The shift to hybrid working after COVID-9 had prompted many employers to continue to allow their employees to work from Home. For sponsored workers, this raises questions as to whether their work location would affect their immigration status, and whether an employer needs to inform the Home Office accordingly.
The UK Home Office policy requires an employer to inform them of any changes to a sponsored worker’s normal work location as per the Certificate of Sponsorship (CoS). It is crucial for an employer to notify the Home Office particularly where the work arrangement deviates from the original CoS. Whether a sponsored worker is transitioning to remote work on a permanent or part-time basis, or adopting a hybrid working pattern, it is mandatory to keep the Home Office informed via the SMS system.
According to the Sponsor Guidance, employers must notify the Home Office if:
- The worker is working at a different site, branch, or office of the organisation, or a different client site, not previously declared.
- The worker is working remotely from home on a permanent basis, with little or no need to physically attend a workplace.
- The worker has moved or will be moving to a hybrid working pattern.
- Attending one or more of the employers’ offices, branches, or client sites.
It is important to note that day-to-day changes in an employee’s work location, such as occasional visits to a different branch or working from home sporadically, do not require reporting to the Home Office. The focus of the guidance is to communicate changes to the workers regular working patterns to ensure compliance with the immigration regulations.
Failure to comply with the Sponsor Guidance including changes to a worker’s work location can result in compliance issues and in severe cases jeopardise the employer’s sponsorship licence and the workers immigration status. It is imperative for employers to prioritise adherence to their compliance obligations. Failure to comply with sponsorship duties can lead to legal repercussions.
In the era of remote work, employers must manage their obligations under the immigration system whilst accommodating the needs of their workforce. Effective communication and a collaborative approach between employers, worker’s and the Home Office underpinned by sound legal advice are essential for adhering to the complexities of UK immigration law.
Quastels Corporate Immigration team are highly experienced in advising on UK visa matters. If you have any questions arising from this article, do not hesitate to contact us at corporateimmigration@quastels.com
