Remote & Hybrid Working: UK Visa & Sponsorship Rules

aving sponsored a migrant worker to undertake work in the UK, there are a number of legal considerations that must be taken into account by UK employers when implementing hybrid and remote working.

In this guide, we outline some of the issues for employers to be aware of when implementing hybrid and remote working arrangements for sponsored and overseas workers.

 

What is hybrid & remote working?

 

Remote working is where an employee works outside of a traditional office environment or other fixed workplace, typically when working from home. In contrast, hybrid working is a form of flexible working arrangement where an employee splits their time between working from home, or working remotely, and being in their normal place of work.

Some employers may be happy for their staff to work entirely remotely, especially where looking to reduce the overheads associated with running business premises, while others may prefer to have everyone in the workplace all of the time. However, many employers are adopting a mixture of the two, underpinned by a hybrid working policy, where the combination of remote working with working from the office, or other type of workplace, can be used to meet both the operational needs of the business and to provide a healthy work-life balance for the workforce.

By harnessing the benefits of hybrid & remote working arrangements, employers may also find that their global talent acquisition and retention rates increase significantly, allowing employers to access a much wider pool of talent from around the world.

 

Do you need a visa to work remotely for a UK company?

 

Where a UK employer is looking to recruit an overseas-based remote worker, and that worker will not be required to undertake any paid employment in the UK, or even visit the UK for the purposes of work, there will be no requirement for a visa, sponsored or otherwise. Even though there may be tax and other legal implications arising out of a remote overseas working arrangement, for immigration purposes the individual will simply be working remotely for a UK-based employer. This means that permission will not be required to work in the UK, and the employer will not need a sponsor licence issued by the UK Home Office to sponsor the worker’s employment, as they will not be employing that individual to work in the UK.

In these circumstances, the employment contract will need to specify that the worker is based entirely overseas if they are not intended to work in the UK. Home Office officials may scrutinise contracts during visa applications or at border control. If a contract implies that the worker will undertake work in the UK, it could be interpreted as an attempt to circumvent immigration rules, potentially leading to visa refusals or sanctions against the employer.

However, where the employer is looking to put in place a hybrid working arrangement under which an individual based overseas would be required to undertake some employment-related activities in the UK, even occasionally, the immigration position quickly becomes more complicated. In these circumstances, depending on the nature and extent of the UK-based activities required of the overseas worker, they are likely to need a work visa.

In some cases, if the overseas worker is only required to visit the UK, for example, to attend meetings or conferences, immigration permission may be sought by way of a business visitor visa. Depending on their nationality, they may even be eligible to come to the UK visa-free. However, without a visa or under a visit visa, where required, the remote worker would not be allowed to undertake any paid employment for their UK-based employer.

If the employer needed to bring the overseas worker to the UK to carry out work for their UK-based business, for example, because they have a sudden shortage of domestic workers, they will not be able to do this unless they have in place a valid and up-to-date sponsor licence and the overseas worker meets the eligibility requirements for a sponsored work visa, for example, a Skilled Worker visa meeting the minimum skill and salary requirements.

In circumstances where an overseas-based remote worker is only required to attend the UK for business-related activities permissible under the visitor rules, the wording of the individual’s contract of employment can be key here. This is because Home Office caseworkers making visit visa decisions, or UK Border Force officers making clearance decisions, may refuse permission where contractual provision is made for some work to be undertaken in the UK. This is because, unless the employment contract clearly states that the worker will be based wholly overseas, any attempt to come to the UK may be construed as an attempt to undertake paid employment. Apart from the risk of a refusal decision, any attempts by the UK sponsor to flout the immigration rules could result in the suspension and revocation of any existing sponsor licence or impact an application for a licence in the future.

 

Sponsor duty to report hybrid working

 

In March 2024, the Home Office updated its guidance, recognising hybrid working as the ‘new normal.’ Consequently, sponsors are no longer required to report if a sponsored worker adopts a hybrid working pattern. However, sponsors must continue to report any changes to a worker’s main office location or the addition of new client sites. It’s also essential to maintain accurate records of each sponsored worker’s working patterns.

Despite the relaxed reporting requirements for hybrid working, sponsors remain responsible for several compliance duties, including:

 

• Monitoring a sponsored worker’s immigration status.
• Tracking attendance.
• Keeping up-to-date employee details.
• Reporting any issues to the Home Office, such as non-compliance with visa conditions

 

These responsibilities are outlined in the official Sponsor Guidance.

Given the duties and responsibilities placed on sponsors when it comes to sponsorship, hybrid working can, in practice, present compliance risks for employers when the individual is working remotely. These can include monitoring a sponsored worker’s immigration status, tracking their attendance, keeping up-to-date employee details, and reporting any problems to the Home Office, for example, if the migrant worker is not complying with the conditions of their visa.

As such, in line with Sponsor Guidance Appendix D, sponsors are advised to keep internal records of sponsored workers’ flexible working arrangements. In circumstances where the arrangements involve flexible hybrid hours, both in and out of the individual’s normal place of work, the sponsor should also record the average number of hours in each location, together with any other relevant information.

It’s important to note that if a sponsored worker transitions to working entirely remotely, with little or no requirement to attend your premises or a client site, this must be reported via the Sponsor Management System (SMS). The Home Office has previously indicated that if sponsored workers are to work solely from home, either from their UK-based home or their home country, then this may call into question the need for them to have permission to be in the UK.

A sponsored worker can travel abroad for short business trips which are required as part of their role, although carrying out their role from overseas on an extended basis may invalidate their sponsorship and jeopardise their ability to return to the UK. Equally, time spent outside the UK may affect any future immigration plans that the migrant worker may have, where they may not meet the lawful continuous residence requirement for any application for indefinite leave to remain, even if, for example, they have spent 5 years on a Skilled Worker visa.

 

Complying with your sponsor duties

 

Given the fact that sponsored workers will be absent from their normal place of work during the remote aspects of their hybrid or remote working arrangement, complying with sponsor licence duties can be more difficult for sponsors. This is because employers are less easily able to monitor what the worker is doing, including possible unauthorised absences. For example, it is not uncommon for employees already working remotely in the UK to return to their home country, or decamp to a second home overseas, without the employer’s knowledge. In some cases, the sponsored worker may even tell their employer that they are still in the UK.

However, even though hybrid & remote working arrangements can make compliance with sponsor duties more tricky, employers must ensure that they have appropriate measures in place to monitor attendance and absences, and comply with their reporting and record-keeping duties. Any failure to comply with these duties can have serious consequences for the employer, including having their sponsor license suspended, downgraded and even revoked.

The best starting point for employers is to implement a written hybrid & remote working policy, clearly setting out the basis of how these arrangements will work, including:

 

• who is eligible to make a hybrid or remote working request, making any eligibility requirements clear, for example, employees have a statutory right to request flexible working after 26 weeks’ service, although the employer can opt to waive this qualifying service requirement
• how an individual should make a request for hybrid or remote working, including what procedure should be followed and to whom a request should be made
• setting out the conditions of any agreed arrangement, ensuring that migrant workers are aware that written permission must be sought before undertaking work from overseas
  the various factors that may be taken into account by the employer when considering a hybrid or remote working request, including the ability to monitor attendance and absences.

 

Any workplace policy should be easy to understand and easily accessible to all members of staff, including all sponsored workers. It is also important to ensure that the migrant workforce is fully appraised of their responsibilities under the UK’s Immigration Rules. In this way, employers can emphasise the importance of ensuring that they remain compliant.

 

Additional legal implications of hybrid & remote working

 

When considering hybrid & remote working arrangements, either for sponsored workers in the UK or for overseas-based remote workers, there are various other legal considerations that must be taken into account in relation to these workers, including:

 

Applicable Law

 

For overseas-based remote workers, it’s essential to determine which employment laws apply. While sponsored workers in the UK have the same statutory employment rights as British employees, those working remotely from another country may be subject to local employment laws. This could afford them additional protections beyond those provided under UK law. Similarly, overseas remote workers might benefit from both local employment rights and any UK-based rights specified in their employment contracts.

 

Contractual Terms

If a sponsored worker requests, and the employer approves, a shift to hybrid or remote working, this constitutes a formal change to their employment terms. Initially, such arrangements can be informal without altering the contract. However, employers should be cautious; over time, these informal arrangements might become implied terms of the employment contract, potentially leading to legal obligations.

 

Health and Wellbeing

Employers retain a statutory duty to ensure the health, safety, and welfare of their employees, regardless of where they work. This includes conducting risk assessments for home-based workspaces to identify potential hazards, such as unsuitable work environments or risks to mental health from excessive working hours. Employers should provide guidance on setting up a safe home office and encourage regular breaks to promote mental well-being.

 

Need assistance?

 

DavidsonMorris’ business immigration specialists can support your organisation with all aspects of the UK sponsorship, including compliance with your duties when sponsoring migrant workers under hybrid or remote working arrangements. Contact us for advice.

 

Remote & hybrid working visa rules FAQs

 

Do I need a visa to work remotely for a UK company if I live abroad?

If you are living and working outside the UK, you do not need a UK visa to work remotely for a UK employer. However, you must comply with the employment and tax regulations in the country where you are physically based.

 

Can I visit the UK for business purposes without a work visa?

You may be eligible for a Standard Visitor visa if you need to attend meetings, training sessions, or conferences in the UK. Some nationalities may be able to enter the UK visa-free for short business visits. However, you cannotundertake paid employment for a UK company while on a visitor visa.

 

Can I work remotely from within the UK without a work visa?

If you plan to live in the UK while working remotely, you will need an appropriate visa. The UK does not currently offer a specific digital nomad visa, so you may need to apply under a route such as the Skilled Worker visa, depending on your role and eligibility.

 

Does hybrid working affect visa requirements for overseas workers?

If an overseas worker occasionally works in the UK as part of a hybrid arrangement, they may need a visa. The specific visa required depends on how frequently they visit, the nature of their work, and whether they are engaging with the UK labour market.

 

Can a UK employer sponsor an overseas worker for remote work?

UK employers cannot sponsor a worker if their job will be performed entirely from outside the UK. A sponsor licence is only required if the worker needs immigration permission to work within the UK.

 

What are the risks of working remotely from the UK without a work visa?

Working remotely from the UK without the correct visa could lead to immigration breaches, refusal of entry at the border, or potential issues with future UK visa applications. Employers who fail to comply with immigration rules may face fines or sponsor licence revocation.

 

Does working remotely from abroad for a UK company affect tax obligations?

Tax obligations depend on where you are physically working from, not where your employer is based. You may be subject to local tax laws in your country of residence, and your UK employer may need to consider international payroll and compliance obligations.

 

What happens if an overseas worker carries out work in the UK without a visa?

If an overseas worker enters the UK without the correct visa and carries out work beyond what is permitted under a visitor visa, they could be refused entry or even deported. Employers found in breach of UK immigration laws could also face civil penalties and sponsor licence revocation.

 

Can a contract affect a remote worker’s immigration status?

The wording of an employment contract is important. If the contract suggests that work will be carried out in the UK, the Home Office may view this as an attempt to bypass immigration rules. To avoid issues, contracts for overseas remote workers should clearly state that their role is based outside the UK.

 

Glossary

 

 

Term	Definition
Remote Work	Performing work for an employer from a location outside their main office, often from home or another country.
Hybrid Working	A working arrangement where an employee splits their time between remote work and attending a physical workplace.
Skilled Worker Visa	A visa route for overseas workers sponsored by a UK employer to undertake an eligible job role that meets salary and skill requirements.
Sponsor Licence	A licence issued by the Home Office that allows UK employers to sponsor non-UK workers under certain visa categories.
Standard Visitor Visa	A visa that allows individuals to visit the UK for short-term business activities, such as meetings or conferences, but does not permit paid employment.
Digital Nomad Visa	A visa designed for remote workers who wish to live in a country while working for an overseas employer. The UK does not currently offer this visa.
UK Labour Market	The pool of workers available for employment in the UK, including UK and foreign nationals with permission to work.
Home Office	The UK government department responsible for immigration, security, and law enforcement, including visa regulations.
Right to Work Checks	Legal checks that UK employers must carry out to ensure that an employee has the correct immigration status to work in the UK.
Immigration Breach	A violation of UK immigration laws, such as working without the correct visa or failing to comply with visa conditions.
Employment Contract	A legally binding agreement between an employer and an employee outlining the terms of employment, which may impact visa eligibility.
Tax Residency	The country where an individual is liable to pay income tax based on the length of time they spend in that country.
Payroll Compliance	The legal and financial obligations an employer must meet when paying employees, particularly those working overseas.
Work Authorisation	The legal permission required to undertake employment in a country, typically determined by visa or residency status.
Indefinite Leave to Remain (ILR)	Permanent residency status in the UK, which may be affected by time spent outside the country while on a visa.
Immigration Compliance	The legal responsibilities employers and employees must follow to ensure they meet UK visa and work regulations.