Overstayer - can I do voluntary work experience?

[kaeliathane]

I posted before about accidentally overstaying my previous visa by a few days, before sending in my new application.

While waiting, an opportunity has come up for me to take a two week voluntary work experience position. It would be unpaid, except that they would reimburse me for travel expenses. Since I'm currently an overstayer, would this be a problem for either me or company with whom I would volunteer? I know I'm already in trouble for being here, but I don't want to make it worse, or rope the company into any problems.

[pennylessinindia]

I posted before about accidentally overstaying my previous visa by a few days, before sending in my new application.

.

If you are "accidentally" overstaying why are you now not "accidentally" leaving rather than working

[kaeliathane]

Because, as stated above, I've sent in an application for a new visa. I can hardly leave without my passport.

I'm not working, I'm unemployed.

My overstay was a simple, but stupid mistake, in which I screwed up the dates of my previous visa's expiry and ended up sending in my new application a few days late. It was a genuine accident, not an "accident."

[sunmoon]

I posted before about accidentally overstaying my previous visa by a few days, before sending in my new application.

.

If you are "accidentally" overstaying why are you now not "accidentally" leaving rather than working

We should read carefully before comment on others post, don't we ?

[geriatrix]

IMHO, there shouldn't be any problem in working as a "volunteer" - provided there is no financial transaction for service/work undertaken (voluntary, right?) and the individual / organisation that you wish to volunteer for has no objection to you volunteering for him/them despite having no legal basis to live/remain in the UK.

If you are looking for a "legal document" that specifies so, I am afraid there may be none.


regards

[Greenie]

There is a distinction between voluntary work and unpaid employment.

The latter is not permitted if the person is not allowed to work in the UK, for example because of the conditions in the visa (e.g. a visitor) or because they have overstayed.

Unfortunately the distinction is not clearly defined in law.

See Guidance for Employers on Preventing Illegal working

Whether what you are doing amounts to volunteering or unpaid employment depends on various things, including the type of organisation you are going to be volunteering for, the type of activity you will be undertaking, whether there are any contractual obligations between you and the employer etc.

Your employer should be aware of this document and should seek legal advice on whether they would be breaking the law in offering you voluntary work.

[shahzad80]

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