How long can I stay/work without a visa

Hi all,

So I am a US citizen.  With the visa waiver program I can spend up to 6 months in the UK as I understand it, without a visa.

I am considering adapting my life in two possible ways:
1) Spend 3 months in the UK a year working remotely for a US company (of which one month is vacation).
2) Spend 6 months in the UK a year working remotely for a US company (of which one month is vacation).

What would I have to do here? Would I need a work visa for both options? A tourism visa, since I'm not working for a UK company? Would (1) necessitate becoming a UK tax resident?

I could probably get a Global Talent Visa, but this seems like overkill for (1) and maybe Eve (2), and there may be some fine print about requiring a significant amount of presence to maintain it(?).

It's a bit tricky to find information on this “not quite a holiday”/“not quite resident” hybrid US/UK living.

To be clear, I don't want to do anything illegal even if I could probably get away with it (such as working from a UK residence remotely if I would technically need a work visa to do so).

Any advice/thoughts would be appreciated.

Thanks!

Hi and welcome to the Forum.

The reason why it's a "bit tricky" is that it doesn't exist as you appear to understand it.

The UK in general offers either a work visa or a visitors visa.  If you want to work for a UK company, then you need one of the UK work visas; this link will take you to the UK Gov website that lists all of them.

The global talent visa you refer to is one of the UK work visas.  A Global Talent visa has certain criteria; this link will take you to the UK Government website with the details of how to apply. 

You should note that all work visas expire after 5 years and they are political in nature; my point is that they may not exist in the future (the next Government may not like them) and there is no constitutional law to ensure they continue for existing users, they exist at the whim of a political system.

On a visitors visa, you can work for up to 6 months in a 12 month period on behalf of your current employer (so represent/work for your employer, attend meetings, training etc); after 6 months you would have to leave.  You would need to consider things like Healthcare; whether you are liable for UK income and social taxes; whether you could open a UK bank account etc.

Hope this helps.

Cynic
Expat Team

Hi Cynic.  Thanks for the reply and welcome!

Cynic wrote:

The UK in general offers either a work visa or a visitors visa.  If you want to work for a UK company, then you need one of the UK work visas; this link will take you to the UK Gov website that lists all of them.


So, here's where I think my situation is different: I don't want to work for a UK company.  I will continue working for my US based company.

Cynic wrote:

On a visitors visa, you can work for up to 6 months in a 12 month period on behalf of your current employer (so represent/work for your employer, attend meetings, training etc); after 6 months you would have to leave.  You would need to consider things like Healthcare; whether you are liable for UK income and social taxes; whether you could open a UK bank account etc.


Is a visitors visa necessary for a US citizen though, due to the Visa Waiver Program?

After I fill in the gov.uk eligibility questionnaire, I get a page which says:

You do not need a visa for some business and academic activities, but you must get a visa if you plan to work in the UK


So, I would think - well, that's settled then, I need a visa.  But further down the page is clarifies this:

If you're visiting for certain business or academic activities
You can come to the UK as a Standard Visitor for up to 6 months without a visa, but you can only do certain business or academic activities, for example go to a conference or a meeting.

You cannot:

1) do paid or unpaid work for a UK company or as a self-employed person
2) do a work placement or internship
3) sell directly to the public or provide goods and services


So, for (1) I am not working for a UK company, and they are very specific here about it being a UK company.  I am not self-employed.  I am certainly not doing (2) or (3) either.

So, these two quotes seem conflicting to me.  I would think the key concern, and motivation for visa restrictions to prevent foreigners from taking away jobs from UK residents (unless authorized via a visa for the purpose of scarce skills or family/heritage).  I wouldn't be taking away anybody's job - just potentially injecting cash into the economy, and paying various taxes.

It all seems open to interpretation, unfortunately it's not my interpretation that matter. :-)

senvie wrote:

Hi Cynic.  Thanks for the reply and welcome!

Cynic wrote:

The UK in general offers either a work visa or a visitors visa.  If you want to work for a UK company, then you need one of the UK work visas; this link will take you to the UK Gov website that lists all of them.


So, here's where I think my situation is different: I don't want to work for a UK company.  I will continue working for my US based company.


Then you can stay for 6 months, after which you have to leave.  That's really the end of it; it's not open to interpretation, it's quite clear.

@senvie I did the exact thing you are proposing, so it can be done. But it's not quite simple, and there are some things to consider.

First off, when you arrive, you will need to convince the border agent that you are not trying to move to the UK, or that you are coming to look for work. We were grilled for about an hour upon arrival. If they suspect you plan to over-stay, or that you are coming over trying to look for a job, they will prevent you from entering. They have that right, and there's no appeal process. You should have your return flight booked, and present them with that, as well as something from your employer stating that they are ok with you working abroad, and that the employer is not trying to do business in the UK.

The border agent will also check to see that you have enough funds to support yourself, so that you don't require any public assistance. I had to show 3 months of bank statements to the border guard.

Once you're in, one thing to be aware of is healthcare. You can use certain parts of the NHS without being charged, such as A&E (emergency room), and even seeing a GP. But anything beyond that will be charged out of pocket. I would highly recommend that you get travel health insurance to cover the entire trip, and have that ready to show the border guard as well.

The final piece is finding a place to stay. We found it quite difficult to find a flat that would rent to us as non-residents, but we did in the end. But we had very few choices. You might be able to find a long-term AirBnB. Regardless, you will want to have that lined up before you come over (the border agent will ask for that as well).

Last I checked, once you've been in the country for 6 months, you have to leave for a year, so the 6 months on 6 months off plan won't work. But you'll want to double-check that.

All of that said, if you're willing to take the risks, once you get into the country you should be all set, and it's definitely worth it. The UK is a lovely place to live.

@senvie I did the exact thing you are proposing, so it can be done. But it's not quite simple, and there are some things to consider.

First off, when you arrive, you will need to convince the border agent that you are not trying ... - @ricksharp7

Interesting tale.  I should point out that if you are caught doing what Ricksharp7 did, you will be deported and barred from re-entry into the UK.

@ricksharp7


Once you're in, one thing to be aware of is healthcare. You can use certain parts of the NHS without being charged, such as A&E (emergency room), and even seeing a GP. But anything beyond that will be charged out of pocket. I would highly recommend that you get travel health insurance to cover the entire trip, and have that ready to show the border guard as well.


Are you sure? You really should get travel insurance! 

 

@ricksharp7


Once you're in, one thing to be aware of is healthcare. You can use certain parts of the NHS without being charged, such as A&E (emergency room), and even seeing a GP ... - @SimCityAT

 Probably a misunderstanding.  Speaking as a non-entitled person.  If anybody turns up at an NHS (A&E) emergency room, they will be seen and given immediate 1st aid, it is not free.  If the outcome of your visit is further treatment, you absolutely will need recognised  medical insurance or be prepared to pay up front.  GP services, you won't be seen, you'll be directed to what they call NHS111 (link) who will offer advice and you will pay for the treatment.  You should also be aware that all medication has to be paid for.

Even those who live here on work permits have to pay up front for access to the NHS, currently £624 p/year.

@Cynic and can you work in freelance just with a visitor visa ? 

@Cynic and can you work in freelance just with a visitor visa ? 

- @mathieuternant
 The "working while on a visitor visa" is aimed at those who work for a non-UK based company and are visiting the UK on that companies business, for example, to attend a meeting, to visit a customer, attend a training event.  It does not cover that same person setting themselves up in a (for example) Airbnb and then working online, effectively living and working in the UK.

@senvie I did the exact thing you are proposing, so it can be done. But it's not quite simple, and there are some things to consider.

First off, when you arrive, you will need to convince the border agent that you are not trying ... - @ricksharp7

Interesting tale.  I should point out that if you are caught doing what Ricksharp7 did, you will be deported and barred from re-entry into the UK.
- @Cynic
Why? What is wrong with what @ricksharp7 did?

@senvie I did the exact thing you are proposing, so it can be done. But it's not quite simple, and there are some things to consider.

First off, when you arrive, you will need to convince the border agent that you are not trying ... - @ricksharp7

Interesting tale.  I should point out that if you are caught doing what Ricksharp7 did, you will be deported and barred from re-entry into the UK.
- @Cynic
Why? What is wrong with what @ricksharp7 did? - @senvie
Read the post above yours.