Can dependent stay without main applicant if visa is not curtailed

[rameshthegreat]

Hi,

I am a tier 2 ICT visa holder valid till march 2020 and my wife is on a dependent visa as my dependent.
My employer has asked me to return back to my home country but my visa will not be curtailed and I will continue to work for the same organisation from my home country.
My wife has a permanent job here in UK and I would like to know if she can legally continue to work in UK without recourse to public funds as long as both our visas are valid and not curtailed please?

Thanks.

[srsw]

How long are you planning to work from home country?

[rameshthegreat]

I will be leaving end of March and will be returning back in July or latest by August.

[Frontier Mole]

The official answer is she would be in breach of her visa conditions as you have left the country.
Two things fall out of this...
Your Sponsor would be failing in its duties for not reporting you as no longer in the uK
By not reporting you have left this has a potential negative effect on their licence when this is discovered.

There are other complications - what will you say if challenged on your return - you have been gone of 3/4/5 months - where is your family? You say in the UK and then you are at the mercy or otherwise of Border Force... could be messy.

There are many instances where this scenario happens - most probably go undetected BUT be aware there are risks.

[sunny007]

Hi,

I am a tier 2 ICT visa holder valid till march 2020 and my wife is on a dependent visa as my dependent.
My employer has asked me to return back to my home country but my visa will not be curtailed and I will continue to work for the same organisation from my home country.
My wife has a permanent job here in UK and I would like to know if she can legally continue to work in UK without recourse to public funds as long as both our visas are valid and not curtailed please?

Thanks.

I think you and your wife should be OK until your employer is paying in your UK bank account and you are paying taxes here in UK, otherwise check the other senior member advice as suggested or wait for some more senior members to suggest.

[Frontier Mole]

Er no is the answer to that!

[Frontier Mole]

Paying salary to the UK is not a requirement to demonstrate continued leave in the UK. It is meaningless in this context.
Where a migrant is not working / based in the UK for a period of 30 days or more then the Sponsor must report this and at that point they are considered no longer working from the UK, regardless of where their salary is paid.

[Frontier Mole]

Sorry typo 10 days

[Frontier Mole]

See para 15.6