Can I work without a vsa? Please help

ozbrit · Post by **ozbrit** » Sat Feb 06, 2010 12:08 am

I am Australian, my job is in France. My UK unmarried partner visa has been refused.

I would be employed by a UK company and be getting paid in pounds into an English bank account. Provided I can work in France and abide by their working laws, can I continue to work for the UK company as I am not actually in the UK? One of the reasons they refused me was because I didn't spend enough time in the UK... So if they aren't accepting that I work for a UK company I am thinking I can continue to work for them.

Can anybody help? I can't find the answer to this question and I really want to get back to my job. I am currently in Australia trying to sort this.

Mr Rusty · Post by **Mr Rusty** » Sat Feb 06, 2010 3:36 am

ozbrit wrote:I am Australian, my job is in France. .....
Provided I can work in France and abide by their working laws, can I continue to work for the UK company as I am not actually in the UK?

Yes. The offence under S24 of the Immigration Act 1971 concerns failure to observe conditions of entry or leave to remain in the UK. If you haven't entered the UK you can't be working in breach of your conditions of entry.

ozbrit · Post by **ozbrit** » Sat Feb 06, 2010 5:27 am

REALLY????????? This is such good news!!

And would there be a problem of me going to the UK for a holiday, as long as I am not working in the UK?

If there is any link I could research this on please let me know.

Thankyou so much for your help.[/b]

Mr Rusty · Post by **Mr Rusty** » Sat Feb 06, 2010 6:22 am

Do you have a French work permit?

I do recall one of the first passengers whom I refused entry very many years ago at Heathrow was an Oz with umpteen visit stamps in his passport. He was working for a UK tour company, picked up coachloads of passengers at Dover and drove them round Europe for 2 weeks, none of which he told me before I'd searched his bags and interviewed him further. He then claimed that he was entitled to entry as a visitor in transit because he wasn't staying in the UK, but we didn't buy that.

I hope you're not in that sort of situation. If you have a Schengen visa in your passport permitting work in France, a British IO is unlikely to ask you many questions if you seek entry for a holiday, even if there is a visa refusal against your name.

ozbrit · Post by **ozbrit** » Sat Feb 06, 2010 6:31 am

I don't have a work permit yet, but my boyfriend and I are thinking of marrying in the next week or two so then we can go over there (France) and then become residents there. Hopefully.

ozbrit · Post by **ozbrit** » Sat Feb 06, 2010 6:35 am

Sorry, what do you mean by a Schengen visa permitting me to work in France? I thought I couldn't work on this visa type.

Mr Rusty · Post by **Mr Rusty** » Sat Feb 06, 2010 6:43 am

ozbrit wrote:I don't have a work permit yet, but my boyfriend and I are thinking of marrying in the next week or two so then we can go over there (France) and then become residents there. Hopefully.

"Hopefully" - hmm.
Presumably your boyfriend is a UK citizen, and you both will apply for visas under the EEA regulations. Once you've sorted that out, there shouldn't be a big problem about occasional visits to the UK. I hope the French authorities don't take the view that having been refused a UK Entry Clearance as an unmarried partner, you have contracted a "marriage of convenience" to gain entry to Europe, which is really the only reason an EEA application could be refused.

ozbrit · Post by **ozbrit** » Sat Feb 06, 2010 6:47 am

I hope that too. But we have been together nearly five years and can proove that if needed. Thankyou very much for your help. It's made a HUGE difference to our stress levels!!!!

Mr Rusty · Post by **Mr Rusty** » Sat Feb 06, 2010 6:48 am

ozbrit wrote:Sorry, what do you mean by a Schengen visa permitting me to work in France? I thought I couldn't work on this visa type.

Whoops, sorry, I think you're right.

ozbrit · Post by **ozbrit** » Sat Feb 06, 2010 6:52 am

haha that's ok. So the plan is to arrive as his wife (yes he is British, sorry) and then get the residency in France. And I will legally be able to work for the UK company because it is not in the UK. Sounds a bit too good to be true for me, after all this time and money trying to sort out my visas!!!!!

Mr Rusty · Post by **Mr Rusty** » Sat Feb 06, 2010 7:18 am

Well at least the EEA permits should be free of charge.
If you are paid in the UK, and your company is deducting PAYE tax and National Insurance contributions on your behalf, others might take the view that you are in effect working in the UK, but once your passport establishes you as a French resident, I don't think you'll have much problem entering the UK for brief visits.

ozbrit · Post by **ozbrit** » Sat Feb 06, 2010 7:41 am

Thankyou so, so much for your help. I have been trying to figure this out and have not been able to find the answer. I am extremely grateful.

kindley · Post by **kindley** » Sat Feb 06, 2010 9:01 am

Hello Mr Rusty, please can i ask you a general question. I'm sending it to you by PM?

Mr Rusty wrote:Do you have a French work permit?
O

I do recall one of the first passengers whom I refused entry very many years ago at Heathrow was an Oz with umpteen visit stamps in his passport. He was working for a UK tour company, picked up coachloads of passengers at Dover and drove them round Europe for 2 weeks, none of which he told me before I'd searched his bags and interviewed him further. He then claimed that he was entitled to entry as a visitor in transit because he wasn't staying in the UK, but we didn't buy that.

I hope you're not in that sort of situation. If you have a Schengen visa in your passport permitting work in France, a British IO is unlikely to ask you many questions if you seek entry for a holiday, even if there is a visa refusal against your name.

kindley · Post by **kindley** » Sat Feb 06, 2010 9:03 am

Hello Mr Rusty, please can i ask you a general question. I'm sending it to you by PM?

Mr Rusty wrote:Do you have a French work permit?
O

I do recall one of the first passengers whom I refused entry very many years ago at Heathrow was an Oz with umpteen visit stamps in his passport. He was working for a UK tour company, picked up coachloads of passengers at Dover and drove them round Europe for 2 weeks, none of which he told me before I'd searched his bags and interviewed him further. He then claimed that he was entitled to entry as a visitor in transit because he wasn't staying in the UK, but we didn't buy that.

I hope you're not in that sort of situation. If you have a Schengen visa in your passport permitting work in France, a British IO is unlikely to ask you many questions if you seek entry for a holiday, even if there is a visa refusal against your name.

kindley · Post by **kindley** » Sat Feb 06, 2010 9:03 am

Hello Mr Rusty, please can i ask you a general question. I'm sending it to you by PM?

Mr Rusty wrote:Do you have a French work permit?
O

I do recall one of the first passengers whom I refused entry very many years ago at Heathrow was an Oz with umpteen visit stamps in his passport. He was working for a UK tour company, picked up coachloads of passengers at Dover and drove them round Europe for 2 weeks, none of which he told me before I'd searched his bags and interviewed him further. He then claimed that he was entitled to entry as a visitor in transit because he wasn't staying in the UK, but we didn't buy that.

I hope you're not in that sort of situation. If you have a Schengen visa in your passport permitting work in France, a British IO is unlikely to ask you many questions if you seek entry for a holiday, even if there is a visa refusal against your name.

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Can I work without a vsa? Please help

Can I work without a vsa? Please help

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