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Solicitor4All, Solicitor
Category: Immigration Law
Satisfied Customers: 7838
Experience:  Director and Principal Solicitor. UK
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I need a consultation on immigration process, I have skilled

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Hi, I need a consultation on immigration process
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I have skilled worker visa, and I'm working remotely outside UK from 5+ months. My employer isnt informed about the same.
JA: Have you talked to a lawyer about the tier 2 visa?
Customer: my brp is still active. I intend to return to UK. Will there be any immigration issues?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Im within 180 days outside UK as of today

A very good morning to you there, how do you do?

My name is Solicitor4All a law expert with over 15years practice. I will be helping you this morning. Thank you for the inquiry.

Customer: replied 15 days ago.
Hi .. I have shared the details for my case mentioned above in the chat

First of all, thanks for th update above. Please leave the inquiry with me and i will prepare a response for you here this afternoon. Thank you.

Customer: replied 15 days ago.
how long will this take? By when can I expect response to my query?
Customer: replied 15 days ago.
anymore details needed?

I will respond this morning. No additions for now i will ask for further information if need be thank you again.

Thank you for your patience. You will not have issues coming in as you have a valid BRP however if you intend to renew you will have major issues because you will have exceeded permitted absences and without your employer's authority.

Any follow up please do not hesitate to send your message. I am always glad to clarify anything and to guide further should you return for further input. All the best.

Customer: replied 15 days ago.
Are employers supposed to notify home office for absence from UK even if employee is working remotely?
Customer: replied 15 days ago.
If yes, this is certainly not done in my case. Will there be any issues at immigration due to this?
Customer: replied 15 days ago.
what you mean by issues when renew?

Your information says your employer does not know you are working remotely though and would not have filed the relevant tax paperwork with HMRC to reflect you were working from abroad. If your employer treats this as gross misconduct and therefore not authorised absence they would have to advise the UKVI and your visa would be curtailed. If your remote working was authorised then you will be fine because it will not be an absence.

Customer: replied 15 days ago.
As my BRP is valid now, will immigration be concerned with my long 5+ months absence from UK and ask me questions around during immigration if I did inform my employer?

No, if they ask at the airport you say you were working remotely due to covid. They do not deal with tax issues at the border and they would only make an issue if your employer has found out you are working outside without authority and notified them.

Customer: replied 15 days ago.
Do immigration record the answers and share them with home office at any point in time and can this cause me a problem any time in future?
Customer: replied 15 days ago.
Also does it change anything from immigration perspective if I enter in UK 5 months from now
or I'm supposed to travel before 180 days?

Hi, you are really asking the same question that I have answered but differently. Home office does keep a record of your answers yes and they can refer to that in future and where there is contradiction they will accuse you of deception. I am not sure what you mean by travel before 180 days because your 180 days are counted in a rolling 12 months and therefore you will have breached this having been away for 5 months

Customer: replied 15 days ago.
Thank youSorry if the last bit was not clear.
Im still under 180 days outside UK as of today. Does me travelling to UK withing 180 days or after 180 days matter if I'm not concerned about ILR?

Not to worry, it matters at extension stage too as well as ILR.

Customer: replied 15 days ago.
Thank you so much .You mentioned initially that if I intend to renew I will have major issues, I dint get this bit. Intend to renew what? my BRP? Like get an extension?
Customer: replied 15 days ago.
Thank you for your patience. Last question from my side.What are the tax compliance issues for me and my resident and non resident status if I continue to stay outside UK entire FY?

Good evening, I will respond to the first question and the answer is when your current visa lapses and you want to get a new brp - therefore an extension. Excessive absences which exceed what is permitted under current visa conditions will normally lead to a refusal. On your second question is you can log a separate thread for our tax experts that would be best for you.

Solicitor4All and other Immigration Law Specialists are ready to help you
Customer: replied 14 days ago.
Thank you for your guidance.
You are most welcome