Information Sheet Summary With the spread of the internet, more and more people from overseas are applying to volunteer with UK organisations. The rules governing this type of immigration matter can be complicated, but generally there should be no problem with an organisation accepting someone from overseas, as long as the person has the correct paperwork. This Information Sheet looks at recruiting or accepting potential volunteers from outside the United Kingdom. It covers the following:
- Legal restrictions on employment and “illegal working”
- People from within the European Union and European Economic Area
- People from outside the EU/EEA
- People who are refugees and asylum seekers and are already in the UK Please note that this document is provided as a simple summary for information purposes and should not be regarded as a substitute for immigration or legal advice.
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Legal restrictions on employment and “illegal working”
The Immigration, Asylum and Nationality Act 2006 makes it a criminal offence to employ a person who does not have the right to work in the UK. (The Act replaces similar provisions in the Asylum and Immigration Act 1996.) Because the rules relate to employment, they should not apply to taking on genuine volunteers who are not working under a contract of employment. However, note that the 2006 Act explains that a contract could be “express or implied” and “oral or written”.
For further information about the 2006 Act, please refer to UK Border Agency guidance on prevention of illegal working. For more information about volunteers and employment contracts, please refer to chapter 1 of the Volunteering England publication “Volunteers and the Law”. Details for both publications are listed at the end of this Information Sheet.
While organisations are free to take on any person for a genuine volunteer role, an individual could be in breach of their visa or entry clearance conditions if he/she volunteers when not permitted to.
As part of good practice in working with volunteers, it is sensible for organisations to remind potential or new recruits to check whether they are allowed to volunteer. The ultimate responsibility does rest with that individual, but this Information Sheet has been written as guidance to support anyone involved in recruiting or working with volunteers from outside the United Kingdom.
People from the European Union (or the European Economic Area)
There are no restrictions on volunteering by people from Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, France, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain and Sweden (members of the European Union). The same freedom is extended to nationals of Iceland, Norway, Liechtenstein and Switzerland which are members of the European Economic Area (EEA).
Recent accessions to the EU
Romania and Bulgaria joined the European Union in 2007. At the time of writing, freedom of movement and work has not been extended fully to citizens of these countries. If someone from Bulgaria or Romania wants to volunteer, we suggest that they contact the UK Border Agency (UKBA) to confirm what they are allowed to do. UKBA is an executive agency of the Home Office.
The UK Border Agency website contains a list of contact details
The telephone number for their immigration enquiry bureau is: 0870 606 7766.
The UK Border Agency website also contains a section about Romanian and Bulgarian nationals.
People from outside the European Union or EEA
There are two main scenarios for a person from outside the EU or EEA who wants to volunteer in the UK.
A) The person has come to the UK for a different activity, such as employment or studying. Volunteering is not their primary reason for being in the country, but they want to volunteer as an additional activity.
B) The person is coming to the UK with the main intention of volunteering for a charitable organisation in the United Kingdom. This will be the basis of their application to enter the country.
The two following sections explain what your organisation and a potential volunteer should do in each of these circumstances.
A) Volunteering alongside other activities during their stay
People from outside the EU or EEA come to the United Kingdom for a wide variety of reasons and therefore might be granted one of a number of visas or types of entry clearance. Examples include student visas, visitor visas and spouse’s visas.
If your organisation is approached by a potential volunteer from outside the EU/EEA, you should explain that they must check their visa or entry clearance conditions. The person must make sure that they are allowed to volunteer in addition to their main purpose for entering the country. On official documents, this will probably be described as ‘unpaid work’, rather than as ‘volunteering’. It is important that individual volunteers take responsibility for this, because, as a worst case scenario, a person could jeopardise their visa status by working or volunteering when they are not allowed to.
If a potential volunteer cannot find the answer clearly on their immigration documentation, you can suggest that they contact the UK Border Agency. The UK Border Agency is an executive agency of the Home Office and deals with immigration issues once someone has been issued with a visa/entry clearance and entered the country.
The UK Border Agency website contains a list of contact details
Telephone number for their immigration enquiry bureau: 0870 606 7766.
B) Applying to come to the UK with the main intention of volunteering
Work permits for employing a person from outside the EU or EEA are only issued where a genuine vacancy exists and where particular qualifications or skills are required that are in short supply from the British and EEA labour force.
But, the Home Office has allowed a concession to allow people from outside the EEA to come to the UK with the main intention of volunteering. It is intended to support charity work and youth mobility and is a short term immigration category known as being a ‘voluntary worker’.
A person applying for a voluntary worker visa must meet the following criteria:
• the activity is purely voluntary and does not involve taking up a salaried post or permanent position of any kind within the charitable organisation or entering into any arrangement that is likely to constitute a contract of employment; and
• the activity is either for a charitable organisation listed in Home Office guidance or a registered charity whose work meets the criteria set out in this instruction; and
• the activity is unpaid, or is not likely to be subject to payment of the National Minimum Wage, [see Volunteering England’s Information Sheet on the National Minimum Wage], and directed towards a worthy cause; and
• it is closely related to the aims of the organisation; and
• it is fieldwork involving direct assistance to those the charitable organisation has been established to help; and
• the passenger intends to leave the United Kingdom at the end of their stay.
These rules are described on the website of the UK Border Agency.
Applying for immigration status as a “voluntary worker from overseas”
Firstly, an individual needs to check whether a visa is required. Secondly, they need to make sure they fit the eligibility criteria.
Visas
Some individuals need to acquire a visa before coming to the UK and others do not need one. The two types are known as:
a) A visa national (from a country for which a visa is required to enter the UK)
b) A non-visa national (from a country where a visa is not required and ‘entry clearance’ has to be granted on arrival in the UK.)
You can find out which category an individual falls into by checking with UK Visas, which is the government department responsible for visas.
Check the list of countries on the UK Visas website
Use one of UK Visas’ direct points of enquiry via email or fax:
(Please note that the telephone enquiry service is currently suspended due to limited resources)
Eligibility criteria and supporting documentation
Information about eligibility, as well as instructions for applying for or for extending a stay as a voluntary worker can be found on the UK Border Agency website.
As part of the application, individuals will need to prove that they have financial means to live on and provide a letter of support from the charitable organisation they will be volunteering with.
A charitable organisation is not allowed to pay a voluntary worker from overseas, but you can provide reasonable expenses. In some circumstances, organisations give a subsistence payment to their voluntary workers. Above all, the UK Border Agency highlights the importance of meeting the terms of “the National Minimum Wage Act exemption for voluntary workers”.
For further information, please visit the UK Border Agency website
Rules for specific groups
Visitors
Anyone holding a ‘visitor visa’ is not allowed to take up paid or unpaid work during their stay in the UK, which includes volunteering.
Students
A person with a genuine ‘student visa’ should not need permission to take part-time or holiday work, including volunteering. Some restrictions remain in place, including a limit of 20 hours per week during term time, unless the college agrees otherwise.
Note that a new short-term category of ‘student visitor visa’ was introduced in 2007. At the time of writing, we understand that this is different from a ‘student visa’, and has the same rules as visitor visas meaning that these individuals aren’t allowed to volunteer. If required, please contact the UK Border Agency for further information.
Refugees
People who have refugee status or who have exceptional leave to remain, and their family members, are allowed to do any type of work including volunteering.
Asylum seekers
Many people seeking asylum want to use their skills and contribute something to the society in which they wish to live. Since April 2000, asylum seekers (people in the process of applying for refugee status) have been allowed to volunteer in certain types of organisation. Asylum seekers generally receive a document which states that they cannot take up paid or unpaid employment, but this does not apply to volunteering. Guidance on prevention of illegal working issued by the UK Border Agency provides clarification of where asylum seekers can volunteer.
Question 54: Can asylum seekers volunteer their services?
Answer: Asylum seekers are allowed to volunteer, as long as they are carrying out the work on behalf of a registered charity, voluntary organisation or body that raises funds for either. Any voluntary activity undertaken should not amount to either employment, or job substitution.
Also see questions and answers 55, 56, 57 and 58 of the guidance (details are listed at the end of this document). They confirm that asylum seekers are entitled to receive out-of-pocket expenses just like other volunteers and explain whether “failed asylum seekers” can volunteer pending their departure from the UK.
Future developments
Please note that some of these rules may be subject to change in 2008 and 2009, as part of the government’s review of immigration laws. For further information, please read the statement on BIA website’s latest news page
Volunteering England is following these developments closely and will update this Information Sheet as soon as necessary. This information is correct at the time of writing, to the best of our knowledge, but as previously stated it should not be taken as a substitute for immigration or legal advice.
Further information
“Volunteers and the Law”. A readable guide to legal issues on volunteering.
In particular, read chapter 1 on “Volunteers and Employment Rights”.
This publication is free to download.
Volunteering England Information Sheet
“Introduction to Criminal Record Bureau Disclosure Checks”
This provides information on obtaining Criminal Record Bureau Checks for volunteers from overseas.
UK Border Agency
(formerly known as the Border and Immigration Agency and as the Immigration and Nationality Directorate)
Public Enquiry Offices are located in Croydon, Birmingham, Liverpool and Glasgow.
Tel: 0870 606 7766
Minicom: 0800 38 98 289
Email: indpublicenquiries@ind.homeoffice.gsi.gov.uk
Website: http://www.bia.homeoffice.gov.uk/contact/
In particular, read the guidance on
“Prevention Of Illegal Working: Immigration, Asylum And Nationality Act 2006: Comprehensive Guidance For Employers On Preventing Illegal Working” – UK Border Agency, Home Office, February 2007
Refugee Council
The Refugee Council has a number of offices and advice lines for different areas of the country. Please telephone or visit their website to find the nearest office to you.
Tel: 020 7820 3085
Email: info@refugeecouncil.org.uk
Website: www.refugeecouncil.org.uk
If you do not have internet access, you can contact their head office at:
240-250 Ferndale Road
Brixton
London
SW9 8BB
UK visas
Foreign and Commonwealth Office
King Charles Street
London
SW1A 2AH
Tel: 0845 010 5555 (this service is temporarily suspended)
Minicom: 020 7008 8457
Fax: 020 7008 8359/61
Email: Visas.ForUK@fco.gov.uk
Website: http://www.ukvisas.gov.uk/
Last reviewed: June 2008
We have made every effort to ensure that this Information Sheet was correct at the time of publication. It is intended as a summary of relevant issues and suggests further sources of information. Legal and immigration advice must be sought where appropriate as this document cannot be regarded as a substitute for such advice.
For more information on managing volunteers, please visit
The Good Practice Bank at www.volunteering.org.uk/goodpractice
All of Volunteering England’s Information Sheets are available at:
www.volunteering.org.uk/information
Or please contact Volunteering England Information Service
Email: Information@volunteeringengland.org
Freephone Information Line: 0800 028 3304 (M-F 10.30-12.30 & 14.00-16.00)
Volunteering England
Regent’s Wharf
8 All Saints Street
London N1 9RL
