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I’m on a Skilled Worker visa. How long can I spend outside of the UK?

As one of the most popular visa routes, Skilled Worker visa holders must ensure that they understand the rules regarding the length of stay outside the UK, as it can affect their future immigration prospects.

The Skilled Worker visa, which replaced the Tier 2 (General) visa in December 2020, allows employers who hold a Skilled Worker Sponsor licence to sponsor foreign skilled workers in the UK.

As a Skilled Worker visa holder, you are permitted to travel outside the UK during your visa without restrictions, provided you have the permission of your employer. This includes annual leave entitlement.

However, if you wish to apply for Indefinite Leave to Remain (ILR) as a Skilled Worker in the future, it is important to note that you must meet the ‘continuous residence requirement’. The requirement states that you must not have been absent from the UK for more than 180 days in any 12-month period, either through a single absence or through combined multiple absences (“the 180 day rule”). If you do not meet this requirement, your application for ILR may be refused.

If you do not meet the 180 day rule, you may still be eligible to apply for an extension of your Skilled Worker visa.

In certain circumstances, it may be possible to seek discretion where the rule is not met if the absence was for a compelling reason, however, it is advisable to seek professional advice in respect of any discretionary application.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to  contact us  for advice, send us an  e-mail , or, alternatively, follow us on  Twitter ,  Facebook , In stagram , or  LinkedIn  to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

© Gherson  2023

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• Entering and staying in the UK
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Applicant's guide to applying for a Skilled Worker visa (accessible version)

Updated 25 February 2022

© Crown copyright 2022

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This publication is available at https://www.gov.uk/government/publications/uk-points-based-immigration-system-employer-information/applicants-guide-to-applying-for-a-skilled-worker-visa-accessible-version

1. Check you need a UK visa

Before you apply, first check if you need a visa and what type you need.

You must have a job offer from an approved UK employer before you apply for a Skilled Worker visa. Approved employers are also known as ‘sponsors.

If your employer is not currently approved, they can apply for a sponsor licence if they’re eligible.

Irish citizens do not require a visa.

2. Check your Skilled Worker visa eligibility

Use this online tool to check your Skilled Worker visa eligibility .

To apply for a Skilled Worker visa, you must have a ‘certificate of sponsorship’ from your employer.

To find out if your job is eligible, ask your employer for your 4 digit occupation code. When you have your code, view the table of eligible jobs to see if it’s included.

You must prove you can speak, read, write and understand English to a specific level .

You’ll usually need to be paid at least £25,600 per year, £10.10 per hour, or the ‘ going rate ’ for your job, whichever is highest.

You must apply for your visa online within 3 months of getting your certificate of sponsorship.

You’ll need to prove your identity and provide documents to show your eligibility. How you do this depends on where you’re from and what type of passport you have.

You’ll either go to an appointment at a visa application centre or use the ‘UK Immigration: ID Check’ smartphone app. You’ll find this out when you start your application.

Once you’ve applied online, proved your identity and provided your documents, you’ll usually get a decision within 3 weeks if you’re outside the UK and within 8 weeks if you’re inside the UK.

When you apply for a Skilled Worker visa, you’ll need to have enough money to:

1. Pay the application fee -the standard fee ranges from £610 to £1,408 depending on your circumstances. You’ll pay a lower application fee if your job is on the shortage occupation list.

2. Pay the healthcare surcharge -this is usually £624 per year

3. Support yourself when you arrive in the UK -you’ll usually need to have at least £1,270 available (unless you’re exempt)

Your partner and children can also apply and will also need to pay costs.

You’ll be told how much you need to pay when you apply.

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6 things to do after arriving in the uk on a skilled worker visa.

1 July 2022

Receiving a letter from the Home Office notifying you that your Skilled Worker visa has been granted is an exciting milestone in your immigration journey. If you have applied for your Skilled Worker visa from overseas, this is the point where you can safely book your travel and begin making the necessary arrangements for your relocation to the UK.

Whilst it may seem as though you’ve done everything you need to do once you’ve touched down in the UK and passed through border control, there are some important final steps you will need to take after you arrive.

To help you plan your next steps, Smith Stone Walters has put together the below post-arrival checklist for Skilled Worker visa holders.

Collect your BRP

If you applied for your Skilled Worker visa from overseas, you will need to collect your Biometric Residence Permit (BRP) once you have arrived in the UK. A BRP is a document issued to foreign nationals who have been granted a visa or immigration permission to live, study or work in the UK. Your BRP is an important document which provides evidence of your immigration status in the UK.

You will usually need to collect your BRP before the vignette sticker in your travel document expires or within 10 days of arriving in the UK, whichever is later. BRPs can be collected from either:

• A named Post Office branch
• An Alternative Collection Location (ACL).

Certain organisations such as legal representatives or large volume sponsors can request to become an accredited ACL if they meet the Home Office eligibility requirements. Smith Stone Walters is pleased to offer this service to our clients, with both of our UK office locations accredited as ACLs. By instructing SSW to manage your visa application, you can choose to have your BRP sent to our office address where it will be held securely until you can collect it or we can send it to your address. Your dedicated SSW Account Manager will take receipt of your BRP when it arrives at the SSW office, and notify you when it has arrived.

Know how to prove your immigration status

Your Skilled Worker visa grants you permission to live and work in the UK for the duration of its validity. However, there are certain situations that may arise during your stay where you need to prove your immigration status to others, such as your employer or landlord.

Before you start work, your sponsoring employer will need to carry out a right to work check to ensure you have the necessary permission to work in the UK. Likewise, before you can enter into a tenancy agreement to rent a property in England, your landlord will need to carry out a right to rent check.

Recent changes to the rules on right to work checks and right to rent checks mean that employers and landlords can no longer accept some physical documents such as BRPs as proof of your status. Instead, they will need to carry out the necessary checks online. This is also the case if you have an eVisa.

To enable your employer or landlord to carry out an online check, they will ask you to provide them with your date of birth and your ‘share code’. Your share code is a 9-character long unique code which you can generate online and will enable your employer or landlord to access the necessary information on the Home Office system.

Register with the police

Under UK immigration rules, certain foreign nationals are required to register with the police shortly after arriving in the UK or after getting permission to stay for longer in the UK. You will usually need to register if all of the following apply:

• You are 16 or over
• Your visa (or permission to stay in the UK) is for longer than 6 months
• You are a citizen of a listed country .

You can find out if you need to register by checking your visa ‘vignette’ (sticker in your passport), or the letter or email you got from the Home Office when your application was approved. To register, you will need to attend an appointment at the police station for your area and pay the £34 fee. Where you register is determined by where you live as opposed to where you work or study.

After registering, you will be issued with a Police Registration Certificate (PRC), a document which proves the holder has complied with the requirements of their UK visa. You will need to keep your PRC for the duration of your stay in the UK, and must inform the police of any changes to your circumstances, such as a change of address or if you have been granted a new visa.

Important Note: The police are currently working through a backlog of registrations following COVID-19, leading to long delays in securing appointments. The Metropolitan Police has issued a statement on their website informing visa holders that the next available appointments for police registration are not until 2023. No penalty action will be taken as a result of earlier appointments not being available.

Open a UK bank account

Opening a UK bank account is one of the first things you should arrange when you arrive, if you haven’t already done so. Many employers will specify that their employees must have a UK bank account or building society which their salary will be paid into. In most cases, you’ll also need a UK bank account to set up a mobile phone contract and pay household bills directly.

To open a bank account in the UK, you will usually need to provide proof of your address in the UK and confirm your identity using documents such as your passport and BRP, if you have one. In some cases, you may be able to open an account with a UK bank before you arrive here. Some banks offer international bank accounts which can be opened overseas before you travel. If you choose this option, it may take a little longer than if you open one in the UK.

For more information and help with setting up an account, you are advised to contact your chosen bank directly.

Apply for a National Insurance number

You need to apply for a National Insurance (NI) number if you intend to work in the UK. You can only apply when you’re in the UK. You can start work without a NI number if you can prove that you have a right to work in the UK . If you have a BRP, you might have a NI number already – it will be printed on the back of your BRP if you do.

You are advised to speak to your employer’s HR team who may be able to help with a temporary NI number when you are added to the payroll. More information on obtaining a NI number can be found here .

Register with a doctor

Most people applying for a Skilled Worker visa are required to pay the Immigration Health Surcharge (IHS) as part of the application process. The IHS is a fee which allows migrants to access free healthcare on the NHS for the duration of their stay. You will usually need to pay the health surcharge if you’re applying for a visa that’s valid for more than 6 months, unless an exemption applies.

You can start using the NHS as soon as you arrive in the UK. It is a good idea to register with a GP surgery close to where you will be living. More information on finding a local GP surgery and how to register can be found here .

SSW’s Skilled Worker visa service

If you have a confirmed job offer in the UK and need help with applying for your Skilled Worker visa, Smith Stone Walters can help.

Our immigration experts can guide you and your employer through the entire process, from filing the application right through to post-arrival support and next steps once your visa expires. To find out more about the UK immigration services we offer, please contact us today .

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A complete guide to the UK’s Skilled Worker visa

• Citizenship
• Immigration
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If you would like to live and work in the UK, but don’t have family ties to the country, getting a work visa may be your best option. Here is a complete guide on the UK’s Skilled Worker visa and how to obtain one.

Oct 18, 2022 by Telerik.Sitefinity.DynamicTypes.Model.SableTeamMembers.Member

What is a Skilled Worker visa?

A Skilled Worker visa , formerly called the Tier 2 visa, allows you to live and work in the UK. After Brexit a new immigration system was created that brings both EU and non-EU-citizens under a singular immigration regime.

What are the Skilled Worker visa’s requirements?

Anyone coming to the UK for work purposes must meet a specific set of requirements for which they will score points. Applicants are required to obtain 70 points to qualify. There is some flexibility around the criteria you need to meet based on your skills, qualifications, and job you wish to apply for.

There are three mandatory requirements, which total 50 points:

• A job offer from an approved sponsor (20 points)
• A job at an appropriate skill level (20 points)
• Speaking English at the required level (10 points)

The remaining 20 points may be earned if the salary is at the “going rate” for the profession, by having a job on the skills shortage list , or by having a PhD in a subject relevant to the job.

To determine if the job you are applying for is eligible for the Skilled Worker visa, you can use the UK government’s Skilled Worker eligibility calculator . This tool will tell you whether the UK employer is licensed to employ foreign workers and help you determine if you meet the conditions needed to qualify for a Skilled Worker visa.

It is important to understand the Skilled Worker visa eligibility and application requirements to avoid issues or delays with the application. A refused application will result in the loss of your application fee.

Who can employ foreign workers in the UK?

A Certificate of Sponsorship (CoS) is a virtual document that an employer must provide to any propsective employee in order for them to apply for a visa.

In order to allocate a CoS, an organisation must hold a valid sponsor licence  and have access to the Sponsor Management System (SMS). If an organisation would like to apply for a sponsorship license, they must demonstrate that they are a genuine organisation operating lawfully within the UK.

They will also need to prove that they can carry out visa sponsorship duties and that they have appropriate HR and recruitment practices and systems in place. Once an organisation has a sponsor licence, it gives them permission to employ foreign skilled workers via their online SMS account, which assigns a certificate number the employee must use when submitting their visa application.

If the company that offers you a job does not yet hold a sponsorship licence, we can help them apply for one

What you can and cannot do on a skilled worker visa.

With a Skilled Worker visa, you can:

• Work in an eligible job
• Bring your partner and children with you as your “dependants” if they are eligible
• Do voluntary work
• Travel abroad and return to the UK
• Apply to settle permanently in the UK after a period of five years

Skilled Worker visas do not allow you to do the following:

• Access social benefits
• Change jobs or employers unless you apply to update your visa

How much does a Skilled Worker visa cost?

Before applying for a Skilled Worker visa, it is important to know the costs involved. You will need enough money to pay the application fee, healthcare surcharge and to support yourself when you arrive in the UK. Your application fee will be lower if your job is on the shortage occupation list.

• The application fee ranges from £625 to £1,423 depending on your individual situation. If you are applying from outside of the UK, the standard fee is determined by whether you’ll be in the UK for up to three years or longer.
• The healthcare surcharge is normally £625, which you will have to pay for each year your visa is valid for. This will also apply to your dependents.
• To support yourself once you arrive in the UK, you will need to have at least £1,270 available.

(All fees are as they stand at time of publication in October 2022)

How the Skilled Worker visa can lead to permanent residence

Your initial Skilled Worker visa will be valid for up to five years. After which you may be able to settle permanently in the UK. Indefinite leave to remain  (ILR), also known as permanent residency, gives you the right to live, work and study in the UK, without restriction for as long as you like, and potentially apply for benefits if you are eligible. After holding ILR status for 12 months, you may then be eligible to Naturalise as a British Citizen .

To qualify for ILR you need to:

• have lived and worked in the UK for five years in an appropriate visa category
• meet the salary requirement
• not have been out of the UK for more than 180 days in any rolling 12-month period during the five years
• continue to be employed at your job and meet the salary requirements 

Other work visa options

There are other visa options that you can apply for to work in the UK.

UK Expansion Worker visa (Global Business Mobility route) 

A UK Expansion Worker visa  allows you to come to the UK to set up a branch of an overseas business that has not yet started trading in the UK. However, you must already work for the business as a senior manager or specialist employee.

To be eligible for this visa you will need to have a valid CoS from your employer, have worked for the employer outside the UK, do a job that’s on the list of eligible occupations list and be paid the minimum salary required for your job.

Scale-up visa

A Scale-up visa  allows you to come to the UK to do an eligible job for a fast-growing UK business. You must have a confirmed job offer to work for an approved scale-up business for at least six months and you can only stay in the UK with this visa for two years without renewing it, unlike the Skilled Worker visa and the Global Business Mobility route.

Graduate Visa

International students who have completed a degree at an undergraduate level or above at a UK Higher Education Provider may be eligible to stay in the UK for at least two years after successfully completing their course.

A Graduate visa  allows you to work in most jobs, volunteer, travel abroad and return to the UK. You cannot, however, apply for benefits or work as a professional sportsperson.

Need help with applying to work in the UK? We help individuals and businesses navigate all aspects of UK immigration and can assist with ongoing employee immigration management. Contact us at +44 (0) 20 7759 5307 or email [email protected] .

We are a professional services company that specialises in cross-border financial and immigration advice and solutions.

Our teams in the UK, South Africa and Australia can ensure that when you decide to move overseas, invest offshore or expand your business internationally, you'll do so with the backing of experienced local experts.

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Skilled Worker Visa

What is the skilled worker visa.

The Skilled Worker route allows certain professionals to live and work in the UK for up to 5 years at a time. To be eligible, they need to be sponsored to do a specific skilled job for an employer approved by the Home Office.

This visa has replaced the Tier 2 Work visa.

Skilled Worker visa requirements

Applicants for the UK Skilled Worker visa must have a job offer in an  eligible skilled occupation  from a Home Office licensed sponsor. They must be paid a minimum salary that can be either £25,600 per year, £10.10 per hour, or the  annual going rate  for the type of work that they’ll be doing.

If the applicant works in some healthcare or education jobs, their going rate will be based on national pay scales.

Skilled Worker visa certificate of sponsorship requirement

A skilled worker eligible for the UK Skilled Worker visa will need a certificate of sponsorship. 

The certificate of sponsorship is an electronic record with a reference number that applicants must submit along with their application. The applicant’s employer is responsible of providing him or her with this certificate. 

After the date of issue, the certificate is valid for 3 months. 

UK Skilled Worker visa English language requirement

The applicant for the UK Skilled Worker visa must have English language skills equivalent to level B1 of the Common European Framework of References for English language in all 4 components (reading, writing, speaking and listening).

The applicant for the UK Skilled Worker visa doesn’t need to prove their English skills if they’ve already stayed in the UK with another visa, or if they come from a majority English speaking country, such as:

• Antigua and Barbuda
• The Bahamas
• New Zealand
• St Kitts and Nevis
• St Vincent and the Grenadines
• Trinidad and Tobago

Applicants can also be exempt from proving their English skills if they have a Bachelor’s or Master’s degree or a Ph.D. in the UK or other majority-English-speaking country. 

If that’s not the case, the applicant must pass an English test at a Secure English Language Test center, which has been approved by the Secretary of State and has provided their unique reference number for the test.

Conditions of the UK Skilled Worker Visa

UK Skilled Worker visa holders are subject to certain conditions:

• They can only do the job they’ve been sponsored to do, plus voluntary work and extra work in the same occupation code and at the same skill level or in a shortage occupation for no more than 20 hours a week.
• They must have no access to public funds (such as a State Pension).
• They can study, although in some cases, an Academic Technology Approval Scheme (ATAS) certificate may be needed for that.

Skilled Worker visa fees

The standard fee ranges from £625 to £1,423. It depends on how much time the applicant will be staying in the UK. The Skilled Worker visa allows successful applicants to stay in the UK for up to 5 years, but they can choose to spend less time in the UK.

If they want to stay in the UK for up to 3 years, the application fee is £625 per person. If they want to stay in the UK for more than 3 years, the application fee is £1,235 per person.

To extend, switch, or update the visa, the fees are £719 per person (up to a 3-year stay) or £1,423 per person (more than 3 years).

If the applicant will do a job on the shortage occupation list, fees are reduced to £479 (if they’re staying for up to 3 years) and £943 (if they’re staying for more than 3 years). 

Plus, the applicant must cover the immigration healthcare surcharge, which is usually £624 per year. They must also have at least £1,270 available in a bank account for 28 days in a row to show that they can support themselves when they arrive in the UK. 

How to apply for a Skilled Worker visa

The application must be done online. Applicants will be required to present a passport or other document that proves their identity and nationality. They may be able to scan these documents through the UK Immigration: ID Check app, or they could need to visit a visa application center in person to provide biometric information. 

The UK Skilled Worker visa can be requested up to 3 months before the date that the applicant is due to start work in the UK. The date can be found in the applicant’s certificate of sponsorship. 

Required documents for UK Skilled Worker visa

Apart from identity documents, the applicant for the UK Skilled Worker visa will be required to submit:

• A certificate of sponsorship with a valid reference number.
• Proof of the applicant’s knowledge of the English language.
• The job’s occupation code, title, and annual salary.
• The applicant’s employer’s name and sponsor license number.
• Financial evidence of personal savings (£1,270), for example, a bank statement.

Nationals of  certain countries  will also be required to submit a tuberculosis test. 

Skilled workers eligible for certain jobs could be asked for a criminal record certificate. 

UK Skilled Worker visa holders’ family

Certain family members of UK Skilled Worker visa holders can apply to join them in the UK. These are:

• Wife, husband, civil partner, or an unmarried partner who has been living with the applicant for at least 2 years.
• Children under 18 years old.
• Children over 18 years old if they live with the applicant, depend financially on them, and do not have their own partner and children.

Family members must be able to support themselves while they’re in the UK, that’s why they will need to have a minimum of £285 for the partner, £315 for one child, and £200 for each additional child for 28 days in a row. 

Plus, they must pay their own UK Skilled Worker visa application fees because they must apply separately from the main applicant. They should also prove their identities and their relationship with the main applicant. 

How to extend the Skilled Worker route visa

 UK Skilled Worker visa holders can extend their visa if, at the time of expiration, they keep the same job in the same occupation code  and  they keep working for the same employer that issued their certificate of sponsorship. 

As long as they meet these requirements, the UK Skilled Worker visa holders can extend their visa as many times as they please for 5 years at a time. However, after the first 5 years, they are also able to apply to settle permanently in the UK. 

Application for extension must be done online before the current  UK Skilled Worker visa expires.

How to switch to the UK Skilled Worker visa from other visas

Switching to this visa is possible if the applicant meets the eligibility requirements and hasn’t spent time in the UK as a visitor, short-term student, parent of a child student, domestic worker in a private household, seasonal worker, on immigration bail, or outside normal immigration rules (for example, on compassionate grounds). 

If the applicant has had any of these visas recently, they must apply for the  UK Skilled Worker visa  from abroad.

Receiving decision on Skilled Worker visa

On average, receiving decision the first time that someone applies for  the UK Skilled Worker visa from abroad takes up to 3-4 weeks.

People who are applying to extend this visa or to switch to it from another visa can expect to receive a decision within 8 weeks from the application date.

Frequently asked questions about UK Skilled Worker visa

• Can I apply for this visa if my job pays less than £25,600 or below its going rate?
• This is possible for people with a postdoctoral position in science or higher education, skilled workers who do jobs in shortage occupation, applicants under 26 years old who’ve recently graduated or are in professional training, or professionals with a STEM PhD level qualification that’s relevant for the job they’ll be doing in the UK. However, they must still earn at least £20,480 per year or at least £10.10 per hour to be considered for the exemption. 
• Can I change jobs while I’m in the UK with the Skilled Worker visa?
• No. If you change your job or your employer, you must update your visa. To do this, your new job must meet the eligibility requirements and your new employer must issue a certificate of sponsorship for you.
• How can my family link their application to mine?
• They will need to add your application number to their own application. This number is called Global Web Form (GWF) or a Unique Application Number (UAN) and can be found in emails and letters from the Home Office.
• Can I travel abroad with this visa?
• You can travel abroad and return to the UK as you wish, provided that there isn’t an application for extending, switching, or updating your visa in progress.
• What is an indefinite leave to remain?
• It is your right to settle permanently in the UK after you meet the requirements to do so. One of these requirements is to spend 5 years in the UK, which the Skilled Worker visa allows you to do. 

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• Before You Go
• Passports and Visas

Your career goals don’t have limits, so why should your job search? Take your career beyond borders by finding work abroad this year! Or, prior to finding jobs abroad, you can also travel on a tourist visa, since the stipulations typically aren’t as strict. There are travel and work visas available to Americans in over 50 countries around the world—and, for tourists, global visa application services like Byevisa can help simplify the process. 

Getting a work visa doesn’t need to be a painful process; in fact, you’ll find yourself working your dream job abroad in no time! However, there is some preparation involved, so make sure to do your research (reading this article is a great first step!).

Need an apostille for your visa? Apostille Courier Express can help!  

What’s the typical process like for obtaining a work visa.

Don’t be intimidated by a long visa process—it’ll pay off (sometimes literally).

The work visa application process varies depending on your nationality and destination, but usually you’ll need to first secure a job offer and sponsorship. Depending on your destination, you may also need to prove residency.

You can find out what exactly you’ll need by contacting the consulate or embassy of the country you plan to work in; usually this information can be found online though. If you already have a job offer, your employer may be able to submit paperwork on your behalf.

Online applications are one of the easiest ways to get a work visa. Many visa services offer step by step applications, eVisa expert support, and visas delivered right to your inbox. For non-Americans, these can be great resource for finding visa information for your nationality.

As you now know, getting a work visa largely depends on your country of choice. To fuel your adventurous spirit, explore the countries where it’s easy to get a work visa!

11 easiest countries to get a work visa (for Americans)

1. australia and new zealand.

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• Why? When thinking about the easiest countries to get a work visa, the South Pacific immediately comes to mind. Australia and New Zealand offer working holiday visas to Americans aged 18-30 years old for a period up to 12 months. Usually these are available for a fee and a ticket home (or proof that you’ll be able to purchase one). Other visas are more skill-based for those with an engineering degree or who can pass a skills assessment. 
• Popular types of work: You’ll find that Australia and New Zealand are full of Americans and others on work visas in the hospitality, tourism, and service industries. This is no surprise seeing as both countries have stunning landscapes and natural wonders to explore. You could spend your down time snorkeling the Great Barrier Reef or tramping (hiking) the South Island of New Zealand!

2. The Netherlands

• Why? If you have a great idea for a new business or product, this may be the easiest country to get a work visa. The Netherlands offers a one-year residency for foreigners to start a business. After 12 months, entrepreneurs apply for the self-employed work permit. All you need to get started is a dream! 
• Popular types of work: This visa is specific to those who wish to start a business and be self-employed (scientists, innovators, inventors, and designers).

3. Cambodia

• Why? Cambodia is not only the easiest country to get a work visa, it’s also one of the best countries to get a work visa! The popular business visa is easily renewable and you’ll be surrounded by other expats, living and working in a paradise, surrounded by fascinating history and culture.
• Popular types of work: While the business visa is easy to get, technically you’ll also need to apply for a work permit to legally work in the country. Freelancing and remote work are popular in Cambodia, but it’s also easy to find other types of jobs in tourism or teaching .

Germany is a great place to launch your career.

• Why? Germany (and other European countries) offer work visas for graduate students. If you’re thinking about studying AND working abroad, this would be the perfect country of choice for you! There is also an “artist visa” available in Germany, which you could apply for if you would like to be self-employed and can show a thought-out business plan.
• Popular types of work : Skilled workers in the technology and health sectors are needed in Germany, but there are also many other types of work available in this economically strong country.
• Why? There are no age restrictions for those applying for a visa to work in Ireland, and the working holiday visa is quite easy to get! However, you’ll need to be a student or recent graduate to be eligible. Otherwise, the normal work visa is also available but may be a bit more difficult to secure. If you have a specific skill set, that will aid you when applying.
• Popular types of work : You’ll most likely have the best chance of finding work in the cities of Dublin, Limerick, and Cork. There are a growing number of multinational corporations located in Ireland that may be able to sponsor you, but there are also plenty of opportunities in the education, hospitality, or service industries. The Irish are welcoming and friendly; the Emerald Isle is a great place to find work abroad!
• Why? China is one of the easiest countries to get a work visa as it constantly needs native English speakers to teach in classrooms throughout the country. If you are thinking about getting a TEFL (Teaching English as a Foreign Language) certification, China would be the perfect destination for you.
• Popular types of work : Increasingly, teachers are not the only coveted international job-seekers in China. You could find yourself working in any number of industries, but you may need to know a bit of the Chinese language (the official dialect is Mandarin) for these. (No fluency? No problem! Check out these translation earbuds .)

7. Singapore

There’s no shortage of adventures waiting in this city.

• Why? Singapore is one of the world’s largest financial centers and offers work visas for up to six months. The country’s working holiday visa is offered to students and recent graduates, and is quite easy to obtain. Often, this visa leads to a sponsorship once graduated, and about one-third of Singapore residents are expats!
• Popular types of work : Finding work in Singapore is easy if you have a skill set that includes information technology, teaching, or hospitality. With a large international community, and high percentage of English-speakers, language is not a barrier to finding employment.
• Why? Ecuador is one of the easiest places to get a work visa in Latin America. As long as you have a Bachelor’s Degree and $400 to your name, you are eligible to work in Ecuador as a freelancer on a “professional visa”.
• Popular types of work : Many international workers find positions at international companies, in the tourism industry, or at an NGO (non-governmental organization). Ecuador is probably the easiest country to get work visa for American.

9. South Korea

• Why? Finding work abroad may be somewhat easy, but what about finding a high-paying job overseas? If you’re worried about financials, South Korea may be the destination for you. English teachers (on the E-2 visa) are paid very well, especially if you have a certification.
• Popular types of work : While teaching is the most popular occupation for foreigners, there is also a working holiday and “looking for work” visa available. For those types of visas, you could work for an international corporation or find work in the service industry.

10. Czech Republic

If teaching English abroad is your goal, Czechia is a great place to find work.

• Why? There are lots of jobs available to international travelers in the Czech Republic, especially in the multicultural city of Prague! The easiest way to get an “employment” visa is to secure work before entering the country, but it’s possible to enter on a tourist/travel visa and find work afterwards.
• Popular types of work : In the Czech Republic, many international workers find employment in the hospitality or food service industries, in information or communication technology, health and social work, and education.
• Why? A temporary work visa is quite easy to get in Canada, and there are few requirements. Visas are also comparatively quite affordable.
• Popular types of work : From nursing to the STEM fields, Canada is a great choice for you to pursue a work visa if you’re looking to further your current career or even start a new one!

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There’s nothing quite like working internationally . You’ll expand your global network, boost your resume, and be living your life to the fullest. There’s a destination for every career, whether you’d like to start your own business, gain experience with an international, multicultural company, or try your hand at teaching.

First, dream big. Second, discover international work opportunities. Lastly, secure your work visa. Make sure you’re ready with this pre-departure checklist . Yes, it can be that easy!

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What are you looking for?

Moving to germany as a skilled worker.

Here are answers to the most frequently asked questions about moving to, and taking up employment in, Germany as a skilled worker.

I want to work in Germany. Do I need a visa?

Before taking up gainful occupation, you require a residence title that authorises you to engage in this work.* Prior to entering Germany, you must apply for a visa at the German mission abroad (Embassy or Consulate General) responsible for your current place of residence.** In most cases, the visa can be issued only following approval by the Federal Employment Agency. Normally, the German mission abroad is responsible for obtaining this approval. If all requirements are met, you will be issued a national visa that is valid for a fixed period. During this period, you must apply for a long-term residence title at the foreigners authority at your new place of residence.

* Not applicable if you have the right to freedom of movement under EU law. Freedom of movement applies to citizens of all EU member states and of Norway, Iceland, Liechtenstein and Switzerland – they can enter Germany without a visa and do not need permission to take up gainful occupation. Accompanying family members who are third-country nationals are normally required to obtain an entry visa via a simplified procedure. After entering Germany, they enjoy the same privileges as their family members who have the right to freedom of movement.

** If you are a citizen of Australia, Canada, Israel, Japan, the Republic of Korea, New Zealand, the United Kingdom or the United States of America , you can enter Germany without a visa. You can then apply for your German residence title at the foreigners authority at your future place of residence in Germany. If you wish to take up gainful occupation immediately after arrival, before you have received your German residence title, then you must apply for a visa that allows you to engage in this occupation

What is a “skilled worker”?

There are two categories of skilled workers: those with professional training and those with academic degrees. Qualifications earned abroad must be officially recognised in Germany. Skilled workers with professional training must have completed an officially recognised professional training programme, which according to German law must be at least two years in length.

Skilled workers with academic degrees must provide evidence that they have obtained a recognised university degree or one that is comparable to a German degree. Skilled workers may only take up positions that are considered “qualified employment”.

What requirements must I meet to qualify as a skilled worker?

You may be issued a residence title for skilled workers that entitles you to take up employment:

• if your foreign degree or certificate * has been officially recognised;
• if you have already been offered a specific job offer – you must ask your future employer to fill out the “Declaration regarding a contract of employment” ( Erklärung zum Beschäftigungsverhältnis )**;
• if you have been issued written permission to exercise your profession (or if you have been expressly assured that you will receive this permission) and if you wish to work in a so-called regulated profession (e.g. in the health care sector);***
• if you meet the respective requirements for foreigners, e.g. a valid passport, secure means of support, etc.

Do not submit a visa application until you have met all of the requirements and are able to present a complete set of supporting documents. If your foreign degree or certificate has not yet been officially recognised, your visa application cannot be processed.

* If you have completed your professional training or higher education in Germany, then official recognition is not required. Different authorities are responsible for officially recognising foreign-earned degrees and certificates . For further information, please refer to: - www.make-it-in-germany.com - www.Anerkennung-in-Deutschland.de - the hotline “Working and Living in Germany” (Arbeiten und Leben in Deutschland): +49 30 1815 - 1111 - Central Office for Foreign Education (Zentralstelle für ausländisches Bildungswesen) If you hold a degree from an institute of higher education and want to work in a non-regulated profession, confirmation that your degree is included in the anabin database may be sufficient. More information: https://anabin.kmk.org/anabin.html

** The required form is available here:

Erklärung zum Beschäftigungsverhältnis (“Declaration regarding a contract of employment”)

Zusatzblatt A zum Formular (Supplement A to the form “Declaration regarding a contract of employment”) (only for visas to carry out the official recognition procedure)

Zusatzblatt B zum Formular “Erklärung zum Beschäftigungsverhältnis” (Supplement B to the form “Declaration regarding a contract of employment”) (only for visas for secondments, ICT, staff exchanges)

For skilled workers the work must be subject to compulsory social insurance contributions in Germany. Special conditions apply to secondments. *** Information on regulated professions can be found at www.anerkennung-in-deutschland.de . and (in German only) at https://web.arbeitsagentur.de/berufenet/ergebnisseite/reglementierte-berufe?berufecluster=reglementiert . The authorities that issue written permission to exercise certain professions also determine whether or not they officially recognise your degree or certificate.

I have a degree from a foreign university. What are my options?

You can find information on the different types of visa that are possible here: www.make-it-in-germany.com/en/visa-residence/types/work-qualified-professionals

I do not have a university degree, but I did complete professional training abroad. What are my options?

You can be issued with a residence permit to take up a skilled occupation provided it has been established that your professional training abroad is equivalent to comparable training programmes in Germany. This means you may also take up gainful employment in another occupation. Assistant positions and semi‑skilled occupations do not qualify; it must be a skilled occupation. The Federal Employment Agency checks whether the occupation in question is skilled.

If I am already 45 or older, can I still enter Germany as a skilled worker?

Yes, but certain conditions must be met. If you are unable to obtain an EU Blue Card and your gross annual income will be below a certain amount (less than 55% of the annual assessable income ceiling for the general pension insurance scheme), you must additionally provide proof that you already have suitable old-age provision. This may be proof of existing cover under a statutory pension insurance scheme in your country of origin or in another country, private pension or life insurance policies, or real estate and other assets. The Federal Employment Agency or the mission abroad that is responsible for your visa application will provide information as to whether this proof is required in your specific case

I want to conduct research in Germany. Are there special regulations for this?

You can apply for a residence permit for researchers if you have signed an agreement with a public or private research institute for the pursuit of a research project. You do not need to obtain official recognition of your qualifications. However, you must have earned at least a university degree that entitles you to enrol in doctoral programmes. The residence permit for researchers does not necessarily require a contract of employment – grant recipients, for example, are eligible to apply as well. If you also meet the requirements for the EU Blue Card, then you can choose whether to apply for the Blue Card or for the residence permit for researchers.

More information is available here: www.make-it-in-germany.com/en/visa-residence/types/other/research

I do not have a degree in IT, but I do have job experience. Does that mean I cannot work in Germany?

To be employed in the field of information and communications technology, you are not required to present proof that you qualify as a skilled worker. For more information, visit: www.make-it-in-germany.com/en/visa-residence/types/other/it-specialists

Are there other possibilities to enter, and take up employment in, Germany?

Residence titles can be issued for occupations regulated by the Employment Ordinance, regardless of whether the recipient qualifies as a skilled worker. These include management positions in companies, certain secondments, professional drivers, specialist chefs, artists, athletes, certain internships and people employed under contracts for work and services. (See: https://www.make-it-in-germany.com/en/visa-residence/types/other )

Professionally experienced workers with a foreign university degree or foreign training that is not formally recognised in Germany may also obtain a residence title in order to take up employment, see https://www.make-it-in-germany.com/en/visa-residence/types/visa-professionally-experienced-workers

Moreover, citizens of certain countries* may be permitted to work in any occupation. If you wish to work in a regulated profession, it is compulsory for you to have obtained, or been assured that you will obtain, written permission to exercise your profession. In most cases, approval by the Federal Employment Agency is required. For secondments (i.e. in-company transfers) of managers, specialists and trainees, an ICT Card may be issued.

* namely: Andorra, Australia, Canada, Israel, Japan, the Republic of Korea, Monaco, New Zealand, San Marino, and the United States (Section 26 (1) of the Ordinance on the Admission of Newly-Arrived Foreigners for the Purpose of Taking up Employment). Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia (Section 26 (2) of the Ordinance on the Admission of Newly-Arrived Foreigners for the Purpose of Taking up Employment).

Can I bring my family?

A skilled worker’s spouse and minor children (i.e. immediate family) may apply for visas for the purpose of family reunification. These visas can be requested at the time the skilled worker submits their own visa application.

I have not yet found an employer. Can I enter Germany before I find employment?

You may apply for a visa that will permit you to look for employment in your area of qualification that will be valid for up to six months, provided that your foreign degree or certificate has been recognised .* If you wish to work in a so-called regulated profession (e.g. in health care), you must have either obtained, or have been assured that you will be given, written permission to exercise your profession. Skilled workers with professional training must present proof that they have a command of German at the level needed for their desired occupation (generally level B1) .

With this visa, you may work in your professional field on a trial basis for up to ten hours per week.

This type of visa does not yet enable family members to join you.

* If you have completed your professional training or higher education in Germany, then official recognition is not required. Different authorities are responsible for officially recognising foreign-earned degrees and certificates . More information: - www.make-it-in-germany.com - www.Anerkennung-in-Deutschland.de - the hotline “Working and Living in Germany” (Arbeiten und Leben in Deutschland): +49 30 1815 - 1111 - Central Office for Foreign Education (Zentralstelle für ausländisches Bildungswesen) If you hold a degree from an institute of higher education and want to work in a non-regulated profession, confirmation that your degree is included in the anabin database may be sufficient. More information: https://anabin.kmk.org/anabin.html

What can I do if I have a foreign professional training certificate, but this training has not yet been fully recognised?

If your foreign professional training is not fully recognised and has been deemed not to meet the same standards as comparable training in Germany, then you have the option of carrying out additional training in Germany so that you can obtain full recognition. The length of stay for this additional training is 24 months, with the possibility of extension for a total of up to three years. The prerequisite for this is a command of German, normally at level A2 or higher. Employment is permitted while you are carrying out this additional training, with certain restrictions.

It is also possible to begin the recognition procedure only after you enter Germany, while taking up employment from the beginning of your stay in the country, by entering into a “recognition partnership”. To do so, you must have a foreign professional qualification that is recognised by the government of the country in which it was obtained. If your foreign qualification was obtained through professional training, the training programme must be at least two years in length. By entering into a recognition partnership, the employee undertakes to begin the recognition procedure immediately after entering Germany and to pursue this procedure with the goal of having their qualification recognised as being comparable to an equivalent German qualification. The employer, meanwhile, commits to ensuring that the employee is able to acquire the skills or knowledge needed to fill any gaps identified during the recognition procedure. The employee must also have a command of German at level A2 or higher. It is possible to stay in Germany for up to three years while taking part in a recognition partnership.

Thanks to placement agreements for certain occupational groups concluded between the Federal Employment Agency and the public employment services in selected countries, it is possible for skilled workers to take up employment in their field while they are still in the process of obtaining recognition of their qualifications in Germany.

Can I also attend a professional training programme in Germany?

Yes, you may also enter Germany for the purpose of school-based or in-company professional training. While in Germany, you may also take a language course, either as general preparation for professional training or one that is targeted to your profession. To attend a qualified training programme, you must prove that you have a command of German at level B1 or higher. This does not apply if the required language skills are to be obtained through a preparatory language course, or have been certified by the educational institution.

During professional training, trainees are permitted to work for up to twenty hours per week.

If you are not older than 35, you may enter Germany for the purpose of looking for a training position; this visa requires you to have a command of German at level B1 and hold either a diploma from a German school abroad or a higher education entrance qualification. These stays may last up to nine months.

What must I bear in mind if I wish to study in Germany?

Enrolment in a course of study is possible, as is taking preparatory courses, such as a language course. While studying, students may work up to 140 days per year. You may also enter Germany to pursue an internship that prepares you for university studies. Furthermore, you may enter Germany and stay for up to nine months in order to look for a place at university. During this time, you are permitted to work for up to twenty hours per week.

What is the fast-track procedure for skilled workers?

If you have already found an employer, you can authorise this employer to submit a fast-track application* for you as a skilled worker at the local foreigners authority, i.e. at your future place of work. The foreigners authority will advise your employer and be of assistance in filing an application for recognition of your foreign degree or certificate. The authority is also responsible for obtaining the necessary approval from the Federal Employment Agency. The authorities and the Federal Employment Agency must make decisions on recognition and approval within certain deadlines. The fee for this procedure is 411 euro. In addition, there are fees for recognition of your degree or certificate. When all prerequisites that can be examined in Germany have been met, the foreigners authority will issue what is called preliminary approval, which your employer will then send to you. As soon as you have received preliminary approval, you can make a visa application appointment at your mission abroad; this appointment must occur within a period of three weeks. At the appointment, you must present the original letter of preliminary approval together with other documents .** As a rule, the mission abroad will take a decision on your visa application within the following three weeks. The visa fee is 75 euro.

The following are eligible for the fast-track procedure for skilled workers : - skilled workers with professional training - skilled workers with academic training - highly qualified workers - researchers/scientists - managers - professional training courses - measures to obtain recognition of foreign professional qualifications - and people in certain other occupations (see www.make-it-in-germany.com/en/skilled-labour-immigration-using-the-fast-track-procedure-for-skilled-workers-how-does-it-work )

** You can find a list of the documents that you must present when submitting your visa application on the website of the respective mission abroad.

Can the Federal Employment Agency also issue a letter of preliminary approval?

The fast-track procedure is designed for, and may only be used by, skilled workers and a small number of related cases. Your employer may also submit an application for preliminary approval to the Federal Employment Agency. The Federal Employment Agency is however only tasked with examining whether the preconditions related directly to the occupation have been met; it does not check if other prerequisites for the issuing of a visa have been fulfilled. This procedure is not suitable if you are seeking additional support for recognition of your qualification as a skilled worker. However, it is suitable if you wish to take up work temporarily in Germany, e.g. through a secondment.

Where can I find additional information?

For more information and advice, please refer to:

• The Federal Government portal for foreign skilled workers: www.make-it-in-germany.com
• The Federal Government portal on the procedures for obtaining recognition of foreign professional qualifications: www.anerkennung-in-deutschland.de,
• The hotline “Working and Living in Germany” (Arbeiten und Leben in Deutschland), either via its website or by phone: +49 30 1815 - 1111
• The central service point for recognition of professions ( Zentrale Servicestelle Berufsanerkennung, ZSBA ) (open as of 1 March 2020). Various advisory services abroad (e.g. the advice offered by the Pro Recognition service at various German Chambers of Commerce Abroad, which are listed on www.anerkennung-in-deutschland.de ).
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How Long Can You Stay Outside The UK On a Tier 2 Visa

In the United Kingdom, migrants who have been given a chance to work and authorised by UKVI are likely to use a Tier 2 Visa, which is now called the Skilled Worker Visa. People under this Visa route are employees who have come to the UK for the purposes of employment.

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A Skilled Worker Visa (formerly called the Tier 2 Visa) allows you to enter and live in the United Kingdom for employment and, of course, with a job offer from a licensed employer who must sponsor you as the applicant. To make an application for the Skilled Worker Visa, you must have a job confirmation offer provided by a Home-Office approved sponsor .

However, there is a certain concern that bothers nearly every Tier 2 or Skilled Worker Visa holder, and this is whether they can be outside the country, and for how long, and whether the decision to stay outside the country for a period will affect their future stay in the UK. 

Well, this article seeks to shed more light on that area of concern to help the Visa holders avoid UK absences that might have an adverse effect on their plan to settle in the country in future.

How long can I stay outside the United Kingdom on Tier 2 Visa?    

A UK Tier 2 Visa / Skilled Worker Visa holder is allowed to live and work in the UK for up to 5 years. During this period, you might want to visit another country for some reason, be it work-related or just for a casual visit. Fortunately, the Visa allows you to make such international travel as long as you meet other immigration requirements. Better still, your stay outside the United Kingdom on a Tier 2 General Visa or Skilled Worker Visa is never limited as long as your current Visa status indicates that you are still under employment and your Biometric Residence Permit (BRP) is also intact.

Besides, your period of absence should be approved by your employer, and the information submitted to the Home Office for reference when you’ll be returning to the country. Your employer is obliged to notify the Home Office of your authorised absence. Otherwise, failure to get approval from your employer will affect your ability to return to the UK after your off-country stay, as the UK immigration officers are likely to deny you entry upon learning that your absence was not approved by your employer.

So, you can stay outside the UK for as long as you want, provided you have the permission of your employer. A problem will only arise if you have the intention to get settled in the UK after the expiry of your work Visa because you will have to apply for Indefinite Leave to Remain just before the expiry of the Visa after five years of your stay in the country on the Visa.

In most cases, employees under the Tier 2 General Visa or Skilled Worker Visa categories will want to extend their Visa towards the end of the five years of their legal stay in the UK. This is where the application for indefinite leave to remain comes in handy. The indefinite leave to remain should be applied 28 days before the end of the five years in the UK as long as you are a qualified resident and you are ready to proceed with your employment.

Can Taking A Prolonged Stay Outside the UK Affect Eligibility to Indefinite Leave to Remain? 

Yes, it can. For you to apply for Indefinite Leave to Remain in the UK, you should not have gone outside the country for more than 180 days within any year of your five-year stay in the country on the Tier 2 or skilled worker Visas. Therefore, if you intend to be outside the country for more than 540 days in the course of five years, you need to reconsider your plan if you want your future indefinite leave to remain application to be successful. 

The Home Office keeps a record of the number of days you stay outside the UK over the validity period of your worker or skilled worker Visa. That’s why your employer is required to report to the immigration department any time you leave the country. When returning, the immigration officers will note your return date to establish how long you’ve been outside the country. 

The  immigration department  keeps a record of all your absences (whether authorised or not) for each of the five years for future reference. So, when you are applying for indefinite leave to remain, the Home Office will assess your absence record to determine your eligibility. 

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What If My Employer Refuses to Approve My Request To Leave the UK for Extended Time On A Tier 2 or Skilled Worker Visa Visa?

As earlier mentioned, if you are in the UK on a Tier 2 or Skilled Worker Visa , you need the permission of your employer to take a break outside the country. In case you have not resumed work, or you are leaving the country probably for holidays, your employer should give that information to the Home Office so that also they can be informed of your Visa condition. 

If the conditions have changed, for instance, the employer has terminated your work contract, the immigration department might end up cancelling your Tier 2 General or Skilled Worker Visa. As such, you’ll be denied the right to come back and continue to live in the UK once you leave. That’s why UKVI officers have to seek insights from your employer concerning your absence from the country and Visa conditions.  

If you are in the UK on this particular visa route, you will rely on your sponsor (employer) to maintain your ability to stay in the UK. So, it is very important to comply with the immigration rules alongside the rules of the company you work for to avoid having your Visa cancelled. In our experience as immigration lawyers London , it is a rare occurrence that an employer would turn down a leave application without good enough reasons. However, having extended absences can affect their business activities and staff levels. 

You should negotiate with your employer regarding the leave of absence you would like to take and not make any travel plans until it’s been approved. Often employers are happy to discuss such topics with their employees, and you will find that they are quite flexible. 

If your sponsor does not agree for you to take a longer break than usual, then you can also discuss this with your companies HR department if it has one. Most likely, there will be a very good reason for the refusal. If this is the case, you can speak more with your company to try and find a compromise. Whatever the case, do not take it upon yourself to leave the UK longer than permitted. If you do this, you will risk of losing your right to stay in the UK in the future.

If you have any problems travelling outside the United Kingdom on a Tier 2 General or Skilled Worker Visa, you can use our UK i mmigration solicitors for expert guidance to help you understand the possible consequences of your off-UK travels and stay durations outside the country.

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At Gulbenkian Andonian, we pride ourselves on “Excellence, Experience and Efficiency”. With over 35 years of experience on your side, our team of London based lawyers and solicitors have a wealth of experience advising individuals, families and businesses of all sizes to find clarity on UK law.

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Armen Andonian is the CEO of Solicitors Marketing , a London-based legal marketing agency. He is a legal content marketing expert who writes on UK individual immigration, business immigration, family law, finance, employment law and intellectual property. He has a passion for researching and communicating complex legal concepts and ideas in a clear and engaging manner and has developed a reputation as a highly skilled and versatile author on UK law-related issues. He has written for numerous publications, both online and offline, and his work has been featured in a variety of high-profile media outlets.

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Employment-Based Immigrant Visas

The first steps toward an immigrant visa: labor certification and filing a petition.

• Employment First Preference (E1): Priority Workers

Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

Employment third preference (e3): skilled workers, professionals, and unskilled workers (other workers), employment fourth preference (e4): certain special immigrants, employment fifth preference (e5): immigrant investors.

• Next Steps - Fees and Visa Application

Can My Family Members also Receive Immigrant Visas?

Numerical limitations, required documentation, visa interview, medical examinations and vaccinations, vaccination requirements, how long does it take, visa ineligibility, misrepresentation of material facts or fraud, when you have your immigrant visa - what you should know, entering the united states: port-of-entry, how to apply for a social security number card, when you are a permanent resident, additional information, general visa questions.

Every fiscal year (October 1 st – September 30 th ), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

To be considered for an immigrant visa under some of the employment-based categories below, the applicant's prospective employer or agent must first obtain a labor certification approval from the Department of Labor . Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140 , with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.) When filing the Immigrant Petition for Alien Worker, Form I-140 , see the detailed form instructions, as well as more detailed requirements information on the USCIS Permanent Workers webpage.

Employment First Preference (E1): Priority Worker and Persons of Extraordinary Ability

There are three sub-groups within this category:

• Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability. Such applicants can file their own Immigrant Petitions for Alien Worker, Form I-140, with the USCIS.
• Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
• Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.

A Second Preference applicant must generally have a labor certification approved by the Department of Labor . A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140 , on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver , from the job offer and labor certification if the exemption would be in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.

There are two subgroups within this category:

• Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
• Persons with exceptional abilit y in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140 , filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor . Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:

• Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
• Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
• Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

A Fourth Preference applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360 , with the exception of Certain Employees or Former Employees of the U.S. Government Abroad (see number 3 below). Labor certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.

There are many subgroups within this category:

• Broadcasters in the U.S . employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
• Ministers of Religion
• Certain Employees or Former Employees of the U.S. Government Abroad - Must use Form DS-1884, Petition To Classify Special Immigrant Under INA 203(b)(4) As An Employee Or Former Employee of the U.S. Government Abroad
• Certain Former Employees of the Panama Canal Company or Canal Zone Government
• Certain Former Employees of the U.S. Government in the Panama Canal Zone
• Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1 st , 1979
• Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 50 visas. See Special Immigrant Visas for Iraqi and Afghan Translators/Interpreters  for more information.
• Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year on or after March 20 th , 2003 and prior to September 30, 2013, or while employed by, or on behalf of the U.S. government, the International Security Assistance Force (ISAF), or a successor mission in Afghanistan for a period of not less than one year between October 7 th , 2001 and December 31, 2023, and have experienced an ongoing serious threat as a consequence of that employment. See Special Immigrant Visas for Iraqis - Worked for/on behalf of the U.S. Government and Afghans - Worked for/on behalf of the U.S. Government for more information.
• Certain Foreign Medical Graduates (Adjustments Only)
• Certain Retired International Organization Employees
• Certain Unmarried Sons and Daughters of International Organization Employees
• Certain Surviving Spouses of deceased International Organization Employees
• Special Immigrant Juveniles (no family member derivatives; Adjustments Only)
• Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
• Certain retired NATO-6 civilians
• Certain Unmarried Sons and Daughters of NATO-6 civilians
• Certain Surviving Spouses of deceased NATO-6 civilian employees
• Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11 th , 2001, if the petition or application was rendered void due to a terrorist act on September 11 th , 2001
• Certain Religious Workers

Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation. Select Immigrant Investor Visas  to learn more about this employment-based category.

Next Steps – Fees and Visa Application

After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition. When an applicant’s priority date meets the most recent qualifying date , the NVC will instruct the applicant to complete Form DS-261 , Choice of Address and Agent. (NOTE: If you already have an attorney, the NVC will not instruct you to complete Form DS-261.) The NVC will begin pre-processing the applicant’s case by providing the applicant with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit the necessary immigrant visa documents, including application forms, civil documents, and more. Learn more about National Visa Center visa case processing.

Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations. Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140  petition from  USCIS . For further information, please see our FAQ’s .

All categories of employment-based immigrant visas are issued in the chronological order in which the petitions were filed until the annual numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date . Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.

Fees are charged for the following services:

• Filing of Immigrant Petition for Alien Worker, Form I-140, or Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360 (this fee is charged by USCIS)
• Processing an immigrant visa application, Form DS-260 (see Note below)
• Medical examination and required vaccinations (costs vary)
• Other costs may include: translations; photocopying charges; fees for obtaining the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.); and expenses for travel to the U.S. Embassy or Consulate for your visa interview. Costs vary from country to country and case to case.

For current fees for Department of State services, see Fees for Visa Services . For current fees for USCIS services, see Check Filing Fees on the USCIS website.

Note : Fees must be paid for each intending immigrant, regardless of age, and are not refundable.

Fees should not be paid to the NVC or paid at the U.S. Embassy or Consulate where you have your visa interview unless specifically requested. Applicants will be provided with instructions by the NVC on where and when to pay the appropriate fees. Do not send payments to the NVC’s address in Portsmouth, New Hampshire.

In general, the following documents are required:

• Passport(s)  valid for six months beyond the intended date of entry into the United States, unless longer validity is specifically requested by the U.S. Embassy/Consulate in your country. Please review the  instructions  for guidance.
• Preview a sample DS-260 (6.4MB).
• Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements.
• Civil Documents for the applicant. See Documents the Applicant Must Submit for more specific information about documentation requirements, including information on which documents may need to be translated. The consular officer may ask for more information during your visa interview. Bring your original civil documents (or certified copies) such as birth and marriage certificates, as well as legible photocopies of the original civil documents, and any required translations to your immigrant visa interview. Original documents and translations can then be returned to you.
• Financial Support – At your immigrant visa interview, you must demonstrate to the consular officer that you are not likely to become a public charge in the United States. (NOTE: For applicants where a U.S. citizen or lawful permanent resident (LPR) relative filed the Form I-140 petition or where such a relative has a significant ownership interest in the entity that filed the petition, that relative must complete Form I-864, Affidavit of Support Under Section 213A of the Act , on behalf of the applicant.)
• Completed Medical Examination Forms – These are provided by the panel physician after you have completed your medical examination and vaccinations (see below).

Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment. NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination.

Each applicant should bring a valid passport to the interview, as well as any other documentation above not already provided to NVC. A consular officer will interview the applicant, and the consular officer will determine whether the applicant is eligible to receive an immigrant visa in accordance with U.S. immigration law. Ink-free, digital fingerprint scans will be taken on the day of the interview. Generally, an applicant receives original civil documents and original translations back at the time of interview.

Important Notice : In preparing for your interview, you will need to schedule and complete your medical examination and any required vaccinations before your visa interview. Before an immigrant visa can be issued, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician . NVC provides applicants instructions regarding medical examinations, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.

U.S. immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of immigrant visas. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.

Employment based immigrant visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing , which takes additional time after the consular officer interviews the applicant.

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility available to you and what the waiver process is.  Ineligibilities and Waivers: Laws  contains the complete list of ineligibilities.

Attempting to obtain a visa by the willful misrepresentation of a material fact or fraud may result in you becoming permanently ineligible to receive a U.S. visa or enter the United States.

If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet . Only the U.S. immigration official should open this packet when you enter the United States. You are required to enter the United Statesbefore the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas. 

USCIS Immigrant Fee -  You must pay the USCIS Immigrant Fee to U.S. Citizenship and Immigration Services (USCIS) after you receive your immigrant visa and before you travel to the United States. (SI-1, SI-2, SI-3, SQ-1, SQ-2, and SQ-3 visa holders will not pay the fee.) Select  USCIS Immigrant Fee  on the USCIS website for more information. 

Important Notice : USCIS will not issue a Permanent Resident Card (Form I-551 or Green Card) until you have paid the fee.

A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. Applicants should be aware that a visa does not guarantee entry into the United States. The DHS, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. Travelers should review important information about admissions and entry requirements on the CBP website under Travel .

Once you have paid the USCIS immigrant fee and have been admitted to the U.S. as a permanent resident, your Permanent Resident Card, Form I-551 (formerly called Alien Registration Card, also known as a  (green card ) will be mailed to you.

If you elected on your immigrant visa application form to receive your Social Security Number Card upon admission to the United States as an immigrant, your card will be sent by mail to the U.S. address you designated on your application form, and should arrive approximately six weeks following your admission. If you did not elect to receive your Social Security Number Card automatically, you will have to apply to be issued a card following your arrival in the United States. To learn about applying for a Social Security Number Card, visit the Social Security Administration website.

Coming to the United States to live permanently, you will want to learn more about your status as a  Lawful Permanent Resident . See  Welcome to the United States: A Guide for New Immigrants  to review information on the USCIS website about living in the United States.

Immigrant visa applicants should not make any final travel arrangements, dispose of property, or give up jobs until and unless visas are issued. Some visa applications require further administrative processing , which takes additional time after the visa applicant's interview. An immigrant visa is generally valid for six months from the issuance date.

• Before submitting your inquiry, we request that you carefully review this website for answers to your questions. Because of the volume of inquiries, we cannot promise an immediate reply to your inquiry.
• If your inquiry concerns a visa case in progress overseas, you should first contact the U.S. Embassy or Consulate handling your case for status information. Select U.S. Embassy or Consulate to find contact information.
• You can find contact information for our Public Inquiries Division at Contact Us .

Important Notice: Same-sex Marriage

Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140  petition from  USCIS . For further information, please see our  FAQ’s .

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Absences from work and time spent outside the UK

Information on skilled worker visa rules on recording absences from work and time spent outside the uk..

As any unauthorised or unpaid leave must be reported to the Home Office, part of the University's responsibilities under the Skilled Worker sponsor requirements is to maintain a record of absences from work. Skilled Worker visa holders sponsored by the University must discuss all absences with their employing department/ faculty/ college, who will maintain records and report any relevant changes as a result of leave to the Staff Immigration Team (SIT).

Information on changes which must be reported to SIT, including those resulting from periods of leave, is found in guidance on Changes in Skilled Worker role .

Normal Work Related Travel

Normal work related travel, such as attending UK conferences, working from home, or work meetings within the UK, does not need to be recorded or reported. If a Skilled Worker visa holder is planning a trip where they will be unreachable by phone or email, however, they must inform their normal HR contact in their department/ faculty/ college before they leave.

Contact details

Contact details for sponsored visa holders must be kept up to date. Sponsored visa holders must be contactable within a reasonable period of time by email or phone. The employing department/ faculty should ensure contact details in CoreHR are checked and maintained, and colleges should ensure their HR systems are updated.

Normal Absence Reporting (Sickness, Annual Leave, Maternity/ Paternity/ Shared Parental/ Adoption Leave)

Sponsored visa holders should follow the normal absence reporting procedures for their staff group (i.e. Academic, Academic-related or College contracts) for sickness absence and annual leave. Records of absence must be readily available in personnel files for audit purposes.

If a Skilled Worker visa holder’s salary changes as a result of taking Maternity, Paternity, Shared Parental, Adoption, or Sick leave (i.e. a drop to Statutory Maternity Pay, reduced pay whilst on sick leave, or a period of unpaid leave) this must be reported to the Staff Immigration Team within 5 working days after the date of the change.

Unauthorised Absence and Unpaid Leave

An unauthorised absence would occur when a sponsored Skilled Worker visa holder fails to attend when attendance is expected and they have not communicated their absence to their department or college. For example: a failure to deliver a timetabled lecture or tutorial, an unexplained absence from a conference or a committee meeting, an unexplained absence from work when attendance would normally be expected. An unauthorised absence of 10 days or more would have to be reported to the Home Office by the Staff Immigration Team (SIT).

Skilled Worker visa holders are only permitted to take up to 4 weeks authorised unpaid leave in any calendar year (1 January to 31 December) and any unpaid leave must be reported to the Home Office by SIT. Longer periods of unpaid leave and reductions in salary below the Skilled Worker salary thresholds are permitted in cases of maternity, paternity, shared parental, adoption, and sick leave, but still need to be reported to the Home Office .

Sabbatical Leave

Within the collegiate University 'sabbatical leave' is used to refer to research leave for those in academic roles. During these periods of sabbatical leave academics can focus on their research activities and will not be required to carry out their normal teaching duties. However, as this is a temporary change the change in duties does not need to be reported to the Home Office.

Sabbatical leave in the wider sense, i.e. a period undertaking employment in a different role, or other activities outside an employed role either within or outside the UK, is not permitted under a Skilled Worker visa. The reason for this is that if a Skilled Worker visa holder ceases to undertake the duties of their main role, this must be reported and the Home Office will then cancel their visa. Information on what happens when the Home Office cancel/ curtail a visa is found in guidance on the end of sponsorship .

Discuss any proposed sabbatical leave early

Any proposed period of sabbatical leave should always be discussed with the Staff Immigration Team (SIT) as early as possible to check whether this will be possible within the Skilled Worker visa conditions.

Counting time spent outside the UK when applying for Indefinite Leave to Remain (ILR)

If a Skilled Worker visa holder wishes to apply for Indefinite Leave to Remain (ILR), a complete record of all overseas travel during the five year qualifying period will be required. Skilled Worker visa holders should ensure that all travel outside the UK, both for private and work reasons, is recorded (e.g. in an Outlook diary, calendar, or a form provided by the HR contact in the department/ faculty/ college).

While there is no limit under the Skilled Worker rules on time spent outside the UK, when applying for ILR applicants must meet the limit on absences set out in the 'continuous residence' requirement. This requirement states that Skilled Worker visa holders applying for ILR must not have spent more than 180 days outside the UK in any 12 month period throughout the five year qualifying period.

A requirement for Dependant visa holders to record and list absences in any ILR application was introduced in January 2018, and changes in how absences are counted for visa holders were introduced in January 2018 and October 2019. More information on the ILR 'continuous residence' requirements which limit absences from the UK can be found in our guidance on Staying in the UK permanently .

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Hybrid & Remote Working: Sponsored Visa & Overseas Workers

• Anne Morris
• 17 May 2023

IN THIS SECTION

One of the defining features of the UK’s post-pandemic economy is the widespread adoption of flexible working and the increased employment of  overseas-based remote workers . Having sponsored a migrant worker to undertake work in the UK, there are a number of legal considerations that must be taken into account by UK employers when implementing hybrid and remote working.

In this guide, we outline some of the issues for employers to be aware of when implementing hybrid and remote working arrangements for sponsored and overseas workers.

What is hybrid & remote working?

Remote working is where an employee works outside of a traditional office environment or other fixed workplace, typically when working from home. In contrast, hybrid working is a form of flexible working arrangement where an employee splits their time between working from home, or working remotely, and being in their normal place of work.

Some employers may be happy for their staff to work entirely remotely, especially where looking to reduce the overheads associated with running business premises, while others may prefer to have everyone in the workplace all of the time. However, many employers are adopting a mixture of the two, underpinned by a hybrid working policy , where the combination of remote working with working from the office, or other type of workplace, can be used to meet both the operational needs of the business and to provide a healthy work-life balance for the workforce.

By harnessing the benefits of hybrid & remote working arrangements, employers may also find that their global talent acquisition and retention rates increase significantly, allowing employers to access a much wider pool of talent from around the world.

Immigration options for overseas, remote workers 

Where a UK employer is looking to recruit an overseas-based remote worker, and that worker will not be required to undertake any paid employment in the UK, or even visit the UK for the purposes of work, there will be no requirement for a visa, sponsored or otherwise. Even though there may be tax and other legal implications arising out of a remote overseas working arrangement, for immigration purposes the individual will simply be working remotely for a UK-based employer. This means that permission will not be required to work in the UK, and the employer will not need a sponsor licence issued by the UK Home Office to sponsor the worker’s employment, as they will not be employing that individual to work in the UK.

However, where the employer is looking to put in place a hybrid working arrangement under which an individual based overseas would be required to undertake some employment-related activities in the UK, even occasionally, the immigration position quickly becomes more complicated. In these circumstances, depending on the nature and extent of the UK-based activities required of the overseas worker, they are likely to need a work visa .

In some cases, if the overseas worker is only required to visit the UK, for example, to attend meetings or conferences, immigration permission may be sought by way of a business visitor visa . Depending on their nationality, they may even be eligible to come to the UK visa-free . However, without a visa or under a visit visa, where required, the remote worker would not be allowed to undertake any paid employment for their UK-based employer .

If the employer needed to bring the overseas worker to the UK to carry out work for their UK-based business, for example, because they have a sudden shortage of domestic workers, they will not be able to do this unless they have in place a valid and up-to-date sponsor licence and the overseas worker meets the eligibility requirements for a sponsored work visa, for example, a Skilled Worker visa meeting the minimum skill and salary requirements .

In circumstances where an overseas-based remote worker is only required to attend the UK for business-related activities permissible under the visitor rules, the wording of the individual’s contract of employment can be key here. This is because Home Office caseworkers making visit visa decisions, or UK Border Force officers making clearance decisions, may refuse permission where contractual provision is made for some work to be undertaken in the UK. This is because, unless the employment contract clearly states that the worker will be based wholly overseas, any attempt to come to the UK may be construed as an attempt to undertake paid employment. Apart from the risk of a refusal decision , any attempts by the UK sponsor to flout the immigration rules could result in the suspension and revocation of any existing sponsor licence or impact an application for a licence in the future.

Hybrid working & sponsor requirements for UK-based sponsored workers

Home Office communications from May 2023 state that hybrid working is now accepted as the ‘new normal’, and as such, specific reporting requirements will not apply to sponsors when a sponsored worker is operating under a hybrid working arrangement.

However, given the duties and responsibilities placed on sponsors when it comes to sponsorship , hybrid working may present certain compliance risks when the individual is working remotely. These can include monitoring a sponsored worker’s immigration status, tracking their attendance, keeping up-to-date employee details, and reporting any problems to the Home Office, for example, if the migrant worker is not complying with the conditions of their visa.

As such, in line with Sponsor Guidance Appendix D, sponsors are advised to keep internal records of sponsored workers’ flexible working arrangements. In circumstances where the arrangements involve flexible hybrid hours, both in and out of the individual’s normal place of work, the sponsor should also record the average number of hours in each location, together with any other relevant information.

Importantly, the Home Office policy team has indicated that if sponsored workers are to work solely from home, either from their UK-based home or their home country, then this may call into question the need for them to have permission to be in the UK. A sponsored worker can travel abroad for short business trips which are required as part of their role, although carrying out their role from overseas on an extended basis may invalidate their sponsorship and jeopardise their ability to return to the UK. Equally, time spent outside the UK may affect any future immigration plans that the migrant worker may have, where they may not meet the lawful continuous residence requirement for any application for indefinite leave to remain, even if, for example, they have spent 5 years on a Skilled Worker visa.

Complying with your sponsor duties

Given the fact that sponsored workers will be absent from their normal place of work during the remote aspects of their hybrid or remote working arrangement, complying with sponsor licence duties can be more difficult for sponsors. This is because employers are less easily able to monitor what the worker is doing, including possible unauthorised absences. For example, it is not uncommon for employees already working remotely in the UK to return to their home country, or decamp to a second home overseas, without the employer’s knowledge. In some cases, the sponsored worker may even tell their employer that they are still in the UK.

However, even though hybrid & remote working arrangements can make compliance with sponsor duties more tricky, employers must ensure that they have appropriate measures in place to monitor attendance and absences, and comply with their reporting and record-keeping duties. Any failure to comply with these duties can have serious consequences for the employer, including having their sponsor license suspended, downgraded and even revoked.

The best starting point for employers is to implement a written hybrid & remote working policy, clearly setting out the basis of how these arrangements will work, including:

• who is eligible to make a hybrid or remote working request, making any eligibility requirements clear, for example, employees have a statutory right to request flexible working after 26 weeks’ service, although the employer can opt to waive this qualifying service requirement
• how an individual should make a request for hybrid or remote working, including what procedure should be followed and to whom a request should be made
• setting out the conditions of any agreed arrangement, ensuring that migrant workers are aware that written permission must be sought before undertaking work from overseas the various factors that may be taken into account by the employer when considering a hybrid or remote working request, including the ability to monitor attendance and absences.

Any workplace policy should be easy to understand and easily accessible to all members of staff, including all sponsored workers. It is also important to ensure that the migrant workforce is fully appraised of their responsibilities under the UK’s Immigration Rules. In this way, employers can emphasise the importance of ensuring that they remain compliant.

Additionally, employers should carefully and closely monitor sponsored workers when they are working remotely, ensuring that they are aware of their whereabouts at all times, and that any attempts to work overseas without permission are reported to the Home Office.

Additional legal implications of hybrid & remote working

When considering hybrid & remote working arrangements, either for sponsored workers in the UK or for overseas-based remote workers, there are various other legal considerations that must be taken into account in relation to these workers, including:

The applicable law

When employing an overseas-based remote worker, or allowing an existing sponsored worker to work remotely from overseas, careful consideration must be given to their employment rights. Typically, sponsored workers would have the same statutory employment rights as their British counterparts, although they may be afforded additional protection under local employment laws if working from their country of residence on a remote basis. Equally, overseas remote workers may benefit from both local employment rights and additional UK-based rights set out in their contract of employment.

The contractual terms

Where a sponsored worker makes a formal request for hybrid or remote working, and the request is accepted by the employer, or vice versa, this will amount to a formal change to the terms and conditions of their employment. In the short-term, hybrid & remote working can be undertaken on an informal basis without the need to introduce any contractual changes, although employers that agree to flexible working arrangements on a discretionary and non-contractual basis should bear in mind that the working arrangement may, with time, become an implied term of the employment contract.

Their health and wellbeing

Once a hybrid or remote working arrangement has been approved, the employer remains under a statutory duty to ensure, so far as is reasonably practicable, the health, safety and welfare of the sponsored worker. The employer is also under a duty to make a suitable assessment of the risks to health and safety to which the individual may be exposed whilst at work, even where that work is performed from home. This could include risks arising from not having a safe and suitable workspace at home, or risks to the worker’s mental wellbeing, such as working excessive hours.

Need assistance?

DavidsonMorris’ business immigration specialists can support your organisation with all aspects of the UK sponsorship, including compliance with your duties when sponsoring migrant workers under hybrid or remote working arrangements. Contact us for advice.

Sponsoring hybrid & remote workers FAQs

What is hybrid working.

Hybrid working is a form of flexible working arrangement where an employee splits their time between working from home, or working remotely, and working at their place of work, although this does not need to be an equal split.

Do you need a sponsor licence to employ migrant workers?

It is not necessary to have a sponsor licence to employee a migrant worker under all immigration routes, where some work routes are unsponsored, for example, the Graduate route or the High Potential Individual route.

Last updated: 17 May 2023

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility .

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners , we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

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