Remote & Hybrid Working for Skilled Workers: sponsor duties and compliance
Since the Covid-19 outbreak, remote and hybrid working have emerged as popular and flexible options for employees. The traditional notion of a 9-to-5 office job with a daily commute is no longer the only way to work.
Remote working refers to a type of flexible working based on location, where workers work at home or a location other than the traditional workspace where the employer is based. ‘Hybrid’ working refers to a combination of office-remote arrangements.
Are skilled workers allowed to work from home?
The Home Office does not clearly state on rules of working from home for skilled workers, however, the sponsor guidance mentions that UK sponsors need to comply with their sponsor duties for hybrid workers. According to this, Skilled workers are allowed to work from home, subject to certain conditions and compliance with immigration rules.
Under the Skilled Worker route, which is part of the Points-Based System (PBS), sponsored workers are eligible to work in the UK for their sponsoring employer in the specific job for which they have been sponsored. However, the work location, whether it is in an office or remotely from home, is generally not a factor in the immigration rules, as long as the work remains within the scope of the job specified in the Certificate of Sponsorship (CoS) and the sponsored worker complies with all relevant immigration requirements.
What are the duties of UK employers, if they’re sponsoring an employee who is working from home?
It's important to note that any changes in the work location of a sponsored worker, including working from home, should be reported to the Home Office by the sponsoring employer, as outlined in the Sponsor Licence duties. This includes updating the sponsor management system (SMS) with any changes in the work location or other relevant details.
According to Home Office guidance for sponsors part 3:
UK employers must report to the Home Office if a sponsored worker’s normal work location (as recorded on their CoS) changes. This includes where:
- the worker is, or will be, working at a different site, branch or office of your organisation, or a different client’s site, not previously declared on the CoS
- 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)
- the worker has moved, or will be moving, to a hybrid working pattern
When you do not need to report
However, day-to-day changes in work location do not need to be reported if occasional. It is only necessary to alert the home office of changes in regular working patterns.
Additionally, the sponsored worker must continue to comply with all other immigration requirements, such as maintaining a valid Certificate of Sponsorship, having a valid visa, and adhering to the conditions of their visa, including working for their sponsoring employer and in the specific job for which they have been sponsored.
Comply with Sponsor Duties
Employers and sponsored workers should ensure that they comply with all relevant immigration rules and regulations to avoid any potential violations or penalties.
It's essential to stay updated with the latest guidance and requirements from the Home Office regarding sponsorship duties for hybrid and remote workers, as immigration rules and regulations can change over time. Employers should seek professional advice and ensure compliance with all applicable laws and regulations to maintain a valid Sponsor Licence and avoid any potential penalties or consequences.
Sponsor Compliance support: How can WorkPermitCloud help?
To comply with sponsor licence duties and prepare for a Home Office Compliance visit, organisations must have the up-to-date HR files and be able to demonstrate a robust HR system in place. Let us help you to manage a compliant HR process and you focus on your core business. Contact us at info@workpermitcloud.co.uk
