Working in the UK, but getting paid in the US - leaving UK

[mkopff]

Hi, there. I don't know that anyone will be able to help, but I have a pretty complicated situation. I work at a large international bank, and requested a transfer from NY to London. They were hesitant about the costs, so I got a visa and entry clearance under the HSMP, and with that, convinced my employers to let me work in London. Within the bank, they arranged it initially as a 3-month business trip to comply with their own internal policies about paying cost of living adjustments, etc. Because I am legal to work in the UK regardless, this wasn't about immigration law at all so I wasn't concerned. HR did ask to see my visa / EC / passport before I moved over, and they agreed that everything was in order.

I am now in the UK, working for the same bank out of the London office. Because I am still officially employed by the New York branch, however, I am still getting paid in New York. I live entirely in the UK, however, as I have given up my apartment, cell phone, credit card, etc. in New York and have duly replaced everything here in London (signed a lease, etc.) My visa was also stamped at immigration, so I feel I have officially moved to the United Kingdom, as would be confirmed by the authorities.

As it turns out, this whole thing is very complicated for a lot of reasons:

(1) I feel like my tax status and my immigration status conflict, but as there is no requirement for me to currently be employed and paying taxes in the UK (I could be unemployed and looking for a job), I'm not too worried about that.

(2) My employer is now saying they might want me to return to NY after the 3 months is up for an indefinite period. I'm wondering how long I can leave the UK and not lose my HSMP visa.

(3) I'm wondering if this counts as "employment" in the UK. Probably not. I'm also wondering if immigration could therefore take the view that I have not actually entered the UK on my HSMP, and therefore invalidate it as having not been used within the allotted 6 months.

(4) I have no idea if I can legally bring my savings over from the US without having to pay taxes on it all over again. By putting it into a checking account here in the UK, it will certainly appear to be income, but it's money I've already paid taxes on in the US.

Basically, I think I seriously need an employment lawyer and an accountant, as this is all so complicated. If anyone has any thoughts or advice, however, I would greatly appreciate any guidance that you might have.

Regards,

Melissa