Do I need "right to work" visa if I work on UK contract from home in Switzerland?

**Lance** · 21 February 2018, 13:44

You say their contract requires you to have right to work in the uk visa. That sort of ends the discussion I would have thought.

Or does it not actually require it?

**Mark Allen** · 21 February 2018, 13:54

Originally posted by Lance View Post

You say their contract requires you to have right to work in the uk visa. That sort of ends the discussion I would have thought.

Or does it not actually require it?

Many thanks for your reply. I suppose my first question is:

- does UK LAW require this?

If not, then I can politely ask the agency to remove it from my copy of the contract.
If yes, then I need to find out if there are any conditions where this did not apply, like in my case where I will not be living in the UK.

However, as I have seen in 50 years of contracts, agencies just add stuff in to make it as complete as possible. But if the agency just added the text to their contract because "that is what they do since they never have had an international person before . . . . ", then I can also ask politely if it can be removed.

So, I need a LAW-based response. Does anyone know if the LAW requires me to have a right-to-work visa even if I am not going to be in the UK?

Many thanks.
Mark

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**Lance** · 21 February 2018, 14:01

If you’re working in Switzerland then there is no specific uk law applicable imo.
How you get paid is the issue. And that’s why the agency will require you to have a right to work.
Responsibility for right to work moved to the ‘employer’ (for want of a better word) in the 90s. So yo need to get the agency or the client to agree to it as it’s about their interpretation of the law rather than the actual law. They’re the ones who get fined for getting it wrong.

**Lance** · 21 February 2018, 14:04

One more thing. A lawyer once told me that any legal advice you get that’s not from a qualified lawyer is almost certainly wrong. It’s the one think I know about law to be true. So take any answers (including mine) with a pinch of salt.
Also... there is a forum for legal questions on this board and it’s not this one.

Whatever the law is or isn’t you need to arrange a commercial deal with the agency or client.

**Mark Allen** · 21 February 2018, 14:16

Do I need "right to work" visa if I work on UK contract from home in Switzerland?

Hello,

I have been offered a "UK based" contract from a UK agency for an IT company I know well. I worked for them before in another EU country.

Currently, I am *resident* in Switzerland and have a Swiss company. But I am not a Swiss national, only married to a Swiss national.

Now, they have a project with a UK customer (international, too) and the agency they use says the "UK-based" contract they have requires that I have a "right to work" in the UK visa. But I will not live or work in the UK, besides some few days a month for meetings.

Do I really need a visa to do this contract, even if I will never live there, only visit a few times?

I have a UK company and a Swiss company, so which ever is best, please let me know.

Many thanks,
Mark

**LondonPM1** · 21 February 2018, 15:04

Originally posted by Mark Allen View Post

Hello,

I have been offered a "UK based" contract from a UK agency for an IT company I know well. I worked for them before in another EU country.

Currently, I am *resident* in Switzerland and have a Swiss company. But I am not a Swiss national, only married to a Swiss national.

Now, they have a project with a UK customer (international, too) and the agency they use says the "UK-based" contract they have requires that I have a "right to work" in the UK visa. But I will not live or work in the UK, besides some few days a month for meetings.

Do I really need a visa to do this contract, even if I will never live there, only visit a few times?

I have a UK company and a Swiss company, so which ever is best, please let me know.

Many thanks,
Mark

I dont follow your question - You can work in the UK as a swiss passport holder. You should go through UK Ltd

**Mark Allen** · 21 February 2018, 15:30

Originally posted by 1 Jack Kada View Post

I dont follow your question - You can work in the UK as a swiss passport holder. You should go through UK Ltd

I do not have a Swiss passport, but only a permanent resident in Switzerland. I married a Swiss national but have not got a Swiss passport yet.

**TheFaQQer** · 21 February 2018, 15:43

Originally posted by Mark Allen View Post

I do not have a Swiss passport, but only a permanent resident in Switzerland. I married a Swiss national but have not got a Swiss passport yet.

What passports do you have?

**Mark Allen** · 21 February 2018, 16:23

Originally posted by TheFaQQer View Post

What passports do you have?

I have an American passport. I moved to Switzerland in 1986, married a Swiss national and started a Swiss company doing IT consulting.

Do I need "right to work" visa if I work on UK contract from home in Switzerland?