New case on working holiday-makers

The UK Immigration rules make provision for young people, aged 17 to 30, from certain countries, currently the countries of the Commonwealth, to come to the UK for up to two years as working holiday-makers. One requirement is that a working holiday-make

‘is intending only to take employment incidental to a holiday, and not to engage in business, or to provide services as a professional sports person, and in any event not to work for more than 12 months during his stay’.

In AK (Bangladesh) [2007] UKAIT 00064 the Asylum and Immigration Tribunal (AIT) were asked to address the question of work for not more than 12 months.  In particular they were asked to consider whether a working-holidaymaker could work for more than 12 months if s/he worked part time.  The AIT held, dismissing AK’s appeal, that a working holidaymaker can work for no more than 12 months of the two years.  It makes no difference if, during those 12 months, s/he only works part time.  Twelve months is still the maximum.  For the other twelve months the applicant must not work.  This is part of ensuring what is central to the category: that the work is incidental to the holiday and not the main purpose of the visit.

Alison Harvey, Gherson and Co.