Monitoring those on Skilled Worker Visas when working remotely

What is changing?

Guidance issued on 6 March 2024 has clarified the requirement for employers to carefully consider work location for sponsored workers, and report those contracted to work from home to the Home Office. The Home Office may ask for sponsorship to be justified if a contractual home worker could work remotely from outside the UK.

Why is it changing?

The skilled worker regime is based on a licenced employer sponsor having oversight of any sponsored worker throughout their employment in the UK, so they are able to report any absences. Any reduction to the level of office contact could theoretically make it harder to monitor sponsored workers and is considered a risk.  

What do employers need to do?

Sponsors should ensure that the Home Office is fully aware of the main work location for any sponsored worker when issuing contracts. If a sponsored worker requests to work from home on a full-time contracted basis, consider how you would justify their ongoing role in the UK to the Home Office. 

What changes to work location need to be reported?

To ensure compliance, employer sponsors must: 

• report if any sponsored worker is contracted to work remotely, with little to no requirement to work from either the sponsor’s or a client’s office;   

• report any changes to their main office work location;

• report any new client sites where sponsored workers may work; and

• maintain suitable records of sponsored workers’ working patterns.

Our organisation is fully remote – can we still sponsor workers?

We frequently advise organisations that have been established on a remote basis. It is possible to sponsor workers, provided that careful attention is paid to your sponsor licence arrangement and compliance duties. 

We work on a hybrid basis as standard – is that acceptable?

The UK has seen significant changes to working practices over recent years, and many employers now operate a hybrid working model, on either a formal or informal basis. This means that staff may spend some days working in the employer’s or clients’ office or site, and some days at home or another remote location, such as a work hub space, on a weekly or monthly basis. The flexibility of hybrid working is often a key part of the offer to employees and a way for employers to show trust. Employers do not need to report if a sponsored worker is moving to a hybrid working pattern, which suggests this the safer location model for sponsored workers.

How can Stone King help?

We offer ad hoc immigration advice on all aspects of employer sponsorship. If you have any concerns regarding your sponsor duties and how to manage remote working for sponsored workers without risk, please get in touch.