The immigration issues relating to remote working and extended holiday requests rumble on for employers. Such policies can be attractive to existing or new employees and for companies looking to engage new talent. However, from a regulatory perspective, immigration rules at large have not adapted in full. In practice, this means that traditional immigration criteria apply, which doesn't always afford the desired flexibility many workers and employers want.

As a result, the starting position for any employer should be that any employee subject to immigration control in the country they are travelling to cannot work in that country without immigration permission.

In response to global workforce changes, accelerated by the pandemic, more countries have implemented digital nomad or working holiday visa schemes. These schemes typically permit qualifying individuals to undertake work activities in the country for a specific period, without the requirement for sponsorship, a corporate presence, or job role within the host country. These schemes can be relatively quick and inexpensive and are a compliant way to facilitate remote working.

For other countries, in the absence of specific rules for remote working, employers must look to existing immigration routes as best as possible. In many cases, especially for short periods of remote working, this may include undertaking a balance of the relevant risks and ensuring employees are aware of the working restrictions and limit their activities as a visitor whilst travelling abroad accordingly.

Whilst the immigration rules in each individual country are different, the below flowchart helps to address some of the immigration considerations of remote working from a very high level.

If you have any questions regarding remote working and the potential immigration implications, please contact Sarah Ingles Carlyle.

Managing Remote Working Holiday Requests Flowchart