Potential employee - international travel and residency

I am an existing sponsor and we are recruiting an employee who would have a Tier 2 (General) visa. She is an Australian national living in Belgium at the moment. The work she would be doing is international and includes significant travel mainly within the EU but also globally. She would remain living in Belgium but work exclusively for us and be paid through us completely (A UK based company). Are there UK residency requirements I need to be aware of that would conflict with her residing in Belgium? If she were to have the Tier 2 visa, are there any restrictions on where the work actually takes place?

A Tier 2 General visa holder should be working in the UK, salary paid in the UK and paying the relevant taxes. It is not a visa which implies she can work from anywhere in the world. There are residency requirements and absence limits for this visa category.

Does she have a work permit or similar to be able to work in Belgium?

Thanks for the reply.

Her salary would be paid by us (UK based company) and she would pay the relevant taxes. Our work is 90% international and highly specialised - most of her assignments would take place in Brussels and other EU locations. I was told absence limits only become significant when applying for indefinite leave to remain. If not, what are the absence limits for this visa category?

She currently works for a Belgian company who sponsor her Belgian visa. We would be unable to provide her with a Belgian work permit as we are not based there and she isn't being paid by a Belgian company.

Is there a different visa I should be applying for?

Absence limits for this visa are no more than 180 days in any 12 month cycle and yes, it is relevant for ILR.

A Tier 2 General visa does not permit her to work in Belgium. It is a UK based visa not an EU wide visa.

annabethm wrote:Thanks for the reply.

Her salary would be paid by us (UK based company) and she would pay the relevant taxes. Our work is 90% international and highly specialised - most of her assignments would take place in Brussels and other EU locations. I was told absence limits only become significant when applying for indefinite leave to remain. If not, what are the absence limits for this visa category?

She currently works for a Belgian company who sponsor her Belgian visa. We would be unable to provide her with a Belgian work permit as we are not based there and she isn't being paid by a Belgian company.

Is there a different visa I should be applying for?

As a non-EU citizen she would only be able to enter the Schengen zone for 90 days in every 180 and would not be permitted to work, aside from attending meetings, etc, so in order your this plan to work she'd need a work permit for each EU state she is to work in, and for that your company would need a presence in said States.

It seems fairly clear you need to:
1) Set up a Belgian subsidiary with Belgian office and sponsor staff by means of the Belgian equivalent of a Tier 2 visa (whatever that may be).

Or else
2) Hire an EEA national.

The talent pool can't be that small. If it is so specialist (therefore valuable therefore lucrative) then surely you can afford #1