Worked Remotely Abroad for 52 days - Tier2G to ILR

[BluePhoenix]

Hi,

I read many topics in this Forum for the past a few days.
Huge thanks to all moderators for helping people. You are amazing!

I was granted with Tier 2 General on 13 March 2015. I entered the UK on 6th May 2015 and started working on 7th May 2015. My visa expires on 1st April 2020. I will submit my online application form in a week time.

I mainly work from home in the UK as all my colleagues and most of our managers do. Sometimes I work remotely from other countries i.e. The Netherlands, Poland, Turkey. I mostly work remotely to spend time with my parents. I have never had 180 days of absence in any 12 months rolling period. Max was 105 days on October 2019 - October 2018 period, counting backwards.

I have just read the following topic and had a concern immediately:
indefinite-leave-to-remain/ilr-tier-2-r ... l#p1571211
It says this:
It is perfectly fine to work remotely if approved by employer. As far as I know if its more than 4 weeks then employer has to notify UKVI but if its less than that it is fine.

My last absence from the UK was:
Date of Departure: 06 August 2019
Date of Arrival: 03 October 2019

This is 57 days of absence in total, and I had standard paid annual leaves for 5 days in total.
Paid Annual Leaves were:
9th August 2019 - half day off in the morning
12th and 13th August 2019 - 2 full days off
5th and 6th September 2019 - 2 full days off
12th September 2019 - half day off in the morning

This means I worked remotely for 52 days. Now this is not "just a few weeks" as I read on many similar cases here.

My manager was fully aware of this but I don't think the HR department has informed UKVI if this was indeed a mandatory action. 52 days of working remotely is more than 4 weeks in one continuous period of absence. Does this break the continous period of 5 years?

I am aware that a few weeks of working remotely is fine. I've read on many other topics.
I am also aware that unpaid annual leaves can not be more than 4 weeks.
I have not read any statement anywhere about a limitation to the paid absences (holiday or work).

Kind Regards.

[zimba]

A sponsor needs to report this is you are absent from work for more than 4 weeks without pay. Working remotely with pay with the permission on your sponsor is ok. UKVI will investigate any violations/breaches if they see fit

[BluePhoenix]

A sponsor needs to report this is you are absent from work for more than 4 weeks without pay. Working remotely with pay with the permission on your sponsor is ok. UKVI will investigate any violations/breaches if they see fit

Thank you Zimba. Yes, I have been paid for each and every day since my start date 7th May 2015.

Have you ever seen/heard of/experienced any violations/breaches for a similar case?

We can keep this post open if you agree. I will update it with the updates and final result. Final result may take time though. Because my company pays for it only if I do regular application, which takes time up to 6 months.

Kind Regards.

[zimba]

I've seen people who have taken long unpaid leave but working outside the UK for your company is fine

[BluePhoenix]

I've seen people who have taken long unpaid leave but working outside the UK for your company is fine

Thank you Zimba.

I will keep everyone posted.

[BluePhoenix]

Hello,

I wanted to give an update and to show that I still remember my post and feel responsible to complete the journey here to help others.

The short answer is, there is no update. I am still waiting, especially because of the lockdown.

Long answer:
My lawyer has made the application in March. She said she will upload the documents in these days.
I wasn't able to get a date for showing the originals of the documents as well as giving the finger print and photo etc. due to the Covid-19 lockdown.

Because I have applied for ILR before my visa expiry date, I can legally work and live in the UK.
I have done regular application, which takes up to 6 months. This means I may wait until September 2020.

[BluePhoenix]

Hi Everyone,

I would like to give the final update as I have promised to do.

My lawyer has managed to get a paid appointment (£69.99) on 20th July and I have attended one of Sopra Steria offices to give finger prints, signature and also they have taken a photo of me.

Regarding the main focus of this topic, my lawyer has asked me the reason for working from Turkey for so long (57 days) this year, I explained to her that my mother had a serious accident in 2015 and she can not use her right arm properly. Because of this reason me and my siblings support her and my father from time to time.

My lawyer has asked for a fresh paper from a doctor proving the status of my mother's condition. My mother got a fresh paper from her doctor and had posted that to me. I have paid for official translation as well. Both original medical paper and the official translation were uploaded to the system of ILR application.

My lawyer has informed me on 27th July that they have received email from Home Office confirming that my ILR application has been approved. Neither myself nor my lawyer have received any calls or emails from Home Office for additonal information. On 3rd August my lawyer has received my BRP and I received it yesterday, on 4th August 2020, in the morning at 8am.

I am sooooo happy right now! Thank you Zimba and thanks to everyone contributing to this community with their questions and answers!

Now it is time for me to read topics about ILR to Citizenship applications to get ready for next year.

Take care!