Moving to Norway from UK but still want to work for UK comp?

[madona587]

Hi Guys,

I'm on a Tier2 visa working for a company in UK.

I'm married to a Norwegian national. My wife currently lives in Norway and we have a 6 month old baby together. My wife lived in UK with me for over an year after we got married but left to Norway for the birth of our son. We been married 2 years now.

Now my wife is planning to sponsor me to Norway as we are planning to settle down there permanently. (Family permit) However my company doesn't want to let me go so they offered me the job as in I can work from Norway but they asked me to visit the Office in UK every month for a week at least to attend meetings etc. I work in IT so I can work from Home online (Norway) If this happens I will still be employed by them and paid as well.

Now the big question. How can I do this?

1. Can I enter UK with a NON Eu passport but with a Norwegian permanent resident stamp on my own ? Do I need a visa?
2. If I can enter UK without a visa do I have the right to work in UK ?
4. Can my wife accompany me every time I come to UK and if so do I have the right to work here ?
5. Is there any business visit categories applicable to me? My company doesn't have branches anywhere.
6. My company is a A rated sponsor so can they help in any way ?

Worst case scenario can I stay and work from Norway without visiting UK at all ? (Atleast until I get a Norwegian citizenship) Is this illegal ?

The whole thing is so confusing. Thanks for any advice on this.

[manci]

Had you made your initial entry clearance application from the position that you will be in when you move to Norway your employer would have assigned a multiple-enty CoS to you which is for migrants based abroad, see para 515 of the T2 sponsor guidance :

515. If the work that your are sponsoring a Tier 2 or Tier 5 migrant to do means that they will need to travel in and out of the UK on a regular basis, you can choose to tick the ‘multiple entry’ box when you assign their CoS. If you do this, it does not involve any additional benefits or restrictions on the migrant’s ability to travel, but it does help to indicate their intentions and likely travel plans to us. ‘Multiple entry CoS’ holders must, like other applicants, obtain prior entry clearance.

However, you cannot apply for a new entry clearance based on a new multiple-entry CoS now because you would be caught by the cooling-off rule.

The wording of 515 (above) is rather vague: "you can choose to tick the ‘multiple entry’ box....."

In the first instance suggest that you or your employer rings the UKBA employer helpline (0300 123 4699) to ask for advice (making a note of the date/time of the telephone conversation and name of the advisor as all calls are recorded). If you ring yourself you don't have to give your name, just speak as if you were an employer.

Worst case scenario can I stay and work from Norway without visiting UK at all ? (At least until I get a Norwegian citizenship) Is this illegal ? - of course not, a UK company can employ people who work outside the UK (but you would need to sort out your tax situation)

[madona587]

Manci. Many thanks. I never knew about the Multiple Entry COS. wow..

I'm going to get my MD to ring UKBA helpline.

Thanks for your answer

If anyone has similar situation and have any solutions please reply. Thanks.

[geriatrix]

1. Since your wife is not in the UK therefore not exercising treaty rights in the UK, you will not be able to come to UK on a EEA family permit (unless accompanied by your wife on each such visit).
2. No, unless your wife is in the UK exercising her treaty rights (employed, self-employed, student with private medical insurance, self-sufficient person).
3. Yes. No, for the same reason as above.
4. Business visiters.


Tier 2 leave to enter / remain is not for migrants working outside the UK for a UK employer / sponsor. It is for migrants intending to work in the UK - who may or may not be required to (temporarily) travel outside the UK on employment related assignments. So, CoS approval may not come through if you are to be "employed in Norway".

[manci]

The place of work will be partly in the UK and partly in Norway. It may be sufficient to do nothing under the terms of the present T2G visa except for the employer to report the dual work location and the migrant to do the same in way of amending his contact details.

Although academic in this case, "A multiple entry certificate of sponsorship may be issued to a migrant based overseas who needs to enter the United Kingdom on a regular basis." The purpose of entering the UK would clearly be for work but this does not preclude the migrant also working overseas while being based (i.e. residing) there.

[madona587]

Thanks for the replies.

Since I'm already on a T2G can I just go to Norway and send a change of circumstances where my address has changed ? So this means technically I'm out of UK. But like Sushdmehta said T2G for migrants who want to live and work in UK. So not sure how this will work Manci ?

I was thinking; First I leave UK and go to Norway then from Norway ask my employer to inform UKBA that I left and cancel my sponsorship. Then request a new COS (Restricted ?) with Multiple entry as mentioned by Manci ?

Now this has me very confused

Thanks guys

[manci]

Thanks for the replies.

Since I'm already on a T2G can I just go to Norway and send a change of circumstances where my address has changed ? So this means technically I'm out of UK. But like Sushdmehta said T2G for migrants who want to live and work in UK. So not sure how this will work Manci ? In my view the key is that you would be working both in the UK (1 week/month) and in Norway (3 weeks/month) and in this case notification of UKBA both by the employer and you of your two working/living addresses may be sufficient. Would be interesting to hear Sushdmehta's view on this

I was thinking; First I leave UK and go to Norway then from Norway ask my employer to inform UKBA that I left and cancel my sponsorship. Then request a new COS (Restricted ?) with Multiple entry as mentioned by Manci ? as I mentioned earlier this would not work because you would be subject to the 12 month cooling-off period as per Immigration Rule 245HB(g).
Now this has me very confused

The option of being employed by the company in Norway (for which no sponsorship would be required) and coming to the UK as a business visitor could also be explored. See Immigration Rule 46G:
http://www.ukba.homeoffice.gov.uk/polic ... les/part2/
Thanks guys

[geriatrix]

If the sponsor has no offices overseas, how will the sponsor prove that the sponsored migrant is "employed overseas" and requires frequent travel to UK for employment / business purposes?

The way I see it - the OP wishes to live in Norway but wishes to remain employed with a UK sponsor which has no overseas office in Norway. OP will be working from home in Norway but may be required to travel to UK to attend meetings etc. as and when required (1 week every month).

So, the question is - Is Tier 2 sponsorship the appropriate immigration category for the OP? In my view, no!! I don't know how a sponsor will have a CoS approved in such circumstances (but I will go with manci's response here as he/she is much more knowledgeable in this matter than I am).

IMHO, business visitor is the appropriate category to apply for. After OP has made some regular trips to UK as business visitor over a year or so, he may apply for a long-term business visit visa (2 /5 years duration, IIRC).

Questions that come to my mind - if OP intends to live in Norway for good, why go about with the hassle of Tier 2 sponsorship just to be able to come to UK to attend meetings? Should business visitors come to UK as Tier 2 migrants approved on basis of "multi-entry CoS" to attend internal meetings etc. instead of using the appropriate "business visitor" category?

[madona587]

Thanks guys

So If what Manci was saying is correct all we have to do is inform UKBA about the circumstances and simply move to Norway? When I have to visit I simply travel back on Tier2 ? (If UKBA approves this)

If this works then its so much easier for me

As for business visitor the problem is I'm reading that I can't be employed by a company in UK? This is a potential problem though..

46H A person seeking leave to enter to the United Kingdom as a Business Visitor may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, study and recourse to public funds, provided the Immigration Officer is satisfied that each of the requirements of paragraph 46G is met.

Remember its not just meetings; I will be actively involved in other work as well. The reason I come to UK is so I can be briefed on projects and stuff. Including meeting with teams etc..

Also According to Norwegian laws I have to live in Norway for 3 years to be eligible for a citizenship and within that 3 years I can't be out of the country for more than 7 months. So I want to make sure I don't go over this either. Thats why I have to visit 5-6 days a month.

Should business visitors come to UK as Tier 2 migrants approved on basis of "multi-entry CoS"

Million dollar question

Can someone point me in the right direction about business visit possibilities for my situation ? To me it seems impossible.

Thank you.

[manci]

Consider the analogy of a business development manager (SOC code 1132) whose remit is to develop the company's business overseas, say, selling tractors. He is likely to spend most of his time outside the UK. The company doesn't have offices overseas. If this is accepted as a valid analogy even though, unlike the business development manager, Madona doesn't have to, but can, do part of his work outside the UK then the employer and Madona wouldn't even have to inform UKBA of anything (unless his UK contact address changes). UKBA would not be interested in his address in Norway which, using the parallel with the business development manager, would not even need to be a fixed address.

It may or may not have been included in the business development manager's job description summary in the CoS that most of his work would be overseas but I doubt if this is particularly important or that it would have had any bearing on the validity of the CoS if it had not been.

Even if there is a flaw in this argument (is there?) the present situation is not about assigning a new CoS but continuing the permitted employment under the conditions of an extant leave. There is no "change of employment" as defined by UKBA provided Madona's core duties and SOC code remain the same and his pay is not reduced.

Madona, have you or your MD contacted the UKBA employer helpline yet? Note that the quality of the staff who answer the phone varies a lot and one needs to be lucky to speak with a knowledgable person (if there is any doubt one can ask for referral to a supervisor or call more than once and compare answers)

[madona587]

Consider the analogy of a business development manager (SOC code 1132) whose remit is to develop the company's business overseas, say, selling tractors. He is likely to spend most of his time outside the UK. The company doesn't have offices overseas. If this is accepted as a valid analogy even though, unlike the business development manager, Madona doesn't have to, but can, do part of his work outside the UK then the employer and Madona wouldn't even have to inform UKBA of anything (unless his UK contact address changes). UKBA would not be interested in his address in Norway which, using the parallel with the business development manager, would not even need to be a fixed address.

It may or may not have been included in the business development manager's job description summary in the CoS that most of his work would be overseas but I doubt if this is particularly important or that it would have had any bearing on the validity of the CoS if it had not been.

Even if there is a flaw in this argument (is there?) the present situation is not about assigning a new CoS but continuing the permitted employment under the conditions of an extant leave. There is no "change of employment" as defined by UKBA provided Madona's core duties and SOC code remain the same and his pay is not reduced.

Madona, have you or your MD contacted the UKBA employer helpline yet? Note that the quality of the staff who answer the phone varies a lot and one needs to be lucky to speak with a knowledgable person (if there is any doubt one can ask for referral to a supervisor or call more than once and compare answers)

Manci, I really appreciate your time and effort here. My MD is quite busy these days so when he gets some time we will speak to UKBA. Also my sponsorship to Norway hasn't been sent yet so I got lot of time left. But will contact UKBA and update this thread.

So If your first point is accepted by UKBA then I have to change my job to something like business development manager before leaving UK. I hope it pays well so my boss will be forced to pay me more

[manci]

Consider the analogy of a business development manager (SOC code 1132) whose remit is to develop the company's business overseas, say, selling tractors. He is likely to spend most of his time outside the UK. The company doesn't have offices overseas. If this is accepted as a valid analogy even though, unlike the business development manager, Madona doesn't have to, but can, do part of his work outside the UK then the employer and Madona wouldn't even have to inform UKBA of anything (unless his UK contact address changes). UKBA would not be interested in his address in Norway which, using the parallel with the business development manager, would not even need to be a fixed address.

It may or may not have been included in the business development manager's job description summary in the CoS that most of his work would be overseas but I doubt if this is particularly important or that it would have had any bearing on the validity of the CoS if it had not been.

Even if there is a flaw in this argument (is there?) the present situation is not about assigning a new CoS but continuing the permitted employment under the conditions of an extant leave. There is no "change of employment" as defined by UKBA provided Madona's core duties and SOC code remain the same and his pay is not reduced.

Madona, have you or your MD contacted the UKBA employer helpline yet? Note that the quality of the staff who answer the phone varies a lot and one needs to be lucky to speak with a knowledgable person (if there is any doubt one can ask for referral to a supervisor or call more than once and compare answers)

Manci, I really appreciate your time and effort here. My MD is quite busy these days so when he gets some time we will speak to UKBA you can call UKBA yourself, you don't have to give your name or any specifics, just speak as if you were making an enquiry on behalf of an employer. Also my sponsorship to Norway hasn't been sent yet so I got lot of time left. But will contact UKBA and update this thread.

So If your first point is accepted by UKBA then I have to change my job to something like business development manager before leaving UK. I hope it pays well so my boss will be forced to pay me more no, you misunderstood. The business development manager was just as example of a job similar to yours where a sponsored T2 migrant works partly abroad and partly in the UK. My current thinking is that you have to do nothing and can take up the new work pattern (1 week UK, 3 weeks Norway) without you or your employer needing to communicate with UKBA at all