Moving from UK to California to work remotely for a UK company. Please Help!
Jan 28th 2024, 5:01 pm
#16
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Joined: Jan 2024
Posts: 5
Re: Moving from UK to California to work remotely for a UK company. Please Help!
OK, I'll try and clarify some of the above! Sorry for the confusion.
My girlfriend is stuck in the states for about a year due to some commitments she has. Our plan was to settle in the UK eventually once she's able to move.
It's really difficult being away from each other so in the interim, I want to move there whilst continuing to work for the UK company.
I'm also thinking it's a good idea for me to eventually get a green card in case for any reason she doesn't like living in the UK.
So the goal right now is to get me there and able to work for this UK company ASAP.
I believe I don't actually need an employment authorization document in order to work remotely for a UK company? I still haven't seen any solid info on that.
Same goes for the K-1, I think that will enable me to legally work for the UK company. Again, I could be wrong.
As for the question about the sponsor, what exactly does this mean?
Again sorry for my ignorance, I'm so new to this!
Thanks again!
My girlfriend is stuck in the states for about a year due to some commitments she has. Our plan was to settle in the UK eventually once she's able to move.
It's really difficult being away from each other so in the interim, I want to move there whilst continuing to work for the UK company.
I'm also thinking it's a good idea for me to eventually get a green card in case for any reason she doesn't like living in the UK.
So the goal right now is to get me there and able to work for this UK company ASAP.
I believe I don't actually need an employment authorization document in order to work remotely for a UK company? I still haven't seen any solid info on that.
Same goes for the K-1, I think that will enable me to legally work for the UK company. Again, I could be wrong.
As for the question about the sponsor, what exactly does this mean?
Again sorry for my ignorance, I'm so new to this!
Thanks again!
Jan 28th 2024, 5:04 pm
#17
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
Re: Moving from UK to California to work remotely for a UK company. Please Help!
I believe I don't actually need an employment authorization document in order to work remotely for a UK company?
As for the question about the sponsor, what exactly does this mean?
Jan 28th 2024, 5:08 pm
#18
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
Re: Moving from UK to California to work remotely for a UK company. Please Help!
Now that you have given timescales, and add the fact that it will take a year to get any visa, it seems there is not an appropriate visa for what you want to do. Sure you can get a Green Card, but if your intention is not to settle in the US permanently then you will likely abandon that status after a short time living back in the UK anyway and will have to start all over again. A Green Card does not last forever if you don't live in the US, eventually CBP will send you to secondary and you will be asked some tough questions.
Last edited by civilservant; Jan 28th 2024 at 5:10 pm.
Jan 28th 2024, 6:26 pm
#19
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Re: Moving from UK to California to work remotely for a UK company. Please Help!
From what I have seen online the K1 has less of a lead time than the CR1? Again, I have no idea if the info is reliable.
Can I ask how long it took you to get the CR1?
The objective really is to get me there and working as quickly as possible. What I'm trying to do is essentially spend some time with her over there until she's free to eventually come back to the UK.
Can I ask how long it took you to get the CR1?
The objective really is to get me there and working as quickly as possible. What I'm trying to do is essentially spend some time with her over there until she's free to eventually come back to the UK.
So both will end up being about the same amount of time before you can work anyway, I'd go for the CR1 for ease. Get married either when you're next there (ensuring you return to the UK whilst your application is processed of course), or you could look at a Utah Zoom marriage if you want to get things moving asap.
But as the very wise civilservant has said, it all seems fairly pointless if she's moving over to the UK in a year anyway. You won't get a visa in that timeframe, and your green card won't last forever if you're not actually living there as a permanent resident. You'd be better off just going backwards and forwards to visit each other instead for the next year, whilst you sponsor her to move to the UK. Head to the UK visa section of the forum for more info on doing it the other way around - https://britishexpats.com/forum/citi...-visas-uk-196/ The fees and earnings requirement are about to jump up considerably too (April I think??), so you might want to look at that and see if you can sponsor her before that happens.
Good luck.
Last edited by christmasoompa; Jan 28th 2024 at 6:29 pm.
Jan 28th 2024, 7:43 pm
#20
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Moving from UK to California to work remotely for a UK company. Please Help!
OK, I'll try and clarify some of the above! Sorry for the confusion.
My girlfriend is stuck in the states for about a year due to some commitments she has. Our plan was to settle in the UK eventually once she's able to move.
It's really difficult being away from each other so in the interim, I want to move there whilst continuing to work for the UK company.
I'm also thinking it's a good idea for me to eventually get a green card in case for any reason she doesn't like living in the UK.
So the goal right now is to get me there and able to work for this UK company ASAP.
I believe I don't actually need an employment authorization document in order to work remotely for a UK company? I still haven't seen any solid info on that.
Same goes for the K-1, I think that will enable me to legally work for the UK company. Again, I could be wrong.
As for the question about the sponsor, what exactly does this mean?
Again sorry for my ignorance, I'm so new to this!
Thanks again!
My girlfriend is stuck in the states for about a year due to some commitments she has. Our plan was to settle in the UK eventually once she's able to move.
It's really difficult being away from each other so in the interim, I want to move there whilst continuing to work for the UK company.
I'm also thinking it's a good idea for me to eventually get a green card in case for any reason she doesn't like living in the UK.
So the goal right now is to get me there and able to work for this UK company ASAP.
I believe I don't actually need an employment authorization document in order to work remotely for a UK company? I still haven't seen any solid info on that.
Same goes for the K-1, I think that will enable me to legally work for the UK company. Again, I could be wrong.
As for the question about the sponsor, what exactly does this mean?
Again sorry for my ignorance, I'm so new to this!
Thanks again!
YOU need either a work visa to work in the US (which is obtained/sponsored by your employer) OR you marry your girlfriend and get a spouse visa.
Spouse visa will take about 12 months to process and your girlfriend has to sponsor you and show she has enough income to support you.
You can visit while visa is being processed.
If you intend to live in the UK once girlfriend is able to move, then paying money for US visa seems pointless.
YOU will need to sponsor girlfriend for spouse visa for UK. There are financial, accommodation and relationship requirements. The financial requirements for annual income are increasing in Spring to 29,000 GBP
You should read the following to see if you qualify to sponsor:
https://assets.publishing.service.go...equirement.pdf
Jan 28th 2024, 8:45 pm
#21
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Re: Moving from UK to California to work remotely for a UK company. Please Help!
Now that you've given more context, as others have said, the marriage visa (either K-1, K-3 or CR-1) will NOT get you to the USA with the ability to work for the UK company within 1 year. All those visa take 12 to 18 months to process.
So, if the goal is to have your girlfriend move to the UK a year from now, all those visas are a waste of money and time.
Looks like you will just continue to visit (without working) until such time that she can move to the UK. Unless you are willing to go the CR-1 route and live in the USA for 4 years or so until you become a USC. That's the only way it makes financial sense. But again, you can't work in the USA while waiting the 12+ months for that visa to process.
Rene
So, if the goal is to have your girlfriend move to the UK a year from now, all those visas are a waste of money and time.
Looks like you will just continue to visit (without working) until such time that she can move to the UK. Unless you are willing to go the CR-1 route and live in the USA for 4 years or so until you become a USC. That's the only way it makes financial sense. But again, you can't work in the USA while waiting the 12+ months for that visa to process.
Rene
Jan 28th 2024, 9:18 pm
#22
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Joined: Apr 2001
Posts: 46,392
Re: Moving from UK to California to work remotely for a UK company. Please Help!
This means financially sponsor by earning 125% of the poverty guidelines for a family of 2 <?> [you and her].
Jan 29th 2024, 7:01 pm
#23
Forum Regular
Joined: Jan 2017
Posts: 246
Re: Moving from UK to California to work remotely for a UK company. Please Help!
The K1 is much more hassle and will also cost a lot more (fees about to increase). It may be ever so slightly quicker than a CR1 to get you over there, but you won't be able to work until you get an EAD and that takes 6-8 months after arrival usually. And as above, you cannot work at all without authorisation, regardless of where your employer is or where you're being paid.
33. Work Authorization Inherent in Alien’s Status
Section 274a.12 paragraph (a) was amended in the interim final rule to specify that certain aliens in this paragraph [(a)(3)-(11)], although employment authorization is inherent in their status, must apply for evidence of this inherent employment authorization by completing an application for employment authorization (Form I-765) in order to be issued an employment authorization document. [...]
Two commenters suggested that this amendment to the regulations exceeds INS’ statutory authority. These commenters stated that aliens covered by this regulation have an absolute right to work in the United States by virtue of their status. The commenters stated that the interim final rule denies such individuals the right to work unless they receive an employment authorization document from the INS, and that the inability of the INS to issue these documents within a reasonable period of time furthers this denial of the right to work. The commenters stated that these aliens would be deprived of opportunities to accept or change employment while awaiting the issuance of an INS employment authorization document. They suggested that if the INS wants to provide a standard employment authorization document for these classes of aliens, it should issue such documentation automatically upon the grant of status or admission of such aliens.
One commenter believed that this regulation imposes new burdens on these authorized workers.
[...]
As previously stated in the Supplemental Information to the interim final rule, published in the Federal Register on June 25, 1990, the filing of the Form I-765 by these classes of aliens will not result in an adjudication of whether employment authorization should be granted because employment authorization is inherent in their status. The application will be used to acquire a document evidencing employment eligibility. Despite the fact that these aliens’ right to work is inherent in their status, such a right does not exempt them from having to prove their eligibility to work by presenting documents recognized as sufficient to complete a Form I-9. [...]
Section 274a.12 paragraph (a) was amended in the interim final rule to specify that certain aliens in this paragraph [(a)(3)-(11)], although employment authorization is inherent in their status, must apply for evidence of this inherent employment authorization by completing an application for employment authorization (Form I-765) in order to be issued an employment authorization document. [...]
Two commenters suggested that this amendment to the regulations exceeds INS’ statutory authority. These commenters stated that aliens covered by this regulation have an absolute right to work in the United States by virtue of their status. The commenters stated that the interim final rule denies such individuals the right to work unless they receive an employment authorization document from the INS, and that the inability of the INS to issue these documents within a reasonable period of time furthers this denial of the right to work. The commenters stated that these aliens would be deprived of opportunities to accept or change employment while awaiting the issuance of an INS employment authorization document. They suggested that if the INS wants to provide a standard employment authorization document for these classes of aliens, it should issue such documentation automatically upon the grant of status or admission of such aliens.
One commenter believed that this regulation imposes new burdens on these authorized workers.
[...]
As previously stated in the Supplemental Information to the interim final rule, published in the Federal Register on June 25, 1990, the filing of the Form I-765 by these classes of aliens will not result in an adjudication of whether employment authorization should be granted because employment authorization is inherent in their status. The application will be used to acquire a document evidencing employment eligibility. Despite the fact that these aliens’ right to work is inherent in their status, such a right does not exempt them from having to prove their eligibility to work by presenting documents recognized as sufficient to complete a Form I-9. [...]
Jan 29th 2024, 10:11 pm
#24
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,855
Re: Moving from UK to California to work remotely for a UK company. Please Help!
I believe it can be argued that working during the 90 days of K1 status is not unauthorized employment, even if the person has not received an EAD, because K1 is listed as one of the statuses that are authorized to work incident to status in 8 CFR 274a.12(a)(6). (K1 can apply for an EAD, but it would expire at the end of the 90 days of K1 status, and EAD processing times are longer than that so you would never get it.) Although there is a sentence saying that people seeking to work in this category must apply for an EAD as evidence of work authorization, the regulatory history seems to indicate that this is only needed for the purposes of evidence for the I-9, and does not limit the inherent right to work incident to status. From 56 FR 41779-41780:
Of course, even with this, the person would still be unauthorized to work from the end of the 90 days of their K1 status until they are approved for an I-485-based EAD or a green card. Unauthorized employment would not affect their eligibility for Adjustment of Status, since they are in the Immediate Relative category, but it is still not good.
Of course, even with this, the person would still be unauthorized to work from the end of the 90 days of their K1 status until they are approved for an I-485-based EAD or a green card. Unauthorized employment would not affect their eligibility for Adjustment of Status, since they are in the Immediate Relative category, but it is still not good.
https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-employment-authorization-for-e-and-l-nonimmigrant-spouses
Last edited by tht; Jan 29th 2024 at 10:23 pm.
Jan 29th 2024, 10:55 pm
#25
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Re: Moving from UK to California to work remotely for a UK company. Please Help!
While it's true that a K-1 visa holder is allowed to work the first 90 days in the USA, this doesn't do the OP much good because it takes a year or more to get the K-1 in the first place.
Rene
Rene
Jan 30th 2024, 9:26 pm
#26
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Posts: 8,427
Re: Moving from UK to California to work remotely for a UK company. Please Help!
Hello all,
I'm totally new to this website, so I hope I'm posting in the correct section
.
I'm looking for advice on how I can move to California and continue working remotely for a UK company.
I'm a UK citizen, living in the UK, and I want to move in with my girlfriend who is a US citizen, living in California.
I have an O2 visa which I was given as part of my second job as a musician. This visa is described as the following:
"The O2 visa is designed for the essential support personnel of O1 visa holders who are temporarily entering the United States for work-related purposes. The O2 visa is a nonimmigrant visa and is only granted for those who are accompanying O1 (Individuals with Extraordinary Ability) visa holders who work in the field of athletics, entertainment, motion picture, or television production. O1 visa holders who work in education, business, or science are not eligible to bring essential support personnel with them to the United States under an O2 visa."
This visa however, is totally irrelevant to the remote job that I will be working whilst in the states, but it allows me to go to and from the US to see my girlfriend without having to get an esta etc.
The company I'm working for are asking me if my visa would allow me to work in the US, but the O2 visa clearly states that I'm there to support the holder of an O1 visa, the O1 holder has nothing to do with the work I'll be doing.
I understand there's no "digital nomad" type of visa for the US (which would be the type that I need), but if I go to the US on my O2 visa and just continue working for the UK company, is there any way that this would get the company in any kind of legal trouble?
I don't know what the implications would be for the company if I'm discovered to be living in the US with a visa that's totally irrelevant to the job I'm doing.
Also if anyone can help, what would I need to tell the UK company in order to put their mind at rest about any legal implications?
Many thanks,
zack
I'm totally new to this website, so I hope I'm posting in the correct section
.I'm looking for advice on how I can move to California and continue working remotely for a UK company.
I'm a UK citizen, living in the UK, and I want to move in with my girlfriend who is a US citizen, living in California.
I have an O2 visa which I was given as part of my second job as a musician. This visa is described as the following:
"The O2 visa is designed for the essential support personnel of O1 visa holders who are temporarily entering the United States for work-related purposes. The O2 visa is a nonimmigrant visa and is only granted for those who are accompanying O1 (Individuals with Extraordinary Ability) visa holders who work in the field of athletics, entertainment, motion picture, or television production. O1 visa holders who work in education, business, or science are not eligible to bring essential support personnel with them to the United States under an O2 visa."
This visa however, is totally irrelevant to the remote job that I will be working whilst in the states, but it allows me to go to and from the US to see my girlfriend without having to get an esta etc.
The company I'm working for are asking me if my visa would allow me to work in the US, but the O2 visa clearly states that I'm there to support the holder of an O1 visa, the O1 holder has nothing to do with the work I'll be doing.
I understand there's no "digital nomad" type of visa for the US (which would be the type that I need), but if I go to the US on my O2 visa and just continue working for the UK company, is there any way that this would get the company in any kind of legal trouble?
I don't know what the implications would be for the company if I'm discovered to be living in the US with a visa that's totally irrelevant to the job I'm doing.
Also if anyone can help, what would I need to tell the UK company in order to put their mind at rest about any legal implications?
Many thanks,
zack
That said, your query goes into an extremely fuzzy and grey area of US immigration law. A good google search would be
Matter of Hira remote work
General comments - the 1986 IRCA legislation added EmployER sanctions to US immigration law. Curiously, US immigration law is fuzzy on employEE sanctions. From the viewpoint of the employee, it is an obligation to be truthful on form I-9. Also, section 245(c) has SOME limitations on adjustment of status due to violation of non-immigrant status. Navigation of the statutory thicket can be tricky, to say the least.
