
The High Court in England has recently provided guidance on what constitutes ‘voluntary work’ when considering whether a person has complied with or breached their visa conditions.
The case of R (Ancy Lazer Salu Andrews) v Secretary of State for the Home Department concerned a Skilled Worker visa holder, Mrs Andrews. Mrs Andrews had her visa cancelled by the Home Office after being encountered by the Home Office volunteering in a convenience shop, serving customers behind the till.
The Home Office cancelled her visa on the basis that this was in breach of her visa conditions. Mrs Andrews sought to challenge the cancellation of her visa, arguing that she was undertaking voluntary work which was permitted on her visa.
In deciding whether Mrs Andrews had breached her visa conditions, the Court had to consider the hierarchy of the different laws at play, namely the Immigration Act 1971, The National Minimum Wage Act 1988, the Immigration Rules and Home Office guidance.
Mrs Andrews relied upon the more generous interpretation of voluntary work contained in Home Office guidance for Skilled Workers, while the Home Office relied upon the Immigration Rules and statute which define voluntary work as being for a charity or voluntary organisation, for example.
The Court found that the legislation and Immigration Rules took precedence over the Home Office guidance. The Court stated that the National Minimum Wage Act required a voluntary worker to not merely be working for no remuneration. The worker has to be employed by a charity, voluntary organisation, an associated fund-raising body or a statutory body who is not entitled to any monetary payments of any description and no benefits in kind.
For Mrs Andrews, this meant that she was in breach of her visa conditions and the Home Office had not acted unlawfully in cancelling her visa. This was because she was doing unpaid work in a convenience store and was not volunteering for no remuneration for a charity, voluntary organisation or related fund-raising or other statutory body.
This case highlights the importance of complying with visa conditions and understanding the complex interplay between Home Office guidance, the Immigration Rules and legislation.
If you would like advice on voluntary work and complying with your visa conditions then please do not hesitate to contact one of the experienced solicitors in our immigration team.
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