Temporarily work remotely (abroad) under Tier 2 Visa

[MattyAus]

I would love to know more information on this.

My HR department is saying that it's not possible to work remotely on my tier 2 abroad for 3 weeks abroad and 1 week in the UK.
The excuse is that it could impact their relationship with the home office.

They haven't even asked the home office....

I have full support from all managers to the top - who are deferring to HR on legality.

[MattyAus]

Hello all,

Any help would be greatly appreciated - home office phone line says to get a laywer and the lawyer I saw is ghosting me.

Current Situation:
- Australian man on Tier 2 (1 year T2 and 2 years T5)
- Spanish/Irish woman with ILR
- Almost born UK baby
- Living in UK

Wanted situation:
- Mother/Baby 9 months maternity leave in Spain
- Australian T2 works from Spain/UK in ratio 3 weeks remotely to 1 week UK
(Assume EEA Family Member visa in Spain)
- T2 Employer is UK company - managers supportive remote working for 9 months.

Questions:
- Ignoring ILR 180 limit for Australian T2 - is there a requirement for T2 to be IN the country?
I can't see any concrete clause in guidance or the website.
Note: My employer has location tracking on my computer profile: satisfying the need to know where I am at all times.

- Is there a special circumstance request that can be put to home office to keep Tier 2?

- Is there a tier 2: multi-entry visa that could be applied for instead? I can't find information on this.

- Is there some other visa my employer could apply for?
Visitor Visa could potentially be used for 6 months to facilitate the attendance in the UK? But the requirements are quite strict and while I would be attending for a conference style week each time - it would be at the company I'm employed by which could look suspect.

- I read on these forms something about 4+ weeks out of country the employer needs to report - but I can't see that in the guidance?

- Is the only option here to have my employer submit the change in circumstances and hope for the best?
(What's the processing time like on those requests? Similar to the 8 week turn around for tier 5 extensions?)

[thisB]

If you're gone for a full year I would look at the tax agreement the UK has with your home country as well as having your company file for a overseas worker exception. If you are in your country for 6 months (for most places) you will be considered a resident and may have to pay double tax.

Also, the way I see it, Tier 2 is a right to remain in the country, and it may be frowned upon when you come back that you left the country for the entirety? I think it might be better to look at actual overseas worker options and then reapply when you are ready for your Tier 2 again.

[thisB]

Check out page 59:

https://assets.publishing.service.gov.u ... evised.pdf