Outside UK employee

entrepreneur123 · Post by **entrepreneur123** » Thu Feb 04, 2016 12:14 am

I got British employee. But he is moving to Europe. Now can I continue to keep him employee? As he is doing most of the stuff from home? Or will it create any problem later on with ukba?

entrepreneur123 · Post by **entrepreneur123** » Thu Feb 11, 2016 11:21 am

Still waiting for your kind reply

zimba · Post by **zimba** » Thu Feb 11, 2016 11:51 am

entrepreneur123 wrote:I got British employee. But he is moving to Europe. Now can I continue to keep him employee? As he is doing most of the stuff from home? Or will it create any problem later on with ukba?

You should hire a settled worker but I think that does not means they must live in the uk.
According to Immigration rules paragraph 6, a “settled worker” means a person who:

(i) is a national of the UK,
(ii) is a person with a right of residence in accordance with the Immigration (European Economic Area) Regulations 2006 or, except where that person is subject to worker authorisation, the regulations made under section 2 of the European Union (Accessions) Act 2006 in combination with section 2(2) of the European Communities Act 1972 or the regulations made under section 4 of the European Union (Croatian Accession and Irish Protocol) Act 2013,
(iii) is a British overseas territories citizen, except those from Sovereign Base Areas in Cyprus,
(iv) is a Commonwealth citizen with leave to enter or remain granted on the basis of UK Ancestry (paragraphs 186 to 193 of these Rules), or
(v) has settled status in the UK within the meaning of the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999, and the Nationality, Immigration and Asylum Act 2002.”

moongesture · Post by **moongesture** » Thu Feb 11, 2016 12:02 pm

entrepreneur123 wrote:Still waiting for your kind reply

As far as law is concerned if employee is genuinely working for business location does not matter.

Here you need to explain what kind of work is being done by him/her which doesn't need to be linked geographically with your business location. It will also be difficult to define No: of Hrs employee worked.

Normally if someone employed by a business which is offshore/overseas, this could be either a out sourced or contractual job and work oriented or independent contract etc.

That's only my understanding.

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