The UK still has a lot of work to adjust to after the pandemic, but some employers have shifted to less rigid hours. As restrictions from Summer 2021 have been removed, more people are hitting the office but employers should still keep an eye out for a Covid-safe work atmosphere. Work-from-home or from the office, hybrid working, has become the norm.
But for employers who sponsor skilled worker visa holders, have more policies and duties around remote/hybrid work. Here’s a breakdown of the main things to remember.
Key Rules for Sponsored Workers: Monitoring and Reporting
Sponsor employers don’t have to notify Covid-19-restricted workers working from home. This exemption has allowed employers to control workers’ addresses without having to send home office notifications all the time.
But when workers are back at the office — full-time, part-time, hybrid — the employer begins to report. If the workplace location of a sponsored worker is changed, that should be reported to the Home Office in 10 working days to avoid sponsor liability.
For instance, if a worker has to go back to the office after working from home during the pandemic, the employer has to disclose the change in the workplace. But if a worker is working from home intermittently for COVID-19, the sponsor does not have to report it.
Challenges of Remote Working for Sponsors
If a business chooses to adopt long-term remote or hybrid working for sponsored workers, they must be aware that their compliance will be closely monitored by the Home Office. Employers are responsible for ensuring that sponsored workers are doing the work they were sponsored for, even if they’re working remotely or at a client site.
Common Issues Sponsors Face:
- Failure to report location changes: Sponsors may forget to report when a worker changes their location, especially if they are working from multiple sites or remotely.
- Lack of monitoring: Remote workers can sometimes “fall under the radar” if the employer doesn’t regularly check in on them. For example, if a worker is on a client site, the employer may rely on the client to report absences rather than monitoring the worker directly.
The Home Office requires employers to have a system in place to regularly monitor the attendance and activity of sponsored workers. This includes:
- Frequent communication: Employers must ensure they stay in touch with their sponsored workers, even if they are working remotely.
- Absence tracking: Employers must record absences, even if they are pre-approved.
How to Meet Monitoring Requirements
To meet the Home Office’s requirements, employers should:
- Check-in regularly with sponsored workers: This can be through daily phone calls, timesheets, or using online platforms.
- Record absences: Even if a worker has pre-approved leave or is working remotely, the employer must keep a record of their attendance.
This ensures that sponsors are meeting their responsibilities and helps maintain compliance with immigration rules.
Managing sponsored workers, especially in remote or hybrid roles, requires careful attention to monitoring and reporting. While there has been temporary flexibility for COVID-related remote work, sponsors must ensure they report any changes in work location once employees return to the office or switch to hybrid working. Ongoing communication with workers and accurate attendance tracking is essential to avoid common compliance pitfalls and meet Home Office requirements.
At Law and Visas, we provide expert guidance on sponsorship compliance and can help employers navigate the complexities of hybrid and remote work arrangements for skilled worker visa holders. Contact us for support in managing your sponsor license and ensuring full compliance with UK immigration rules.
