Flexible working has become central to talent attraction and retention, but sponsorship requirements have been slower to adapt, says Kasia Kingsmill.
The Employment Relations (Flexible Working) Act came into force in April last year. The Act did not give employees an absolute right to work flexibly, but it lowered the threshold for making a request and encouraged cooperation between employers and employees.
Against a backdrop of persistent skills shortages, businesses now see flexibility not just as a benefit, but as a strategic tool for attracting and retaining talent. However, the picture becomes more complex for employers sponsoring migrant workers. These businesses face strict compliance obligations, including monitoring and reporting changes to a workers’ circumstances.
In 2023, the Home Office updated its guidance to acknowledge hybrid working as an acceptable arrangement for sponsored staff. However, it required sponsors to report not only location changes but also when a worker is, or will be, working remotely from home on a permanent or near-permanent basis or is moving to a hybrid working pattern. In recognition of the administrative burden this placed on organisations and the widespread adoption of hybrid work, the Home Office adapted these rules in 2024 and confirmed that routine hybrid working no longer needed to be reported.
Despite these changes, sponsors must continue to report when a sponsored worker is, or will be, working entirely remotely with little or no requirement to attend the office. In such cases, UK Visas and Immigration may question whether such a role is genuine or if sponsorship is justified. Considering that most remote staff will still attend an office occasionally, this restriction already feels outdated.
The rule highlights the tension between immigration compliance and modern work. UK immigration law assumes a worker’s physical presence in the UK. A role requiring no office attendance raises suspicions that it was created to facilitate a visa rather than meet a genuine need.
The genuine vacancy concept has long underpinned the sponsorship system. While valid in principle, applied rigidly it risks overlooking advances that make remote work effective. Many such roles still benefit from proximity to UK clients and markets, as well as occasional office attendance. Flexibility is also key to retention. For sectors such as technology and engineering, which are already facing acute shortages, immigration rules can feel at odds with business needs.
Compliance challenges
Beyond policy questions, the monitoring duties remain onerous. Sponsors must track attendance and absences, and report changes within set timeframes. Hybrid and remote work make this harder, even with advanced HR systems. In practice, workplaces are so interconnected that it is almost impossible for a worker to be absent for 10 days without being noticed. Yet the framework still requires formal recording and evidence, creating risks of inadvertent breaches.
Immigration rules may also encourage unequal treatment. Employers offering flexibility to their wider workforce may feel compelled to restrict it for sponsored staff to avoid licence risks. This not only undermines inclusivity but could expose employers to indirect discrimination claims, particularly where women disproportionately take up flexible working options.
The UK labour market continues to face hard-to-fill roles, particularly in IT, engineering and other specialist sectors. Flexibility is now a competitive advantage in attracting talent and government policy elsewhere encourages it to broaden participation and tackle inequality in the marketplace. Yet immigration requirements still favour an outdated model of work. Until rules are better aligned with current practice, employers must strike a difficult balance between strict compliance duties and the need to offer fair, inclusive arrangements. Those who document decisions, maintain clear audit trails and seek employment and immigration advice where necessary will be best placed to protect both their workforce and their sponsor licence.
Kasia Kingsmill is a partner and head of immigration at Brecher.
First published in People Management Magazine – https://www.peoplemanagement.co.uk/article/1936277/outdated-immigration-rules-need-reflect-modern-workplace
This update is for general purpose and guidance only and does not constitute legal advice. Specific legal advice should be taken before acting on any of the topics covered. No part of this update may be used, reproduced, stored or transmitted in any form, or by any means without the prior permission of Brecher LLP.
