Working remotely temporarily whilst on Tier 2

Hello,

Is it possible for a tier 2 worker to work from their home country for a limited period of time (up to a couple of months) to stay close with their family during this pandemic?

I can see that tier 2 employees can work from home due to the pandemic: https://www.gov.uk/guidance/coronavirus ... -from-home

But is it possible for them to work overseas?

Should be fine

The basic answer is no you can’t opt to work outside of the UK due to COVID and maintain sponsorship. Your sponsor should have reported that you have returned to your country and by default your visa should have been curtailed as you are no longer working in the UK.

If you got stuck in your home country say on an annual leave visit because you were unable to return that is a different circumstance.

It all comes down to the circumstances really.

I am in a similar situation (tier 2, left London in the first lockdown to work remotely in my home country in order to be near family for childcare help) and have read on many immigration law blogs that it is fine. My own employer has not complained, and I read that UK employers received instruction from the home office that do not need to report absences from the workplace during covid if they have people working remotely from home, in the UK or their home country.

I think the questionable thing how the absence will be treated in the future if you apply for ILR given the typical requirement for no more than 180 days absent per any 12 month period.

You may write to CIH@homeoffice.gov.uk to seek advice

I am not aware of any instruction or guidance from the Home Office that states it is acceptable to opt to return to your home country and work remotely.

Can you please share where this is stated please?

Frontier Mole wrote: ↑

Sat Jan 23, 2021 12:49 am

I am not aware of any instruction or guidance from the Home Office that states it is acceptable to opt to return to your home country and work remotely.

Probably this page on the Gov.UK website.

am2203 wrote: ↑

Fri Jan 22, 2021 8:50 pm

I read that UK employers received instruction from the home office that do not need to report absences from the workplace during covid if they have people working remotely from home, in the UK or their home country.

I could not find any source for guidance about people working from outside the UK.

Don't confuse "working from home" and "working from home country". While the government is encouraging working from home if you can, I think there can be repercussions if a Tier 2 sponsored worker is working from outside the UK itself. The "home" in this context is your home in the UK.

Even assuming that the employer does not notify the government of where the employee is working from, entry and exits from the UK would be filed with the Home Office via the Advanced Passenger Information that one has to file when entering and exiting the UK.

I think many Tier 2 holders are misunderstanding the UK rules for working from home due Covid-19. I speak for some people I know outside this forum who have been wondering the same.

The guidance for sponsors, the UK official website listed above, is pretty clear as pointed out, it says:

"You do not have to notify us if you’re sponsoring employees who are working from home due to coronavirus.

Other changes to their working arrangements must still be reported as usual."

Home is your residential address in the UK, it is not referred to home country. Sponsors still need to report to the HO any absence.

It also doesn't specify any special provision to travel for parenting, looking after parents, properties, etc. Whatever we read in any solicitor's or third party websites regarding this should be seen with caution.

If this was that easy and flexible, I believe almost every single Tier 2 holder would have left the UK and headed their home country to work from there. It's not fun for anyone to be in the middle of a pandemic far away from family.