visa (English Language course) until October 2014.
While studying in UK, I was working for my employer distantly (doing consulting service for clients based in my home country). The employer stated in his cover letter to previous visa application that he approved my study, reimburse some expenses and allow me to work distantly using internet.
I never been employed in UK, my salary goes to my account outside UK, I did not sell products or service in UK etc.
I returned home before my visa expired 1 year ago.
I applied for new visitor's visa (business visit for conference and business meetings) recently (October 2015) BUT IT WAS REFUSED only on the basis of "concern" that I was working in UK in my previous visit in breach of visa conditions!
Entry clearance officer refer to paragraph 56K of Immigration rules but it is not officially listed as the reason for refusal (there is only paragraph V4.2 (A, C, E)).

Moreover, I have no right of appeal or administrative review (((
Will take any help or advice how to deal with this situation.