Hybrid and remote working has become much more common in the UK since the pandemic. According to an ACAS survey, 60% of employers have increased hybrid working. If your business uses hybrid or remote working arrangements, especially for overseas employees, it’s important to understand the rules and responsibilities that come with sponsoring these workers.
What Are Remote and Hybrid Working Arrangements?
- Remote working means employees work outside the office, usually from home or a co-working space.
- Hybrid working is when employees split their time between working from home and working from the office.
What Are the Benefits of Remote and Hybrid Working?
Adopting remote or hybrid working models can provide several advantages, including:
- Access to a larger talent pool: You can hire employees from anywhere, even overseas.
- Reduced office costs: You may save money on office space and utilities.
- Better work-life balance: Offering remote work can help improve employee satisfaction and retention.
However, some businesses may find that a fully remote workforce doesn’t suit their needs. A hybrid approach might be the perfect balance.
What Do Employers Need to Consider for Sponsored Migrant Workers in Hybrid or Remote Roles?
As a sponsor for migrant workers, you are responsible for:
- Monitoring immigration status.
- Tracking attendance and ensuring employees are working as required.
- Reporting to the Home Office about any changes to their work arrangement.
This can be more complicated when workers are based remotely or working in a hybrid arrangement, so you must ensure full compliance with the Sponsor Guidance (Appendix D).
Failing to meet these obligations could lead to your sponsor license being suspended or revoked. Therefore, it’s important to:
- Create a clear remote or hybrid working policy: This should explain:
- Who is eligible to request remote or hybrid work?
- How employees should make these requests.
- The terms and conditions of remote/hybrid arrangements.
The policy should be easily accessible to all employees.
Reporting Hybrid and Remote Work on the Sponsorship Management System (SMS)
The Home Office requires employers to report hybrid or remote working arrangements via the Sponsorship Management System (SMS). For hybrid workers, you’ll need to specify how many hours they work remotely versus in the office.
If your sponsored worker works fully remotely from abroad, the Home Office may question whether they need to be physically present in the UK. Long-term remote work from another country could lead to the invalidation of their sponsorship. This could impact their ability to return to the UK and affect future visa applications.
What About Overseas-Based Remote Workers?
If you’re hiring a worker based outside the UK who will not be doing any work within the UK, they do not need a UK work visa.
However, if you have a hybrid arrangement where the overseas worker occasionally works in the UK, they may need a work visa depending on the type of work and the duration. For short-term visits, a business visitor visa might be sufficient.
If the worker needs to spend more time in the UK, you will need to apply for a sponsor license and ensure they meet the requirements for a work visa, such as the Skilled Worker visa.
What Does the Employee’s Contract Need to Include?
The employee’s contract of employment is crucial. If they will work in the UK under a visitor visa (for short visits), their contract should state they are based outside the UK. If this is not stated, their visit could be seen as paid work, which can lead to complications, including the revocation of your sponsor’s license.
Other Considerations for Overseas Workers
- Employment rights: Workers based overseas might also be protected by employment laws in their country of residence, in addition to UK laws.
- Health and safety: Even if your employees work remotely from home, you are responsible for assessing and ensuring their health and safety.
- Flexible working: If you approve a hybrid or remote working request, be aware that over time, it could become part of the employee’s employment contract.
It is important that you clearly explain to your workers their responsibilities under UK immigration rules, especially if they are working remotely from overseas.
Hybrid and remote working are here to stay and offer many benefits for businesses. However, sponsoring overseas workers under these arrangements requires careful attention to immigration rules and responsibilities. To ensure compliance, it’s essential to:
- Create clear remote and hybrid work policies.
- Report arrangements properly through the Sponsorship Management System (SMS).
- Understand when a visa is required and what the employee’s contract must state.
If you’re unsure about the requirements, Law and Visas can help you navigate the complexities of sponsoring remote or hybrid workers and ensure you stay compliant with UK immigration laws.
