Working remotely from outside UK on Tier 2 General Visa

[sblanksh]

I have seen this question asked many times this year with no response that actually answers the question.

What is this mystery rule regarding not being able to work outside of the UK for more than 30 days while on a Tier 2 visa, and why does no one hear of it until they try to do just that?

I've been told its a tax liability issue, which doesn't make any sense to me because (at least in the USA), I'm not required to pay taxes as long as I can prove bona fide residence in the UK and earn less than $100,000/year (which I can and do, and of course, I pay my taxes in the UK). So what is the issue then with working outside of the UK for more than 30 days, especially if its remote work for the UK sponsor (as I've essentially been doing since March anyway) and not actually work being done for/with the foreign country? Or is it actually an issue of Tier 2 workers not being allowed to BE outside of the country for more than 30 days, which also doesn't make sense because no where in my contract does it give a limitation on how long I can be outside of the country, and everything on this rule (no more than 180 days in a consecutive 12 months, etc.) appears to apply only to ILR eligibility. Also, I'm a researcher and know of many Tier 2 employees who have worked outside of the UK for months at a time. Are they all in violation of their visa?

My situation:
I was planning on returning to the US for 6 weeks, 3 of which I will be on annual leave and the other 3 I will be working remotely (my line manager has no problem with this). But now I'm being told that I can't be outside of the UK for more than 30 days as it will gererate a tax liability issue?!

I would appreciate any advice/experience with this, and please don't just post a link to the UK Immigration page as this is not helpful and does not answer the question.

[BravoCharlie]

Hi,

I have not heard of any such rule. I am currently overseas. Was granted Tier 2 visa a couple of weeks ago. Have already started working remotely and have informed my employer that I will arrive in the UK in mid January (around 2 months from now). They don't have any problem with it.

[sblanksh]

Hi BravoCharlie,

Thanks for you response. Perhaps it's different because you haven't arrived yet? I know due to COVID immigration has become a lot more flexible regarding the amount of time your allowed to overstay your visa (and perhaps arrive on a visa as well)? I applied for mine in the UK so I'm not really sure the rule on this, but I do hope you are right...

[srsw]

Even it wasn't clear to me when I asked the same question couple of years ago, but I think it's just that if they allow WFH for long duration then the rules are not clear what to do/not do. Tax liability for US could be OK, but the same may not be for other countries.

Travelling to other countries & working for business purposes is different to WFH from other country I guess (your colleagues situation?)

Organisations, especially HR folks go by the book (rules) and they don't want to take any risks or attract penalities from ukvi or worst case lose tier 2 licence for allowing edge cases. Also, more employees may request WFH for longer duration from their home countries making the situation difficult for everyone.

It's different in covid situation, but I'm talking from a pre covid era pov.