ICT T2 and moving countries

[lizch]

Hi All

I wonder if you can help me here!
I have an ICT T2 visa holder, who is also a US national. His father recently became gravely ill and we allowed him to travel to the US to be with him, working out of his home in the US whilst he served compassionate leave.

It now seems that his father is not as ill as he once said, however our employee remains over in the US. Our Company is happy for him to continue working from there, however we are unsure of his status.

We are also unsure on the legal position this has put us in. It seems, by all accounts, that our said employee will not be returning to the UK and has asked if he can submit his taxes over in the US rather than UK. He is currently being paid over here in the UK and is paid in GBP.

Any help and guidance would be appreciated
thank you

[CR001]

My understanding is that if the sponsored employee is no longer working in the UK for the UK sponsor, you have an obligation to inform Home Office and the visa will be curtailed/cancelled.

Edit : employer corrected to 'employee'

[lizch]

Thank you for your response - however the Employee is working for us - however just not in the UK, they are working from the US. We have an office in the US, however the US office will not have him there due to internal conflict...

Does this change your advice you already have given?

Thank you so much in advance