Days outside UK - murky situation

[anore]

The situation is pretty murky now with a pandemic and UK's current situation. I am on a Tier 2 visa and, during pre-covid times, I would have been working from an office. Fortunately, my job is laptop based so I can work anywhere.

I have been working out of the UK (remotely) since November and would like to continue doing so for another few months.

a. Anyone knows how many days I can theoretically be out of the UK? I am not on leave. I am still working full time albeit remotely.

b. Anyone knows if the days out of the UK is rolling? I left in November (and am still out of the UK). Or the days outside the UK is based on a calendar year. It would be nice if it was "resetted" in January that allows me to be home for slightly longer.

Thanks in advance!

[CR001]

When was your current visa granted

It is 180 days absence limit. How it is calculated depends on the answer to the above question. It is however NOT based in calendar years.

Also, for absence of 4 weeks or more, regardless of reason, it needs to be reported on the SMS

[anore]

In July last year (2020). I have not been absent from work and have been working as normal. Since I have started, I have never stepped foot in the office because everything was remote by then. So, as far as work goes, I am still working like normal.

[CR001]

Your absence limit is calculated as 180 days in ANY 12 month rolling period, ie any 12 month period in the 5 years before ilr.

It is not about you working, but wholly about your absence from the UK!!

[anore]

I know, thought I post on this board to enquire.

There is guidance from UK government (though the wording doesn't explicitly say "home country")
https://www.gov.uk/guidance/coronavirus ... 5-sponsors

I did read over here (not official) that should not be an issue:
Solicitor weblink removed by moderator. Please do not post third party links on the forum. They are strictly not permitted.

Does it matter that some Tier 2 sponsored workers have returned to their home countries to work remotely?

In simple terms, the visa status of Tier 2 (General) sponsored workers should not be affected if they have returned to their home countries to work remotely – provided that you continue to be their employer and pay them (unless they are taking unpaid leave related to coronavirus).

[CR001]

There have been no changes or concessions on out of the UK absence limits.

Your issue is that you were in the UK and then willingly chose to leave and go back to your home country, especially when government advice was to not travel.

[Frontier Mole]

There are concessions in certain COVID scenarios where people were / are trapped overseas due to travel restrictions. If you choose to return to your home country as a voluntary option that position is far from clear. There is no surety that your Sponsor is entitled to consider you resident in the UK and it also brings doubt as for the need to be physically present in the UK to perform your role.
I would suggest you contact your HR team to seek clarity that they have indeed reported your absence from the UK and that they have sought advice on the circumstances with UKVI or a lawyer.

There is general acceptance that Sponsored migrants are not expected to work at the nominated employment address if the role can be performed remotely. Remotely still means within the UK.