Job creation-British citizen living in EU

[sonirulz]

Hi Members,

I am planning to employee a British citizen who lives in Malta now. He would like to work for us remotely. Please advise will his points qualify for job creation?

Appreciate your advise.

Thanks
Soni

[zimba]

The employees must be settled in the UK. While your case is not covered in the rules but obviously someone (non British) who lives in Malta is not settled in the UK. I advise against such decisions to be safe.

[sonirulz]

Even if he is UK citizen and has british passport and NI?

[marcnath]

Interesting situation.

I don't think there is anything against someone working remotely.

The more important thing would be to have that person on UK Payroll, pay UK Taxes and NI and ideally have an UK address.

i.e you are employing someone in the UK but allowing him to work from home (even if home is in Malta).

The guidance talks about "people with settled status in the UK" and Paragraph 6 states
“In Part 6A and Appendices A and J of these Rules, “settled worker” means a person who:
(i) is a national of the UK,
.......

I can't see anything that says that the worker has to be in UK during the period.

[zimba]

Even if he is UK citizen and has british passport and NI?

Well a British citizen has the Right of Abode and therefore is assumed settled at all times.
The definition of 'settled' under Tier 1E rules are even more loosely defined than that. So I would say there should not be an issue for a British worker.