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Tier 2 - working remotely outside the UK and impact on ILR?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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questions4
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Tier 2 - working remotely outside the UK and impact on ILR?

Post by questions4 » Tue May 15, 2018 10:56 pm

My wife has a UK Tier 2 General visa and her employer is prepared to let her work remotely for a few days per year so that she can spend a few more days staying with her family outside the UK. These would otherwise be normal paid work days. Does anyone have any experience about whether or not that would impact her continuous UK 5-year residence requirement for an ILR application later?

She won't be spending anywhere close to 180 days outside the UK in any 12-month period - working remotely will likely amount to less than an extra 10 days per year on top of annual leave. She also sometimes has 2-3 short business trips per year, but not for much more than a week each.

I read in the Home Office document "Indefinite leave to remain: calculating continuous period in UK" that any trips outside the UK for a Tier 2 General visa must be either due to exceptional circumstances (doesn't apply here) or 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."
However, although working from home is allowed by her employer, I'm not sure how the Home Office would view it, as her employer does not require it and is simply allowing her some flexibility to work remotely as a favour.

The document also says that trips on annual leave are fine, but "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......Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer should be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period." That doesn't apply here though, as there would be some absences on working days too, not just non-working days.

Thanks again for any advice. Hopefully I'm just worrying too much about something unimportant!

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Djsuccess
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Re: Tier 2 - working remotely outside the UK and impact on ILR?

Post by Djsuccess » Wed May 16, 2018 6:22 am

questions4 wrote:
Tue May 15, 2018 10:56 pm
My wife has a UK Tier 2 General visa and her employer is prepared to let her work remotely for a few days per year so that she can spend a few more days staying with her family outside the UK. These would otherwise be normal paid work days. Does anyone have any experience about whether or not that would impact her continuous UK 5-year residence requirement for an ILR application later?

She won't be spending anywhere close to 180 days outside the UK in any 12-month period - working remotely will likely amount to less than an extra 10 days per year on top of annual leave. She also sometimes has 2-3 short business trips per year, but not for much more than a week each.

I read in the Home Office document "Indefinite leave to remain: calculating continuous period in UK" that any trips outside the UK for a Tier 2 General visa must be either due to exceptional circumstances (doesn't apply here) or 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."
However, although working from home is allowed by her employer, I'm not sure how the Home Office would view it, as her employer does not require it and is simply allowing her some flexibility to work remotely as a favour.

The document also says that trips on annual leave are fine, but "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......Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer should be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period." That doesn't apply here though, as there would be some absences on working days too, not just non-working days.

Thanks again for any advice. Hopefully I'm just worrying too much about something unimportant!
How long as your wife had her Tier 2?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

questions4
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Re: Tier 2 - working remotely outside the UK and impact on ILR?

Post by questions4 » Wed May 16, 2018 9:20 am

She is in her second year on Tier 2.

I should also clarify - when I said the employer will let her do this as a favour, it's not specific to her and they'd be happy to let other UK employees work remotely from home occasionally too.

Thanks for the reply.

pere0026
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Re: Tier 2 - working remotely outside the UK and impact on ILR?

Post by pere0026 » Thu May 17, 2018 2:23 pm

questions4 wrote:
Tue May 15, 2018 10:56 pm
My wife has a UK Tier 2 General visa and her employer is prepared to let her work remotely for a few days per year so that she can spend a few more days staying with her family outside the UK. These would otherwise be normal paid work days. Does anyone have any experience about whether or not that would impact her continuous UK 5-year residence requirement for an ILR application later?

She won't be spending anywhere close to 180 days outside the UK in any 12-month period - working remotely will likely amount to less than an extra 10 days per year on top of annual leave. She also sometimes has 2-3 short business trips per year, but not for much more than a week each.

I read in the Home Office document "Indefinite leave to remain: calculating continuous period in UK" that any trips outside the UK for a Tier 2 General visa must be either due to exceptional circumstances (doesn't apply here) or 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."
However, although working from home is allowed by her employer, I'm not sure how the Home Office would view it, as her employer does not require it and is simply allowing her some flexibility to work remotely as a favour.

The document also says that trips on annual leave are fine, but "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......Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer should be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period." That doesn't apply here though, as there would be some absences on working days too, not just non-working days.

Thanks again for any advice. Hopefully I'm just worrying too much about something unimportant!
if she won't stay longer than 180 days in total during any calendar year it shouldn't be a problem at all. Also I'm assuming that all earned money will still drop into UK bank account from UK sponsor bank account

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CR001
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Re: Tier 2 - working remotely outside the UK and impact on ILR?

Post by CR001 » Thu May 17, 2018 3:02 pm

pere0026 wrote:
Thu May 17, 2018 2:23 pm
if she won't stay longer than 180 days in total during any calendar year it shouldn't be a problem at all. Also I'm assuming that all earned money will still drop into UK bank account from UK sponsor bank account
It is 180 days total absence limit in ANY 12 month rolling period. It is not calendar years.
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questions4
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Re: Tier 2 - working remotely outside the UK and impact on ILR?

Post by questions4 » Thu May 17, 2018 4:56 pm

Thanks for the replies - that was helpful.

Yes, all the money is transferred only between UK bank accounts.

pere0026
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Re: Tier 2 - working remotely outside the UK and impact on ILR?

Post by pere0026 » Fri May 18, 2018 9:55 am

It is 180 days total absence limit in ANY 12 month rolling period. It is not calendar years.
yes please excuse me my wording of course it's rolling period :)

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