Fiancee visa

[ajay1000]

My partner has been granted a 6 month visa (in which time we intend to get married) she is not permitted to work on this visa but does this include doing any sort of voluntary work ?

[John]

Have a read of :-

Q52. Can I be prosecuted under section 8 if I am found to be providing voluntary work to someone without permission to work in the UK?

A. Section 8 of the Asylum and Immigration Act 1996 makes it a criminal offence to employ an individual who has no permission to work in the United Kingdom, or where their conditions of stay do not entitle them to take the employment in question.

For the purposes of section 8, a contract of employment can be a contract of service or apprenticeship, whether express or implied. If the contract is expressed this can be either orally or in writing.

Immigration Rules prevent certain categories of entrant from engaging in voluntary work or voluntary activity, such as visitors and au pairs. However, the legal distinction between an employee and a volunteer can be quite complex and there are huge differences between the types of voluntary work or voluntary activity that people can be engaged in. We would not wish to give advice which might lay voluntary organisations open to prosecution for employing people illegally. We would therefore strongly recommend that organisations seek independent legal advice for their specific volunteering activity.

In terms of liability for prosecution under section 8, it is the contract of employment that is the determining factor for whether a person is employed or not. Where there is no contract of employment between the parties concerned, the Immigration Service would not seek to prosecute organisations where voluntary activity is taking place. However persons subject to immigration control should comply with their conditions of entry, including any prohibition on voluntary activity.

That quote is from this webpage

The very last sentence confirms that no voluntary work should be done, but earlier it makes it clear that in the absence of a Contract of Employment, a voluntary organisation will not be prosecuted for using the services of someone not able to work.

[ajay1000]

Thanks John.....that answers my question.