Reply to: Short term "emigration"

[d000hg]

I must be getting old because when I see, as threaded would put it, demonstrations of upfront naivety as that shown above I don't have the energy to reply

SB as ever nicely summed up

Dooog, when the foundation plan is based upon dodgy ideas as those above your chance of success is massively reduced

anyway, good luck to you

Milan.

On further reading, the VWP says:

The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa.

Quite what they define as 'business' then probably becomes the issue because they also say:

A visa must be requested if the traveler:

Wants to work or study in the United States, travel as a working foreign media representative, come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;

I'll try to remember to report back further in case it's of use to anyone else.

In the mean-time; has anyone here applied for a visa to work/reside in the US for moderate periods and how much pain was it? I think you are supposed to visit your embassy and phoning them is a premium number (thanks Sam!)

The H2B Visa is most similar to our intentions:

The H2B visa is a great way for people who want to temporarily live in the USA, working in seasonal and fun jobs.

If you want to travel to America and work over the Summer in a hotel, theme park or on a cruise ship, or if you want to work in a restaurant or as a ski instructor over the Winter - this is the visa for you.

But it still says:

The employee must 1st have a job offer from a US employer to perform a temporary job

And I'm not looking to find work in the US, but simply do my existing 'job' in the US.
And then there are 2 of us... do we both need visas?

[MarillionFan]

Just go, what are you worried about? surely that supernatural being you believe in will provide?

Gordon Brown?

[sasguru]

Just go, what are you worried about? surely that supernatural being you believe in will provide?

[Gonzo]

Musicians and other creative types do this all the time... how do they get away with it? Or maybe they don't?

HMRC have a whole foreign entertainers section to deal with them.

[d000hg]

Musicians and other creative types do this all the time... how do they get away with it? Or maybe they don't?

[stek]

By your logic an author can't go to another country to write their next book, and a composer can't spend a week in USA on holiday and happen to write a song in their free time.
I would BE on holiday but doing some work at the same time. Not working for a client IN that country either. This isn't like trying to pick up work in a foreign country while there on holiday, I'm just doing a few hours' in the evening.

It's that grey area...

Having a foreign missus I know the ins and outs, let's say we had a kid, and we invited her mum here for a visit to see the kid, no problem.

Let's say we get her over to see the kid and babysit a bit, look after the kid while we go to work, like a grandparent does. Big problem.

It's work, unpaid or not, and if the authorities get a sniff it's big bother...

That's UK tho - I cannot speak for rest of world!

[MarillionFan]

Haven't really thought this through have you?

With telecommunications as widespread and cheap as they are these days, doogie can continue to take support calls anywhere in the world while his wife takes that new brick laying job on a site in Dusseldorf.

'That's living all right!'

[d000hg]

By your logic an author can't go to another country to write their next book, and a composer can't spend a week in USA on holiday and happen to write a song in their free time.
I would BE on holiday but doing some work at the same time. Not working for a client IN that country either. This isn't like trying to pick up work in a foreign country while there on holiday, I'm just doing a few hours' in the evening.

[milanbenes]

I must be getting old because when I see, as threaded would put it, demonstrations of upfront naivety as that shown above I don't have the energy to reply

SB as ever nicely summed up

Dooog, when the foundation plan is based upon dodgy ideas as those above your chance of success is massively reduced

anyway, good luck to you

Milan.

[shaunbhoy]

It sounds like in my case as effectively a freelancer, I should simply go on an extended holiday and happen to do some work while there without telling anyone. And in my wife's case, she should actually be on holiday for real. No intention to make it complicated, the motivation is simply to see how we deal with living away without losing the income of working.

Haven't really thought this through have you?

[d000hg]

It sounds like in my case as effectively a freelancer, I should simply go on an extended holiday and happen to do some work while there without telling anyone. And in my wife's case, she should actually be on holiday for real. No intention to make it complicated, the motivation is simply to see how we deal with living away without losing the income of working.

[NotAllThere]

In most countries, it gets complicated if you arrive as a tourist, then decide to stay. It's easier within the EU though. You could do three months in Switzerland, for example, without needing to register with the authorities. But it wouldn't be the expat experience. Unless you can take the plunge, and plan on at least three years, my recommendation would be: don't bother.

All you'll gain is experience of an "extended working holiday".

[BlasterBates]

In the EU basically if you do work anywhere you will be expected to tax that from day 1 in that country, not after 183 days, even if you are there for less than 6 months. However there is a different tax status. The 6 month rule usually means you become fully tax resident. Up until that time you will be taxed only on income you made in the country.

Some contractors have been caught out by this even though they kept to the 183 residency rule. Obviously they're not going to chase you for a few days working remotely from a hotel room, they'll never find out. But you need to be careful if it is several months.

If you do plan to stay several months I would advise setting yourself up locally. Usually there is no significant tax advantage by taxing in the UK, so there's no reason to run an unnecessary risk. Contractors who do run their business through a UK Ltd, simply do it to avoid the hassle of registering with a foreign tax authority, rather than to save money, and then face a huge tax bill with penalties when it goes wrong. Lets put it this way better to get an official statement from the authorities saying you have no tax to pay than to get a nasty letter informing you they've opened a criminal investigation against you. In other words let them decide if you need to be taxed there don't decide yourself. Inform them with a letter at the very least.

[doodab]

My wife looks likely to be unemployed shortly; we were talking about the idea of moving abroad to chase a job for her but it's a big step into the unknown. Since I work from home anyway we were discussing the idea to take an extended 'holiday' of 3-6 month somewhere to test whether we can hack living away from everything and everyone we know without having to actually go through with it.

I wouldn't be moving to work in the foreign country, I would just be visiting and would continue to work while there getting paid to my UK accounts.
What kind of duration can you stay in EU countries and the US to do this with[out] a visa? While there, would my wife be able to work at all even doing shift work or would this be totally forbidden?

Anyone done anything like this or thought of it?

If you and your wife are EU citizens then no visa is required to work elsewhere in the EU, but for tax purposes may not be as simple as saying "I'm just visiting" as you will usually end up tax resident in your new country after six months. The company situation can also be complicated as there is no "183 day rule" for companies, and if it's deemed that the "centre of control" of your company has moved the company may end up tax resident in your new country from day 1. There may also be other legalities involved in that case regarding compulsory insurances social payments and so on.

Quite a lot of people take a "keep quiet" approach. Some of them get away with it, some of them don't. You hear all sorts of horror stories.

I don't know what the rules are in the US.

[stek]

My wife looks likely to be unemployed shortly; we were talking about the idea of moving abroad to chase a job for her but it's a big step into the unknown. Since I work from home anyway we were discussing the idea to take an extended 'holiday' of 3-6 month somewhere to test whether we can hack living away from everything and everyone we know without having to actually go through with it.

I wouldn't be moving to work in the foreign country, I would just be visiting and would continue to work while there getting paid to my UK accounts.
What kind of duration can you stay in EU countries and the US to do this with[out] a visa? While there, would my wife be able to work at all even doing shift work or would this be totally forbidden?

Anyone done anything like this or thought of it?

What is you and your mrs' visa status? I assume you're both UK citizens?

For EU it's no problem for her, EU right of free movement and employment, US is different, she'd need a H1B or an L1 which I think is an intra-country transfer if that is applicable.