Hi gramercy,
"Would the fact of her irregular US residency affect her ability to
get the necessary UK visa?
I.e. does anyone know whether, as part of the visa interview process,
the question of her current US residency status would get raised?"
Briefly, the answer to your question is "yes" and the repercussions
may not only affect the nanny but your friend as well. The worse that
could happen to the nanny is that she would be deported back to
Argentina (at her expense) and then be unable to return to the United
States for three to ten years (depending on how long she has been
out-of-status). However, that would not be the end to your friend's
troubles because he is also breaking the law by employing an illegal
alien.
>>> USA CONCERNS
NANNY
"Should an alien traveling to the U.S. - either under the Visa Waiver
Program or with a visa - work as an au pair in the U.S. at any time
before or after the expiration of the allowed period of stay, he or
she will have violated U.S. work authorization laws. As with the case
of an overstay, the DHS is authorized to deport any alien who is
working in the United States without proper authorization. Moreover,
should the alien work without authorization during his or her allowed
period in the U.S., voluntarily leave the country, then seek to
re-enter the U.S. at a later date, the DHS may not readmit the alien
into the U.S.; the alien may be sent back - at his or her own expense
- to the country from which the alien traveled to the U.S."
http://storm.prohosting.com/judytop/Visa.htm
YOUR FRIEND
Penalties Suffered by Those Employing an Illegal Au Pair:
"It is unlawful for a person or other entity to knowingly hire for
employment in the United States an alien au pair that has not received
work authorization. Any person found by the DHS to have knowingly
hired an illegal au pair may face civil penalties of up to $2000 for a
first offense, with escalating fines up to $10,000 for subsequent
offenses. Any person convicted of engaging in a pattern or practice of
hiring unauthorized au pairs shall also face criminal penalties
including fines of up to $3,000 for each illegal au pair that the
person employed and imprisonment for up to six months."
http://www.usemb.se/consulate/aupair.html
>>> UK CONCERNS
1) REQUIREMENTS
In order for the nanny to obtain entry into the UK, she will need a
valid UK Entry Clearance (see vii).
Section 2
DOMESTIC WORKERS IN PRIVATE HOUSEHOLDS
Requirements for leave to enter as a domestic worker in a private household
159A. The requirements to be met by a person seeking leave to enter
the United Kingdom as a domestic worker in a private household are
that he:
(i) is aged 18-65 inclusive;
(ii) has been employed as a domestic worker for one year or more
immediately prior to application for entry clearance under the same
roof as his employer or in a household that the employer uses for
himself on a regular basis and where there is evidence that there is a
connection between employer and employee;
(iii) that he intends to travel to the United Kingdom in the company
of his employer, his employer's spouse or his employer's minor child;
(iv) intends to work full time as a domestic worker under the same
roof as his employer or in a household that the employer uses for
himself on a regular basis and where there is evidence that there is a
connection between employer and employee;
(v) does not intend to take employment except within the terms of this
paragraph; and
(vi) can maintain and accommodate himself adequately without recourse
to public funds; and
(vii) holds a valid United Kingdom entry clearance for entry in this capacity.
http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/immigration_rules/part_5/section_2.html
2) VALID UK ENTRY CLEARANCE
To obtain a valid UK entry clearance, she will have to apply at a
British Embassy or Consulate in the country of her residence (USA).
This involves filing Form VAF1.
(vii) VALID UK ENTRY CLEARANCE
UK Entry clearance for work permit holders.
If you wish to enter the UK as on a work permit for more than six
months, you MUST apply for entry clearance. You only don't require
entry clearance if you are a non-visa national and will be working in
the UK for less than six months. Most every work permit holder will
need to obtain a visa before travelling and should apply for entry
clearance at a British Embassy or Consulate in your country of
nationality or usual residence:
In order to make an entry clearance application at a British Embassy
or Consulate, you will need to present.
* Form VAF1 - download from the UK government website.
* 2 recent photographs (passport photo size).
* The relevant fee.
* Your original work permit.
* Your Passport (which should be valid for at least 6 months from
the planned date of entry)
* A letter from your employer confirming your appointment.
* A medical certificate.
http://www.workpermit.com/uk/entry_clearance.htm#
3) PRESENT JOB / TRANSIT
On form FAF1 she will be asked about her present job (section 6)
She will also be asked about where she will be going when her job is
completed in the UK (section 8).
FORM VAF1: Visa Application:
SECTION 6 . YOUR FINANCES AND EMPLOYMENT DETAILS
6.1 What is your present job? 6.2 When did you start this job?
6.3 What is your work address?
6.4 Your employer.s telephone number 6.5 Your employer.s fax number
6.6 Your employer.s e-mail address
SECTION 8 - TRANSIT
8.1 Which country are you travelling to after the UK?
_______________________________
http://www.fco.gov.uk/Files/KFile/VAF1%20October%202004,1.pdf
15. (PARAGRAPH 320(13) - LACK OF RETURNABILITY (OR UNACCEPTABLE
ELSEWHERE AFTER A STAY IN THE UNITED KINGDOM)
http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/policy_instructions/table_of_contents/chapter_9.Maincontent.0003.file.tmp/02%20Refusal%20of%20EC.pdf
4) IMMIGRATION HISTORY
IMMIGRATION DIRECTORATES' INSTRUCTIONS
13. PARAGRAPH 320(11) - FAILURE TO OBSERVE TIME LIMIT OR CONDITIONS
ATTACHED TO PREVIOUS STAY
Whether or not a passenger satisfies the formal requirements of
another paragraph of the Rules, under Paragraph 320(11) his previous
immigration history may be taken into account. Refusal under this
paragraph is appropriate where a person has shown by his previous
conduct that he has contrived in a significant way to frustrate the
purpose of the Rules. It is not intended that this paragraph should be
used in a punitive manner, and the immigration officer should not seek
to rely on, for example, a minor period of overstaying as a sole
ground for refusal.
http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/policy_instructions/table_of_contents/chapter_9.Maincontent.0003.file.tmp/02%20Refusal%20of%20EC.pdf
ADDITIONAL THOUGHTS
A 3-digit admission stamp (includes date & visa classification) is
assigned to you each time you re-enter the U.S. and is entered into
the I.N.S. computer system. Additionaly, INS has access to all kinds
of databases, including ...
INS's Central Index System (alien files)
Interagency Border Information System (IBIS)
FBI's National Crime Information Center database (NCIC)
National Automated Immigration Lookout System (NAILS)
NATIONAL AUTOMATED IMMIGRATION LOOKOUT SYSTEM
http://uscis.gov/graphics/aboutus/foia/ereadrm/032.htm
I hope I've been able to help you sort through the immigration maze.
Ofcourse noone can be 100% positive what will transpire with border
authorities but they certainly have all the means at their disposal to
uncover the truth. If you have any questions, please post a
clarification request *before* closing/rating my answer and I'll be
happy to reply.
Thank you,
hummer
Google Search Terms Used:
uk immigration domestic worker
uk immigration interview
valid United Kingdom entry clearance
uk domestic worker visa
u.s. visa overstay
Most of my time was spent following links I found on relevant
websites, such as the Home Office website. |
Request for Answer Clarification by
gramercy-ga
on
23 Jan 2005 17:02 PST
Thanks, that was very thorough. Generally, I was aware of the US
implications to my friend of the situation, but the focus here is
entirely on the UK implications.
Do you agree that nowhere on the relevant forms does it ask whether
the prospective UK visa applicant is has overstayed a visa in their
country of origin?
Do you agree that the language you pasted in under your section 4
would tend to suggest that if the arrangement is transparently
bonafide (i.e. the nanny is clearly my friend's nanny, and he clearly
intends to employ her during his stay in the UK, as opposed the the
whole thing being a ruse for her to enter the country illegally) then
the UK authorities would be likely to issue the visa?
|
Clarification of Answer by
hummer-ga
on
24 Jan 2005 06:11 PST
Hi gramercy,
Do you agree that nowhere on the relevant forms does it ask whether
the prospective UK visa applicant is has overstayed a visa in their
country of origin?
Yes, I agree, but it is not hard to find out. When she applies for her
valid UK entry clearance, she will have to furnish her original work
permit and passport. I would assume that they will also ask for her
I-94, which is her arrival/departure record and how long she was
allowed to stay in the U.S.
>>>
Do you agree that the language you pasted in under your section 4
would tend to suggest that if the arrangement is transparently
bonafide (i.e. the nanny is clearly my friend's nanny, and he clearly
intends to employ her during his stay in the UK, as opposed the the
whole thing being a ruse for her to enter the country illegally) then
the UK authorities would be likely to issue the visa?
Yes, I agree *if* it is a "minor period of overstaying" that we are
talking about. If the overstay is just a matter of one month or less,
it would seem *likely*. However, the more time you add to that, the
*less likely* it would become.
>>>
Another concern of equal value is that the authorities will want to
know what will happen when her UK visa expires. She will not be able
to return to the U.S. and I would think they would be worried that she
will repeat the offense in the UK (overstay her new visa).
Please let me know if you have any other questions.
hummer
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