The UK’s immigration system has specific requirements for Skilled Worker visa holders and their sponsors.
Among these, adherence to reporting obligations and compliance with sponsorship duties is paramount. One area that has garnered significant attention is the practice of full remote working for sponsored workers.
While flexible and hybrid working models have become increasingly popular, fully remote work arrangements for Skilled Worker visa holders may inadvertently jeopardise their leave to remain in the UK.
Under the Skilled Worker route, employers (sponsors) are obligated to notify the Home Office of certain changes in a worker’s circumstances, including their primary work location.
Guidance specifies the following:
Change of Work Location
Employers must inform the Home Office if a sponsored worker’s normal work location (as recorded on their Certificate of Sponsorship) changes.
This includes situations where:
- The worker is, or will be, working at a different site, branch, or office of the organisation, or a different client’s site, not previously declared.
- The worker is, or will be, working remotely from home on a permanent or full-time basis, with little or no requirement to physically attend a workplace.
Hybrid working models, where workers regularly attend a traditional workplace as well as work remotely, do not typically require reporting. However, employers must continue to report any changes to the worker’s primary office location, new client sites, and maintain accurate records of the worker’s patterns.
If a sponsored worker transitions to a fully remote role with minimal or no physical attendance at the employer’s premises or a client site, the Home Office may seek justification as to why sponsorship in the UK is required, given that the role could potentially be performed from the worker’s home country.
Day-to-day changes, such as occasional work from a different site or home, do not need to be reported, but significant changes to regular working patterns must be communicated.
Compliance and Consequences
Failure to report such changes can result in non-compliance, potentially leading to:
- Revocation of the sponsor licence of the employer.
- Cancellation or curtailment of the worker’s visa.
The Skilled Worker visa is granted on the premise that the role requires the worker’s physical presence in the UK.
If the role transitions to full remote working, it raises questions about the genuineness of the job offer and the necessity of having the worker based in the UK. The Home Office could cancel or curtail the worker’s leave if it determines that the role no longer meets the eligibility requirements.
If a role is performed entirely remotely, the Home Office may question the need to sponsor the worker in the UK and might assess whether the role could instead be performed from their home country.
Best Practices for Sponsors and Migrant Workers
To mitigate risks, sponsors and workers should adhere to the following practices:
1. Regularly Update the SMS: Notify the Home Office of any changes to a worker’s primary work location promptly.
2. Hybrid Working as a Safer Alternative: Adopt a hybrid model where workers regularly attend the employer’s premises or client sites.
Conclusion
While remote work offers flexibility and modernization, fully remote arrangements for skilled worker visa holders can introduce significant immigration risks. Both sponsors and workers must understand and comply with the Home Office’s requirements to safeguard their visa status and avoid jeopardizing their future in the UK.
By prioritising compliance and transparency, employers and employees can strike a balance between flexibility and adherence to immigration laws.
Also Read: Sponsor License Reinstated after successful Judicial Review Victory, Safeguarding Client’s Business and Employees
Success Story: Suspended Sponsor Licence Reinstated for Care Provider
How NARA Solicitors Can Help
Our services include:
Sponsor Compliance and Audit Services: Stay fully compliant with immigration rules by opting for a Home Office-style compliance audit conducted by NARA Solicitors.
Sponsor License Management: Assistance in applying for, renewing, or managing your sponsor license while providing training and guidance to HR teams on compliance.
Representations Against Suspension or Revocation: Filing representations to help you retain your license and continue operations.
Judicial Review Challenges: Challenging sponsor license revocations in the High Court to address unlawful decisions.
For more information or to book a compliance audit or consultation, contact us
