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.
Section A: 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.
However, employers may need to consider the immigration implications when adopting these kind of flexible arrangements to avoid potential breaches of their legal obligations.
Section B: Remote working UK visa rules
In the most basic terms, a foreign national will need UK immigration permission if their work is physically carried out in the UK, regardless of where the employer or client is based.
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 scrutinise contracts during visa applications and 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.
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 under the ETA scheme.
However, a visitor may only carry out incidental remote work for an overseas employer while in the UK. They cannot work for, or be paid by, a UK entity, even where the work is online.
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 will be key . Contracts and internal policies should make the main place of work explicit. UKVI officers look at this when assessing visitor or work visa applications. 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.
If an employer needed to bring the overseas worker to the UK to carry out productive work for their UK-based business, for example, because they have a sudden shortage of domestic workers, they will not usually 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 work visa, for example, a Skilled Worker visa meeting the minimum skill and salary requirements. A sponsor licence is therefore relevant only when the worker must hold a work visa issued on the employer’s Certificate of Sponsorship.
Scenario | Work Location | UK Employer? | UK Immigration Permission Needed? | Quick Notes for Employer |
---|---|---|---|---|
1. UK company, worker always overseas | Outside the UK 100 % | Yes (UK entity) | No visa required | State overseas base in contract; take payroll & tax advice. |
2. UK company, hybrid‑international worker | Mainly overseas, occasional UK trips | Yes (UK entity) | Visitor visa or ETA for short meetings; Work visa (e.g. Skilled Worker) if doing productive UK work |
Contract must show overseas home base; switch to sponsorship if UK work becomes regular. |
3. UK company, remote worker living in UK | Inside the UK (home / co‑working) | Yes (UK entity) | Existing right to work or sponsored work visa | Normal right to work checks and full sponsor licence duties still apply. |
4. Overseas company, worker in UK (“digital‑nomad”) | Inside the UK | No UK entity | Up to 6 months with visitor visa or ETA (remote work only for overseas employer); Longer: must qualify under another UK visa route |
No UK‑client work or UK payroll on a visitor visa; wrong visa = risk of refusal/ban. |
Section C: Do you need a visa to work remotely for a UK company?
Whether you need a visa to work remotely for a UK company depends on your location, nationality and the nature of the work.
If you are not a UK or Irish citizen and are physically outside the UK, you generally do not need a UK visa to work remotely for a UK company, as you are not entering UK jurisdiction or undertaking work on UK soil. The UK’s immigration rules and associated Home Office guidance apply to workers physically in the UK. Remote work from abroad, such as software development or consultancy, typically falls under the employer’s local employment laws in your country of residence.
However, if you plan to visit the UK temporarily for work-related activities, you may need a Standard Visitor visa, or an ETA permit, or a visa such as under the Global Business Mobility route, depending on the activity and duration. For example, short-term visits for collaboration may require a visitor visa, which prohibits direct employment, but productive work carried out in the UK will require an appropriate work visa, unless you have UK settled status.
Section D: 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.
So while sponsors no longer need to report hybrid working patterns, changes to the main work location or a move to full‑time remote working must be reported via the SMS. This means reporting any permanent change to the worker’s ‘usual work address’ or the addition of a new client site within 10 working days. For each sponsored worker you must keep evidence of the main work location (or home address if remote) plus any client sites, per Appendix D. Recording hybrid patterns is recommended but not compulsory.
Sponsors also remain responsible for further 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.
Section E: Sponsor licence compliance
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 licence 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 can make a statutory flexible working request from day one of employment
- how an individual should make a request for hybrid or remote working, including what procedure should be followed (the employer must give a decision within 2 months unless an extension is agreed) 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.
Section F: 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:
a. 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.
b. 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.
c. 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.
Section G: 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.
Section H: 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 cannot undertake 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 and employment law rules depend on the location of the employee, not the location of the company, so take multi‑country payroll advice before finalising the arrangement.
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.
Section I: 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. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/