ILR on tier2 visa VS working remotely (for a short time)

[alex-grant]

Hi guys,

I haven’t found similar case on the forum, so decided to start new topic on that.


In order to get ILR, one of the conditions to be compliant with, is “to have 5 year continuous lawful period in UK"

According to “Calculating continous period in UK” (https://www.gov.uk/government/uploads/s ... -v15.0.pdf) doc, p. 16

* "absences must be consistent with, or connected to, the applicant’s sponsored or permitted employment or the permitted economic activity being carried out in the UK - for example, business trips or short secondments.”
* This also includes any paid annual leave which must be assessed on a case by case basis and should be in line with UK annual leave entitlement for settled workers.
* Short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave.
* Evidence in the form of a letter from the employer which sets out the reasons for theabsences, including annual leave, must be provided.
* However, time spent away from the UK for extended periods, particularly if the business no longer exists, would not be allowed.

So the question is - will working remotely from other country for short periods (up to 2 weeks), if it is agreed with the employer (and employer will provide letter, stating that I worked remotely), break the "continuous period"?
What does it mean - time spent away form the UK for extended periods? Will letter from employee saying it was OK with that work?




As particular example, I'm planning to go to my country of origin for a single period of 1 month: 2 weeks as on holidays and then 2 weeks working remotely, with the purpose is to visit family and friends for longer time that amount of holidays allow), and now I wonder if it put my future ILR application on risk.

Being out, I still continue to be UK resident: I pay taxes, rent, my salary goes in to my bank account in UK. So this makes me think that it should be OK. However as the law is not formulated explicitly, I wonder how is it applied to this particular case?

[iworker]

as long as u are out for less than 180 days, u should be fine.
You would still need a letter from employer to say that it was agreed.

[Djsuccess]

as long as u are out for less than 180 days, u should be fine.
You would still need a letter from employer to say that it was agreed.

less than 180 days/ year

[alex-grant]

So just to confirm my understanding - working remotely abroad when approved by the employer is ok, as it's considered to be consistent/connected to my employment in UK, i.e. is allowable absence which does not break continuity period, is that correct statement?



Thank you guys very much for the answer!