How to sponsor hybrid remote workers in the UK?

Compared to the time before the pandemic, the percentage of people working remotely or in hybrid settings in the UK has significantly increased. A survey conducted by ACAS revealed that sixty per cent of employers had witnessed a rise in the use of hybrid working arrangements. Be aware of the challenges that come with opening up hybrid and remote working arrangements to employees located in other countries if you are an employer who utilises these types of agreements.

What exactly are remote working arrangements and hybrid work environments?

A worker who is employed by a firm but works outside of the conventional corporate office is said to be engaging in “remote working.” This would most likely involve them working from the comfort of their own home, but it would also include time spent at a nearby shared office space. A hybrid arrangement is one in which time is divided between working from home and working from an office provided by an employer.

What are the advantages of working remotely or in a hybrid capacity?

Your company may reap major benefits from the implementation of remote working arrangements, including increased access to a bigger talent pool and significant cost savings in administrative expenses (in particular the running costs of an office). On the other hand, it’s possible that an entirely remote workforce isn’t the best fit for your company; in this case, adopting a hybrid structure in which employees work both remotely and in the office could be the best answer. This arrangement is a huge selling point to any potential employees, providing more talent for us to choose from, which is a win-win situation for everyone involved. In addition to this, it helps your workers achieve a healthier balance between their personal and professional lives, which in turn boosts the percentage of employees who remain with the company.

What are the things you need to take into consideration when hiring a sponsored migrant worker located in the UK who will be working remotely or in a hybrid arrangement?

If you sponsor migrant workers, you are responsible for monitoring their immigration status, recording their attendance, keeping their personal data up to current, and reporting any difficulties to the Home Office. You are also responsible for keeping their personal details up to date. When a person works remotely or in a hybrid capacity, these challenges become more difficult to manage.

However, it is your obligation to conduct adequate monitoring methods and to fully comply with reporting and record-keeping requirements as specified in Sponsor Guidance Appendix D. These responsibilities may be found in the appendix. Should you fail to comply, you risk having serious repercussions, such as your sponsor licence being suspended, degraded, or even cancelled.

The most important thing is to have a defined remote and hybrid working policy that outlines how these working arrangements will operate. It is recommended that the following be included in this policy:

• An explanation of who is permitted to submit a request to work remotely or in a hybrid capacity, as well as the prerequisites that must be met in order to fulfil the eligibility criterion
• Specific instructions on how your staff members should put in a request.
• The terms and conditions were attached to the agreement that was negotiated.
• You will need to draft the policy in a way that allows all of the employees to view it and follow it.

Additionally, the sponsor’s advice has not yet embraced working remotely or in a hybrid capacity. However, the Home Office has specified that if you have sponsor workers working remotely or under a hybrid arrangement, you will be required to report their arrangement on the Sponsorship Management System (SMS) account. This is the case whether or not you have sponsor workers working remotely or under a hybrid arrangement. In cases when hybrid working arrangements are being reported, the total number of hours spent working remotely and in the office should be indicated.

If you have a sponsored worker who does all of their jobs from home, regardless of whether they are located in the United Kingdom or another nation, the Home Office may query whether they are required to really live in the United Kingdom.

Even though sponsored employees are permitted to go outside of their home country for brief business visits, their sponsorship could be revoked if they decide to work full-time from within their own nation instead of going elsewhere. Not only may this prevent them from returning to the UK, but it could also have an impact on any future immigration plans that may be made.

What are the prerequisites for personnel stationed overseas who perform their duties remotely or through a hybrid arrangement?

Because your employee does not require authorization to work in the UK, you do not need to worry about obtaining a visa for them if you want to hire a remote worker who is located outside of the UK and who will not be performing any paid work in the United Kingdom.

If, on the other hand, you are thinking of implementing a hybrid working arrangement, in which your overseas-based employee will be required to perform some paid work in the UK, then, depending on the nature of the employment, they may be required to get a work visa. A business visitor visa could be sufficient in certain situations, such as going to conferences, while travellers of certain nationalities won’t need a visa at all to enter the country.

A current sponsor licence is necessary if you want a worker based overseas to be able to continue their employment in the UK for a longer period of time. In addition to this, your worker will be required to satisfy the requirements for a sponsored work visa, such as a Skilled Worker visa.

The language that is included in the employment contract of your worker is also very important. For instance, if one of your workers is obliged to travel to the United Kingdom and perform work there that is compliant with visitor regulations, the worker’s contract must declare that the individual is completely located in another country. If you do not have this, every trip you take to the UK might be misconstrued as an attempt to get a paid job there. If you are a sponsor in the United Kingdom, in addition to the possibility that your employee will be denied admission, you also run the risk of having this sponsorship licence withdrawn or suspended.

What additional things should I be thinking about and keeping in mind?

Employment rights must be taken into account for any abroad-based remote employees, as well as when granting currently sponsored workers the ability to work remotely from foreign locations.

The statutory employment rights accorded to sponsored employees would normally be comparable to those accorded to their British counterparts. On the other hand, if they are working remotely from a location outside of the UK, the employment laws of the nation in which they are residents may provide them with an extra layer of protection.

If an employee of yours works totally remotely from a nation other than the UK, they can be subject to the employment laws of their country of residency in addition to the employment laws of the UK (as specified in their contract of employment).

In the event that your sponsored employee makes an official request to work in a hybrid or remote capacity and you grant this request, you will be required to legally update their terms and conditions, unless the adjustment is just temporary. However, it is crucial to be mindful that if you agree to flexible working on a non-contractual basis, over time this might become an implicit provision in your employment contract.

You are also responsible for ensuring the health, safety, and welfare of your hybrid and remote workers to the greatest extent that is physically practicable. In light of this, you will be required to do a risk assessment of their place of employment, regardless of whether or not it is their home.

Your migrant workers will also need to have a comprehensive understanding of their obligations in accordance with the immigration laws of the UK.

We are here to assist you

Over the course of the past several years, there has been a discernible rise in the prevalence of hybrid and remote working arrangements, and this trend is only expected to continue to expand. It is important that you have a comprehensive understanding of your responsibilities as an employee in order to make the most of the opportunities that these types of working arrangements may present to your company.

A Y & J Solicitors is an immigration law business that specialises in the sponsorship of hybrid and remote employees, and they have a great deal of expertise in this area. We are professionals that are focused on getting the desired outcomes and have an in-depth knowledge of immigration law. For assistance with your sponsorship or any other UK immigration law questions, please contact us