Remote work in the UK
Published
Immigration reform around the world has been accelerated by the exceptional circumstances of the 2020-2021 Covid-19 pandemic. In most cases, these reforms were temporary emergency measures to protect public health, including travel bans, mandatory testing, quarantine and other conditions that in normal times might be considered draconian, extreme and contrary to the national interest.
Recently, however, many countries have been reforming their laws Remote Work seen as a progressive complement to the policy goals of attracting foreign investment and promoting international interest.
In principle, most countries currently make a simple legal distinction between visitor activities (without paid work on site) and employment activities that require an on-site sponsor. Remote Work " is typically not permitted unless the specific activities fall within a limited number of approved permits. Working for a foreign company "remotely" is typically not recognized under visitation programs and could place a person in legal difficulties if the relevant authorities become aware of such activities.
A new trend is emerging that recognizes remote workers as "digital nomads" who do not threaten the integrity of local immigration regulations but can provide a benefit to the host country, especially as they spend their foreign salaries in the local economy, without affecting the local labor market to endanger. As a result, several countries (except the UK) have developed digital nomad programs or changes to local visitation rules to welcome this new group of international workers.
The UK approach
United Kingdom - Source: konpasu.de
As flexible working arrangements become the new model for employers around the world, employees can now look to relocate their jobs abroad. We are assessing whether this form of remote working is permitted under UK immigration rules.
Working as a visitor in the UK
Visitors are not permitted to work in the United Kingdom unless specifically permitted within the permitted activities set out in the Visitors Appendix: Permitted Activities.
Except as provided in this appendix, visitors are not permitted to:
- take up employment in the UK;
- work for an organization or company in the UK;
- to start or run a business as a self-employed person;
- to complete an internship;
- to complete an internship;
- Offer goods and services.
Visitors' activities must not amount to employment or work which amounts to filling a vacancy or providing short-term replacement for a vacancy in a UK-based organisation. If the visitor is already paid and employed outside the UK, they must remain so.
A visitor may carry on general business activities in the United Kingdom. For example, he can take part in conferences, seminars, meetings or interviews. They may also give one-off or short presentations (provided they are not commercial events), negotiate and sign contracts, and conduct site visits.
Additional provisions for intra-company activities allow an employee employed by a foreign company to advise, solve problems or provide training, skills and knowledge within the same group of companies in the UK. A limited number of other provisions in the Visitation Rules also apply to scientific, academic, legal, religious, creative and sporting areas.
Only in very limited circumstances may a visitor receive remuneration from a UK source for work carried out in the UK.
Remote work for visitors
The guide for immigration officers refers specifically to the Remote Work and states that visitors to the UK may carry out activities related to their employment abroad, such as: E.g. make phone calls or send emails. However, the main purpose of the trip must be a permitted activity.
A visitor cannot come to the UK for the primary purpose of working remotely. A case worker or border officer must ensure that the person concerned does not intend to live in the UK through frequent and consecutive visits and, if working remotely, that they are actually employed abroad and are not seeking work in the UK .
Applying for a visa to work in the UK
Remote Work from Home - Source: karrierebibel.de
The UK has no immigration requirements for people working in the UK for a non-UK entity. In order to obtain a work visa (e.g. skilled workers, intra-company transfer), an individual must be sponsored by a UK commercial company for permitted work. The company must be an approved sponsor by the UK Visas and Immigration Agency.
Temporary workers can come to the UK under various categories, including youth mobility, government-approved exchange and seasonal workers.
Following the United Kingdom's withdrawal from the European Union and the end of freedom of movement, EU citizens who do not have other status in the United Kingdom will not have the right to live and work in the United Kingdom.
The future
UK immigration laws are ripe for reform in this area if we are to recognize the international nature of flexible working and accept that such reforms do not pose a threat to our system of immigration control or the integrity of our labor market.
The UK government will introduce reforms in 2022 and it is possible that the scope of permitted activities will also Remote Work includes. The Migration Advisory Committee - a group of professional economists tasked with advising the government on immigration issues affecting the labor market - has recommended that "the Home Office should consider how visitation arrangements could be adjusted to allow for time-limited, essential work trips to the United States Kingdom to facilitate".
While such changes would undoubtedly not lead to complete regulation of digital nomads, they could be a step in the right direction.
conclusion
When deciding whether a person is allowed to work remotely in the UK, one must consider the main purpose of the visit, the type of work the person will be carrying out in the UK and the duration of the trip. It is unlikely that current visiting arrangements will allow a person to travel to the UK to work solely remotely if they intend to stay for a longer period. However, if a person wishes to travel to the UK for a short holiday instead, it would be acceptable for them to receive telephone calls or emails relating to their work abroad. If a person wants to work productively for a UK company, they must first apply for a work visa.
