PR holder outside of UK looking for opportunities in UK

A relative having UK Permanent Residency, currently residing and working in Asia. He had earlier worked in UK but had to relocate during covid time.

He intends to work remotely from home country for a UK-based company either on a permanent or contract basis. He is ok to visit the UK office occasionally for meetings or discussions once in couple of months.

Will there be potential legal and tax issues?

Additionally, he wonders if there are suitable job opportunities for remote work in his field of IT development. He aims to relocate to the UK permanently in about 18 months but wants to explore this work setup in the interim.

I understand that UK companies would prefer someone based out of UK. But, if he can work for lesser pay or rate, it may be a win-win.

stitaprajna wrote: ↑

Mon Oct 02, 2023 6:09 pm

A relative having UK Permanent Residency, currently residing and working in Asia. He had earlier worked in UK but had to relocate during covid time.

He intends to work remotely from home country for a UK-based company either on a permanent or contract basis. He is ok to visit the UK office occasionally for meetings or discussions once in couple of months.

Will there be potential legal and tax issues?


Additionally, he wonders if there are suitable job opportunities for remote work in his field of IT development. He aims to relocate to the UK permanently in about 18 months but wants to explore this work setup in the interim.

I understand that UK companies would prefer someone based out of UK. But, if he can work for lesser pay or rate, it may be a win-win.

This isn't an immigration question, and this isn't a job site either.

Permanent Residency is not a term generally associated with UK immigration.

Does your friend have ILR issued under the UK Immigration Rules or Settled Status under Appendix EU?

If the former, be aware that the ILR status lapses automatically after any continuous absence of 2 years.

If your friend has been away from the UK since the Covid pandemic, that sounds like he had been away for more than two years and his ILR had already lapsed.

If your friend has Settled Status under Appendix EU, different rules apply.

So the first thing to clarify is, what does your friend have (ILR or Settled Status) and (b) how long has he been outside the UK?

secret.simon wrote: ↑

Mon Oct 02, 2023 10:00 pm

Does your friend have ILR issued under the UK Immigration Rules or Settled Status under Appendix EU?

Yes, he has ILR.

secret.simon wrote: ↑

Mon Oct 02, 2023 10:00 pm

If your friend has been away from the UK since the Covid pandemic, that sounds like he had been away for more than two years and his ILR had already lapsed.

He was back in UK in between for and did some contracting till April 2022 and then went back to home country.

secret.simon wrote: ↑

Mon Oct 02, 2023 10:00 pm

If your friend has Settled Status under Appendix EU, different rules apply.

Is Appendix EU related European Union? He is from Asia.

secret.simon wrote: ↑

Mon Oct 02, 2023 10:00 pm

So the first thing to clarify is, what does your friend have (ILR or Settled Status) and (b) how long has he been outside the UK?

ILR
Since April 2022.

We are not a tax forum and hence won't advise you on any tax issues. What we can is advise on immigration issues.

Any continuous absence of more than two years automatically voids the ILR. Any leave, whether definite or indefinite, lapses automatically if the person's absent from the UK for more than two years.

But even if the absences are not that long, each time they enter the UK, they will be asked by the immigration Officer the reason for their entry. And if the Immigration Officer at the border concludes that your friend is no longer resident in the UK, but is only visiting, they have the authority to cancel the ILR.

Famously, short visits do not maintain ILR status. You friend needs to be returning to reside in the UK.

ILR is issued for the purpose of the person holding ILR to actually be resident in the UK, with some visits abroad. It looks like your friend is trying to do the reverse and it is possible for his ILR to be revoked because he is not resIdent any more in the UK.

It would be in his interest to consider his long term goals before deciding where he wants to be resIdent and work towards it. He may want to factor in that he may lose his ILR, which he may have spent time and money to acquire, if he is absent too long from the UK.

And to clarify, he needs to be "ordinarily resident" in the UK. Working for a UK company doesn't count. He needs to be residing in the UK, not merely in terms of tax residency.

Further to the advice given by secret.simon, was his passport stamped as a visitor by the UK Border Officer at any time on entry?