# Tier 5 Charity Visa?



## logopoetic (Jun 20, 2012)

Hi all,

Thanks in advance for reading this. I have spent weeks scouring UKBA, the web and this forum, and I really appreciate the experience and clarity here!

*My question in a nutshell is this:* I work in the nonprofit sector in the US in marketing/grantwriting/copywriting/etc. Let's say I were to find a charity-status organization in the UK that would be willing to sponsor me for a Tier 5 Charity Worker visa so I could do that kind of work for them on a volunteer basis (a long shot, I'm sure, but I'm desperate). 

Would I then be able to continue working legally up to 20 hours/week for my existing clients in the US? The policy info on the UKBA website seems to suggest that it would be considered "supplementary employment" and therefore legal under Tier 5, but it's not 100% clear.

Has anyone here successfully applied for a Tier 5 Charity Worker visa before? Am I completely misreading that category?

*My sob story is this:* After our wedding this August, my newly-wed husband will begin a 9-month Masters programme at Oxford in October, with the hope of then going on to the DPhil (which would be another 3ish years). We're both US citizens.

With the new restrictions on dependents under Tier 4, his course is 3 months too short for me to be eligible to apply under his visa. I would have plenty of work from my US clients alone if there were a legal way to do that under UK law, but that doesn't seem to be an option. I'm also applying with potential Tier 2 sponsors, since I do have fairly specialized skills/experience in one particular industry.

We can't afford for me not to be working for 9-12 months, so we're knocking on every possible door to find some way of not being separated by an ocean for the first year of our marriage. More walls than doors, it seems. Any advice is *much* appreciated!


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## Joppa (Sep 7, 2009)

logopoetic said:


> Hi all,
> 
> Thanks in advance for reading this. I have spent weeks scouring UKBA, the web and this forum, and I really appreciate the experience and clarity here!
> 
> ...


Just brief response as I am away from home.
1) If your fiance is doing a full time Masters at Oxford, which has short academic terms of 24 weeks IIRC, it should still be regarded as one year for visa purposes and application from dependant should be possible. Clear it with Oxford international student office. They have vast experience on visa matters. If you are eligible, you should be able to work, but he will need a fixed sum to sponsor you, as per visa rules and any projected income from your employment in UK cannot be included.
2) For Tier 5 Charity Worker, you need a UK charity who is a registered sponsor. Possible but not easy given the current financial squeeze affecting all charities.
3) Working with US clients. No problem with dependant visa. With Tier 5, possible but need investigation. What they mean by supplementary employment is related work done in UK.
4) Tier 2. Even more difficult. Your skills and job offered must meet exact criteria for shortage occupation list on UKBA site. Even then, you must still find a registered sponsor willing to consider you. They almost always prefer local applicants with relevant UK experience.

So I suggest you contact Oxford by email and find out about dependant visa for Tier 4 adult student.


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## logopoetic (Jun 20, 2012)

Hi Joppa,

Thank you very much for your reply, especially while you're away!



Joppa said:


> 1) If your fiance is doing a full time Masters at Oxford, which has short academic terms of 24 weeks IIRC, it should still be regarded as one year for visa purposes and application from dependant should be possible. Clear it with Oxford international student office. They have vast experience on visa matters. If you are eligible, you should be able to work, but he will need a fixed sum to sponsor you, as per visa rules and any projected income from your employment in UK cannot be included.


That way of looking at it makes sense to me too, but sadly, I don't think they see it that way. It would certainly be the simplest solution to this whole problem. Here is the guidance in the student immigration info section of Oxford's website about family visas:

_*Eligibility of dependants to apply*
Family members can only apply as your dependants if your course is of at least 12 months duration and at postgraduate level, or you are a government-sponsored student and your course is of at least 6 months duration. _

And here is what the Oxford immigration adviser said when I wrote to ask about it:
_The rule change last year restricting dependants to those who undertake 12 month courses or longer has been a problem for some...We cannot alter the length of the course I’m afraid as it is has been validated as a 9 month course._



> 2) For Tier 5 Charity Worker, you need a UK charity who is a registered sponsor. Possible but not easy given the current financial squeeze affecting all charities.


I'll keep knocking! If I could even figure out some way of staying in the country longer than six months, that would help.

Even with the difficulties, this seems to be the only option I've got. If anyone on the forum has had any success with this visa category, I would really appreciate hearing about your experience!



> 3) Working with US clients. No problem with dependant visa. With Tier 5, possible but need investigation. What they mean by supplementary employment is related work done in UK.


So, just to clarify--"in the UK" in this case would have to be work done for clients physically located in the UK, not remotely for US clients? If so, I have to say, seems a bit mean-spirited when their general definition of work is so broad.

At this point, I'm even considering trying for a Compétences et Talents visa and living just over the Channel in France for 9 months. That's not an easy route either (or an ideal solution), but at least it's possible. 

Still hoping something will open up in the UK, but feeling pretty discouraged. We've even started talking about whether we should postpone the wedding, if we won't be able to be together for the first year anyway. 

Thanks again for your help!


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## Joppa (Sep 7, 2009)

Still away so brief response!
I thought it may be something like that with Oxford postgrad degree. They should know. 
With Tier 5 charity visa, it's to do with activities somehow related to the charity work you do. If it's completely unrelated, under strict interpretation of visa rules, you shouldn't work for US clients while over here, but many do work online and it's quite difficult to see how they ever find out unless you tell them. 
Living and working in France should be the last resort and their special talent visa is apparently quite hard to get with a business plan and benefiting international relations!
Or you can become a student yourself if you can afford quite high fees and living cost.


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