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Some of Our Sponsored Workers Work From Home: Should we Notify the Home Office?
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
Statutory Excuses: How Can An Employer Protect Themselves Against Liability For An Illegal Working Civil Penalty?
Navigating the intricacies of employment law, particularly concerning immigration, can be challenging for any employer. However, ensuring compliance with right-to-work regulations is imperative to prevent civil penalty enforcement. This article outlines tips on how an employer can establish a statutory excuse against liability for illegal working civil penalties.
Comply With Right-To-Work Checks
- It is important for HR departments to be familiar with different types of right-to-work checks as set out by the Home Office. These checks can include a manual check, IDVT, or online. Knowing your options is imperative to maintain compliance.
- Consider utilising the IDSP (identity service providers) as this streamlined process can provide a continuous statutory excuse.
Maintain Records
- Maintain and store records of the right-to-work checks you have conducted. It is vital to retain clear copies of the documents throughout employment and two years after employment ends.
Set A Reminder And Follow Up
- If an employee holds leave with a time-limited right to work, ensure you diarise follow up checks are caried out before a statutory excuse expires. Failure to adhere to this requirement will result in liability of a civil penalty.
Maintain Your Knowledge
- Immigration rules and regulations are in a state of constant flux. It is important to keep abreast of the latest guidelines issues by the Home Office to ensure compliance.
Obtain External Support
- Experienced lawyers in Immigration & Employment law can provide tailored advice and ensure your HR departments and employees are provided with up to date training to prevent exposure to civil penalties.
- Establishing and pleading a statutory excuse against illegal working civil liabilities requires adherence to the protocols outlined above. Following the above tips employers can mitigate risks and ensure compliance with immigration laws.
The Immigration team at Quastels are highly experienced at advising on UK visa related matters. If you have any questions arising from this article, please do contact us at corporateimmigration@quastels.com
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UK Immigration Perspective on the New UK Tax Regime
Following the recent Budget announcement, the proposed and radical changes to the tax regime have sparked discourse among professionals within the private wealth space. One of the key impacts is the abolition of the non-dom tax regime, a key attraction for wealthy clients considering residency in the UK. The impact of this change could potentially shake the UK’s competitiveness as a destination for talent and wealth.
Effective from the 6 April 2025, the new tax regime will apply to new arrivals who have lived outside of the UK for a consecutive 10 tax year period. These individuals will benefit from tax relief for a four-year period, allowing them to bring wealth to the UK without incurring additional tax charges. The new regime will also apply to existing UK resident non-doms who have been in the country for four years or less.
Residency Challenges
Whilst the four-year relief period may appear manageable, it poses challenges in alignment with immigration residency requirements. For individuals intending on securing British Citizenship, a continuous UK residence of five years is typically required for settlement, followed by an additional year for citizenship eligibility. This dealignment raises concerns about the practical capability for individuals seeking citizenship under the new regime.
As the UK anticipates elections later this year, the potential for a change in government adds another layer of uncertainty. The implications of a shift in leadership on the newly proposed tax regime remain to be seen, and it underscores the complexity and challenges of the private wealth space.
Next Steps
Our advice to our clients is to consider taking pre-emptive steps to secure your residency in the UK by April 2025. If you are considering obtaining residency in the UK, our team of lawyers can provide you with a strategy together with our tax colleagues to enable you to secure temporary or permanent residency, this is particularly important if you own property in the UK.
If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.