can employees living outside the uk count?

bkallday · Post by **bkallday** » Sun Jul 14, 2013 2:18 am

dear all,

in regards to employees needed to be hired...

can they be UK settled persons, however living in another country?? is this allowed? For instance for "research purposes" as well as setting up a distribution network...

Salary would be paid into uk bank account as well as PAYE and NI being paid as well....

Awaiting response and thank

solomondid · Post by **solomondid** » Sun Jul 14, 2013 3:09 am

I think NO it wouldnt help, but this is just my opinion please wait for experts

Darvesh · Post by **Darvesh** » Sun Jul 14, 2013 4:09 am

how a person not living here will be employed by a local business though person is settled person?

avoid complication and better hire somebody from within uk...

desibabu · Post by **desibabu** » Sun Jul 14, 2013 12:45 pm

NO. They do not consider employees outside UK. Its clearly stated in policy guidance to employee someone in the UK

tuliprose · Post by **tuliprose** » Sun Jul 14, 2013 5:54 pm

No, it does not count.

Your employees must be settled (UK Permanent Residents or UK Passport Holders) or EU citizens.

In other words you cannot employ somebody who needs visa to stay in the country, i-e Students, Work Permit Holders, Tier 1 General etc. Your employees must be free from immigration control.

bkallday · Post by **bkallday** » Sun Jul 14, 2013 11:07 pm

guys!

thanks for the input...i understand what you are saying...

lets say one of my employees is a settled BRITISH CITIZEN living in australi

they are on my payroll and paying paye and NI and tax and everything..

however they are living in australia basically doing research on setting up a branch there...would that work? why not?

rahulsingh1 · Post by **rahulsingh1** » Mon Jul 15, 2013 9:23 am

I don't see why not ?

If the employee is a British Citizen and paid in £ in the UK and PAYE and NI being paid.

You have all documents you require to submit for visa extention

Which are:

Pay slips
P60s
P11s

How would UKBA know or care where the employee is living ? Its not part of the information asked in the application anywhere..

Any comments ?

RizKCB · Post by **RizKCB** » Mon Jul 15, 2013 10:25 am

Logically rahulsingh1 is correct:

I would add two more things in the listed docs:

1: Local bank where salary is going
2: Local UK address of the person (As he is NI, P60, P11s holder)

Post by **vinny** » Mon Jul 15, 2013 11:42 am

A person who is resident outside the UK cannot be a settled person in the UK.

rahulsingh1 · Post by **rahulsingh1** » Mon Jul 15, 2013 12:25 pm

Thanks RizKCB -

Can you clarify by what you mean by point 1 & 2 ? As in, which document exactly are you refering to here ?

Do you mean by point 1, that we need to provide bank document of the employee as well ??

- if this is what you mean, then This has not been asked by UKBA in the required docs, and is not even possible as it is some one else's bank document. Not the applicants. And it is not possible to ask your employee for their bank statements.

RizKCB wrote:Logically rahulsingh1 is correct:

I would add two more things in the listed docs:

1: Local bank where salary is going
2: Local UK address of the person (As he is NI, P60, P11s holder)

rahulsingh1 · Post by **rahulsingh1** » Mon Jul 15, 2013 12:31 pm

You are right in the link pasted.

But here is the text from the link -
"Settled status

You are normally resident in the United Kingdom with no immigration restriction on the length of your stay. To be free of immigration restriction you must have the right of abode or indefinite leave to enter or remain in the United Kingdom."

A British citizen living abroad/travelling frequently lets say- is free from immigration restriction and has right of abode in the UK.

So employing such a person ( british citizen/ living abroad/travelling frequently in other words) should be fine technically ?

vinny wrote:A person who is resident outside the UK cannot be a settled person in the UK.

RizKCB · Post by **RizKCB** » Mon Jul 15, 2013 12:52 pm

I meant that the salary of an employee is paid in the local bank of UK and obviously that employee would have a local address. It should not be paid in Australian bank with an employee's address in Australia, even if that employee is British citizen.

It never means that you have to show account statement of an employee. All the accounts of company justifies various transaction to an employee in the form of salaries and related PAYE and NI.

rahulsingh1 · Post by **rahulsingh1** » Mon Jul 15, 2013 1:08 pm

yup agree.

The P45 /P46 should have a UK address.

RizKCB wrote:I meant that the salary of an employee is paid in the local bank of UK and obviously that employee would have a local address. It should not be paid in Australian bank with an employee's address in Australia, even if that employee is British citizen.

It never means that you have to show account statement of an employee. All the accounts of company justifies various transaction to an employee in the form of salaries and related PAYE and NI.

bkallday · Post by **bkallday** » Tue Jul 16, 2013 11:20 am

exactly guys

1) rahul - agree with you it could be a settled british citizen that travels the world and works for me from his computer - no mention of this so i am ok

2) as for documents - ur right, ukba only needs p11s and p45s and pay slips - so we are also ok here - they dont ask for address and bank account of employees - HOWEVER this will be evident on p45 / p60 and could be checked up on...

any thoughts?

ekbe01 · Post by **ekbe01** » Tue Dec 18, 2018 5:34 pm

Dear Forum,
I'm posting this in an old thread as I have exactly the same question.

I'm considering hiring a UK citizen who is only spending about 90 days a year in the UK and is mostly based in Germany. The work can be done entirely online, we do not have an office as such. This person has a British passport, has an address in the UK (proved by Council tax bill), NIN and a British account.

I have all the papers stated in the Guidance to prove that this person has a settled status in the UK (which is a passport, full stop). Also, "What is a settled worker?" section defines a ‘settled worker’ as a person who is a national of the UK without any comments about where this person lives.

Forum: What do you think about this situation and will this job count towards job creation? Will this person be considered as "settled" in the UK?

bkallday did you hire that British citizen living in Australia? How did your case develop, please?

Thank you!

Post by **CR001** » Tue Dec 18, 2018 5:35 pm

ekbe01 wrote: ↑
Tue Dec 18, 2018 5:34 pm
Dear Forum,
I'm posting this in an old thread as I have exactly the same question.

I'm considering hiring a UK citizen who is only spending about 90 days a year in the UK and is mostly based in Germany. The work can be done entirely online, we do not have an office as such. This person has a British passport, has an address in the UK (proved by Council tax bill), NIN and a British account.

I have all the papers stated in the Guidance to prove that this person has a settled status in the UK (which is a passport, full stop). Also, "What is a settled worker?" section defines a ‘settled worker’ is a person who is a national of the UK without any comments about where this person lives.

Forum: What do you think about this situation and will this job count towards job creation? Will this person be considered as "settled" in the UK?

bkallday did you hire that British citizen living in Australia? How did your case develop, please?

Thank you!

DO NOT dig up topics that are more than 5 years old to tag onto!!! The rules have moved on since 2013!!! None of the members in this topic are active on the forum anymore.

You have your own topic, post your questions there.

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can employees living outside the uk count?

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