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Is it legal to use a Tier 2 migrant in plug & play way between UK & outside UK payrolls, as per project availability?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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good_day
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Joined: Tue Jun 04, 2019 6:21 pm
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Is it legal to use a Tier 2 migrant in plug & play way between UK & outside UK payrolls, as per project availability?

Post by good_day » Tue Jun 04, 2019 6:32 pm

I'm a Tier 2 migrant who is working here in UK since mid of Feb 2019, with occupation code as 2135 (RQF 6) and in experienced worker category (appropriate salary right now is £35,800 as per UKVI. https://www.gov.uk/guidance/immigration ... illed-work)

I came with pay of £35,600 in CoS in Feb'19, which I think was appropriate salary at that time.

In between my employer sent me to my native country to handle work in local office there (for full of Apr'19 and 1 week of May'19) and paid full/pro-rated salary there, and zero pay in UK. Is it legal, since I won't be meeting appropriate UK salary limit at the end of the financial/tax year?

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One more query, my apologies if this is not the right forum; I'd appreciate if you can guide me to the right forum.

The employer deducted 'Salary Sacrifice' as part of monthly pay here in UK, which was said to be maintained as pension with Scottish Widows.

Despite asking many times over 2+ months, no login details were shared for pension portal. I opted out at the end of 2 months, but what is the legal/regulatory way for me to get the two months' 'salary sacrifice' back as it was deducted with no prior intimation/consent.

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For the actual guidance from UKVI, refer Tiers 2 and 5: guidance for sponsors here: https://assets.publishing.service.gov.u ... _FINAL.PDF

Clause 26.20 onwards covers salary information, unpaid leave and reduction in salary:
26.27) Migrants sponsored under Tier 2 or Tier 5 (Temporary Worker) can take short
periods of unpaid leave but you must stop sponsoring a migrant who is absent
from work without pay for 4 weeks or more in total in any calendar year. The
only exceptions to this are where the unpaid absence is for one or more of the
following reasons:
• statutory maternity leave
• statutory paternity leave
• statutory parental leave
• statutory shared parental leave
• statutory adoption leave
• sick leave
• assisting with a national or international humanitarian or environmental
crisis overseas, provided you agreed to the absence for that purpose
• taking part in strike action as part of a legally organised industrial action

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