Keeping Oz Job in UK

[Sarahelle]

Hey all,

In the many different scenarios in which we can return to the UK with my husband being Australian, I wondered this - Can I keep the job I have here in Brisbane and work remotely from the UK?  Could I use my income for the financial requirement?  I have been in my role for just over 12 months.

I would be grateful for any opinions

Thanks, Sarah 

[VERYSTORMY]

I would speak to Alan Collet at Go Matilda on this. 

[Marisawright]

4 hours ago, Sarahelle said:

In the many different scenarios in which we can return to the UK with my husband being Australian, I wondered this - Can I keep the job I have here in Brisbane and work remotely from the UK?  Could I use my income for the financial requirement?  I have been in my role for just over 12 months.

Here is the official document that gives you all the details on the financial requirement:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1039148/1.7_-_Financial_requirement.pdf

  

[Ausvisitor]

I would say it is unlikely. I work for an organisation that is pretty progressive when it comes to letting people work from wherever they want but even so we can only work in the UK under these conditions...

1) you must have the right to work in the UK (sounds like you do)

2) no more than 8 weeks at a time without returning to Australia. This is a taxation issue (both corporate and personal). I'm sure there is probably some leeway on duration but it wouldn't stand as a financial qualification for a visa because by definition it can only be a temporary income

One of the accountants on here may have more details, but I'm my view it seems like it isn't really a starter other than as a way to have a short term income on landing

[Marisawright]

@Ausvisitor makes a good point.  

You're asking whether working for an Australian employer would satisfy the financial requirements, but the other question is, would your Australian employer even allow it?

As Ausvisitor points out, no matter how keen they are to keep your skills, it's very unlikely they'd keep you on the payroll as an employee.   From a tax viewpoint, it would be difficult for them and probably disadvantageous to you, too.   You'd have to terminate your employment and then they'd employ you as a contractor.  Once you're a contractor, it doesn't matter where you're based so long as you bill them in Australian dollars.   However the problem with that, from a spouse visa point of view, is that you can't claim continuity of employment.

[Marisawright]

@Sarahelle, popping back in because I realise, on reading the requirements again, that you don't need continuity of employment. You need

1. a job in Australia with a gross salary that meets the income requirement and 
2. a job offer for you to work in the UK that meets the minimum income requirement. 

They're separate, so it doesn't matter if you have to switch to contracting.  Self-employment is recognised as acceptable. Therefore I think it would come down to whether your employer would be willing to offer you a contract as a self-employed contractor and for what hours. Note, of course, that you'd have to stay a salaried employee until the spouse visa came through so the contract would need to have an open start date somehow.

The relevant section starts on page 21 of the document I linked to.  

 

 

Edited January 14, 2023 by Marisawright