15 days UK work and US tourist visa the rest of the year?

[newlyarrived]

Hi,

I've recently come to the US on a B2 (tourist/pleasure) visa and intend to be here for most of my time over the next year or maybe two. However, I will be returning to the UK every 6 months (for about a fortnight each time) in order to renew my B2 visa. My old company in London has offered me some UK freelance work of 15 days a year, which I could do remotely from anywhere in the world.

Can I accept this work in the following two scenarios:

(1) I do all the work strictly in the days that I am in the UK, pay UK taxes on it, and return to the US on my tourist visa at the end of each stretch of work?

(2) I do the work as it comes in, working on my personal laptop, whether I'm in the UK or the US. The money is paid into my UK account and I pay UK taxes on it?

My preference would be scenario (2) as this gives me more flexibility but I'm not sure about the legalities of either situation. As I would not be doing more than 15 days work in a year and I would be physically in the UK for more than 15 days of the year, is it valid to be working for this amount of days and to be a US tourist for the rest of the time? Can I keep these two things separate or does being in the US for most of the year mean that I'm no longer a UK taxpayer?

The last thing I want to do is to endanger my visa status so I will turn down the work if I have to. However, the UK income would be welcome, particularly so I can save up for a mortgage deposit when I return to the UK in a couple of years time!

Confused! Please help! I need to make a decision quickly so greatly appreciate any comments or pointers.

Thanks in advance.

[Bevdeforges]

There are some technicalities involved, but the fact of your being physically present in the US for more than 183 days in a UK tax year is going to seriously complicate the question of your "residence" for tax purposes (on both sides of the Pond). That's why they limit the B2 visa to 6 months' duration - and then expect you to go home for a significant period of time.

I'll leave to Fatbrit and Twostep the question of whether your plan to renew your B2 visa based on a fortnight back in the UK is even feasible.

In any event, I'd say you're skating on very thin ice.
Cheers,
Bev

[newlyarrived]

Hi Bev,

Thanks for your comments.

I actually have a B2 visa linked to my partner's L1, which means it's valid for 3 years so long as I renew it every 6 months. All the more reason not to mess up my status!

It just seems a shame to turn down this work if there's a way I can do it...

Obviously, I'm happy to pay US tax instead of UK if that makes it legal. Could I declare it on a US tax return as UK income? The amount I'd be earning would fall below my UK personal tax allowance of 6k - not sure if US has a similar system?

Thanks!

[Fatbrit]

Originally Posted by Bevdeforges

TI'll leave to Fatbrit and Twostep the question of whether your plan to renew your B2 visa based on a fortnight back in the UK is even feasible.

This is a special use of the B2 visa for cohabiting partners of non-immigrant visa holders.

You can renew while remaining in the US if you want by petitioning USCIS before your I94 expires -- it's probably slightly cheaper than the airfare.....just!

If you leave to renew, remember to bring the evidence of your cohabiting status with you for CBP in case they ask for it.

[JimJams]

If you're going to be remote working, there's not really much chance of them "catching you", esp since you'll be back and forth to UK anyway, you could claim to have done the work during that period... but that's just my opinion and i know "technically" it is illegal.

I've managed to land myself some contract/freelance work and all it requires is internet access. So I'm gonna grab my laptop and hopefully go to Canada for a month before heading sateside for a month... yup, i won't mention it on my way in!