Working holidaymaker applications: an update

CMS Cameron McKenna is pleased to confirm that British Diplomatic posts are no longer rejecting applications from working holiday makers under the General Grounds of Refusal where the applicant has been working in the UK throughout the 12 months s/he has been based in the UK and has then returned overseas to obtain longer term permission.

The Immigration Rules state that an applicant for a working holiday maker visa must only intend to take work incidental to a holiday, as appose to take work incidental to holiday.

After extensive lobbying, it has been conceded that an individual’s intention once in the UK may change and that continuous work, up to a period on twelve months, may be taken by an individual, without breaching immigration permission as a working holiday maker.

Please note a working holiday maker visa will be rejected if the individual intends to take any work in the UK that the Entry Clearance Officer may not deem incidental to a holiday. Further, if a working holiday maker works for over twelve months whilst in the UK, s/he will fall foul of the General Grounds of Refusal and will face a mandatory one year ban.

Summary

Applications for long term immigration permission (Tier 1, work permit holder, etc) by working holiday makers who have worked continuously or in a role which is not incidental to a holiday in the UK are no longer being rejected by British Diplomatic Posts.

Article first published on Law-Now, CMS Cameron McKenna’s free online information service, reproduced with kind permission. For more information about Law-Now, please go to www.law-now.com.