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Non-resident UK Employee (working remotely from abroad)

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ashtag06
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Non-resident UK Employee (working remotely from abroad)

Post by ashtag06 » Fri Feb 19, 2021 1:37 pm

I am a UK national, my wife a Singaporean national. She has been working in the UK for the past 5 years under a spousal visa and her visa is to expire in October 2021.

I know there's a "no family discussion" on this board, but this situation is less to do about family and more to do with implications around remote working and digital nomadism.

Ther are conflicting statements from legal personnel on line, which state that a non-UK citizen does not require a UK work visa if they are living and operating from abroad - I presume this is incorrect?

In essence, what I'm trying to work out, is whether she could continue to work in her UK job from abroad once her visa expires.

As remote working abroad is such a contemporary thing, it's quite hard to work out what is and isn't acceptable/possible.

Cheers

secret.simon
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Re: Non-resident UK Employee (working remotely from abroad)

Post by secret.simon » Fri Feb 19, 2021 2:45 pm

ashtag06 wrote:
Fri Feb 19, 2021 1:37 pm
I know there's a "no family discussion" on this board
Not sure what you mean by that. There is an Immigration for family members forum on this site.

Whether your wife can work from abroad or not is a matter for an employment forum, not an immigration forum.

She needs a visa if she were to reside in the UK and work here. If she is employed by a UK firm as an overseas employee, she likely does not need a visa as she is not living or working in the UK.

Be aware that for her to apply for ILR and subsequent British citizenship, she does need to be in the UK. If she is abroad and does not apply for ILR, she may very well have to restart her whole immigration journey from zero.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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ALKB
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Re: Non-resident UK Employee (working remotely from abroad)

Post by ALKB » Sun Feb 21, 2021 10:21 am

ashtag06 wrote:
Fri Feb 19, 2021 1:37 pm
I am a UK national, my wife a Singaporean national. She has been working in the UK for the past 5 years under a spousal visa and her visa is to expire in October 2021.

I know there's a "no family discussion" on this board, but this situation is less to do about family and more to do with implications around remote working and digital nomadism.

Ther are conflicting statements from legal personnel on line, which state that a non-UK citizen does not require a UK work visa if they are living and operating from abroad - I presume this is incorrect?

In essence, what I'm trying to work out, is whether she could continue to work in her UK job from abroad once her visa expires.

As remote working abroad is such a contemporary thing, it's quite hard to work out what is and isn't acceptable/possible.

Cheers
She needs work permission in the country where she is physically located while performing the work.

If that country is her country of citizenship, then the issue is one of tax and social contributions, health care, etc. depending on how the country's systems are set up. She will have to sort this out with her employer, HMRC and the respective authorities in the country where she works.

If she is in a third country (neither UK nor one she holds citizenship of) then she needs to comply with all the laws of that country - having the right to work, paying taxes and social contributions into that country's system or whatever that country requires.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

vinny
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Re: Non-resident UK Employee (working remotely from abroad)

Post by vinny » Sun Feb 21, 2021 10:50 am

See also Staying limit outside UK. She should return to the UK and subsequently apply for ILR before her leave expires. Else, there’s a risk that she may have to restart the whole 5-year process afresh.
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