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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have been working in the UK better part of 6 years

Customer Question

I have been working in the UK for the better part of 6 years now with a Consultant Firm which has headquarters in Dublin and NYC. I recently (Jan. 2015) entered through Edinburgh and was told I have to the end of June before I have to come back with a Work Visa, or as in my case, an Irish Passport for which I am eligable am finding the passport application process very difficult so I am looking to get a Work Visa for the UK. I am an associate of the Consultant Firm, not a direct employee so I am an Independent Contractor. What can I do and how much would it cost to have some one represent my case to get this resolved?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
Do you mean that for the last few years you have been entering on a visit visa and working in the uk?
Kind regards
Tom
Customer: replied 2 years ago.

I have had no Visa for the UK. Had Visa's supplied for me by the Swiss and German's customers when worked in those countries in the late 90's and early 2000's.

Customer: replied 2 years ago.

Tom,

I am not sure if you received my reply. I have not had a visa. I have been allowed entry has a consultant on a project for usually an agreed period of time. I have also a unique set of skills that are specialized around Vision Consulting's Commitment Based Management Methodology. I have been in this field for 30 years now and am recognized by my peers and associates as one of the top 10 consultants in the world today.

I have been challenged in the past but never been told to get a Visa as I was this last time. I am not sure why this happened but I need to address it since I have another year of work on our current contract.

Thanks,

Luke

Expert:  Thomas replied 2 years ago.
Hi Luke,
Thanks for your reply.
Before I answer, could you please tell me what nationality you are?
Kind regards,
Tom
Customer: replied 2 years ago.

US

Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
The rights of a US citizen to enter the UK without applying for a visa only extend to entering for recretional visit only (ie. holidays). They do not permit entrants to carry out work related tasks in the UK.
Unwittingly, I'm afraid that when you have entered in this way and worked in the UK you have been doing so in breach of the conditions of your entry. You will have to keep quiet about this in any future visa application you make because it would afford the home office a right to refuse your visa application on this basis. You need to make sure that any evidence you submit in your applicaiton does not give away your previous periods of working in the UK.
So, if you now wish to come to the UK to carry out work related tasks for a short period of time and then return to your country of residence then the most appropriate form of visa would appear to be a Business Visit visa:
https://www.gov.uk/business-visitor-visa/overview
https://www.gov.uk/business-visitor-visa/eligibility
You will see on the above link that there are a number of capacities in which such people can come in the second set of bullet points on the link. Provided you can argue that you should be regarded as coming in one of those capacities then you should apply for this type of visa.
You can apply for this visa on either 6 months, 1 year, 2 year, 5 year or 10 year basis. Whichever lenght of visa you get you can enter/leave as many times as you like within the visa period provided that you do not stay in the UK more than 6 months in any 12 month period.
If you were to instruct a UK based immigration solicitor to prepare the application on your behalf then there fees would be around £500-600 + VAT and a visa application fee is payable to home office of the relevant amount listed in the section titled "fees" on the overview link above)
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Tom,

Don't you have legal services in your organization? If not, who do you recommend in the Perth, UK area?

Luke

Expert:  Thomas replied 2 years ago.
Luke,
I am a practicing solicitor in private practice.
I would instruct a UK based solicitor to act on your behalf (you can do this despite being outside the UK). I would instruct one in the approximate area to where you are most likely to enter the UK the next time you come here.
Kind regards,
Tom
Customer: replied 2 years ago.

Tom,

Please do. I can be reached at: 0788 0490 821

Expert:  Thomas replied 2 years ago.
Luke,
You misunderstand. I cannot contact you privately.
You need to arrange instructing the solicitor yourself.
Tom