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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Business Visitor Visa Appliacation Rejected...Is it needed?

Resolved Question:

I'm a U.S. citizen with a full-time job (12+ years with the same company) in the U.S. I would like to spend a few months in the UK, working in the offices of our UK division, which is entirely separate from the US company. I would only be working for the US company and would remain on the U.S. payroll. Thinking I should apply for a business visitor visa, I was turned down twice (the first time for not having proper documentation). In the second "Refusal of Entry Clearance letter, the Clearance Entry office stated, "Whilst I acknowledge you will continue to be paid by your US employer, I am not satisfied the activities you propose to undertake are permissible as a business visitor. An individual undertaking production work which could be undertaken by someone recruited from the local labour force or by an EEA national may not be considered a business visitor. They should be considered under the points-based system (PBS): In view of the above, I am not satisfied that you meet the requirements of paragraph 46G (iii) of the United Kingdom Immigration Rules. I have therefore refused your application because I am not satisfied, on the balance of probabilities that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.” Because I was not interviewed, I could not explain that the work I do (acquisitions editor for an academic publisher) is not something another editor would be able to do for me (I work in a different scholarly disciplines than my UK counterparts).


I am not seeking employment in the UK or taking work from a UK individual. I simply want to spend a few months in London (as well as go on holiday in Europe later in the summer), but need to maintain my income from the US while visiting the UK for that length of time.


My passport was stamped twice after each application attempt. So, the questions are: Can I still travel to the UK and explain my situation upon arrival? Will there be any negative repercussions if I do so? Did I even need a business visitor visa and do I still need it to work in the UK for the brief period I have in mind? Will my stamped passport flag me in a way that will jeopardize my visiting the UK (or any other countries in Europe)?

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I would not advise you to travel to the UK without a proper entry clearance as you have been refused twice and if you try to enter the UK visa free, you will very likely be sent back to the US at the UK border without being allowed entry into the UK.

Whether or not you are undertaking paid or unpaid work in the UK, you require a visa under the points based scheme and in your case, a Tier 2 (Intra Company Transfer) visa is what you need to apply for:

https://www.gov.uk/tier-2-intracompany-transfer-worker-visa/overview

The UK visa refusals will not lead to automatic refusal for you in other EU countries.

Hope this helps
Customer: replied 2 years ago.

None of the tier 2 roles applies to me (though technically, no one on the UK office can handle my specific tasks). I don't need to work in the UK office and they don't need me to either. I wanted to visit the UK for longer than a couple of weeks, which meant that I had to continue working. I didn't need to work in the UK office, and could have conducted all of my business via email. However, it was simply more convenient to work in the London office. While I have letters from both the US office and our UK counterpart explaining my plans, neither side would sponsor me, because this request was initiated by me, based on my desire to spend more time in the UK (but not more than 6 months). It's too late for this year, but I'd like to try again next year. Can I write to the British consulate and explain more clearly the situation? Or if it's not possible to pursue working in the UK (on the US payroll), what are my options in the future to simply go on my usual two week visits?

Expert:  UKSolicitorJA replied 2 years ago.
Yes, the 2 weekly visits seem to be the advisable option, but as you have been turned down for a UK visa in the past, I would advise you to apply for a visa/entry clearance as a visitor first before you travel to the UK.

Hope this helps and please leave feedback

UKSolicitorJA, Solicitor
Category: Immigration Law
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Experience: English solicitor with over 12 years experience
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