This is a question we are asked more and more these days – not only by start-up businesses, who haven’t yet set up an office, but also by companies who have opted fully for a ‘working-from-home’ model of operating.
he answer is that the Home Office do not require a sponsor to operate from an office space. However, if you do operate what they describe as a ‘virtual’ operating model there will be some implications.
If you are applying for a sponsor licence you will need to provide the home address of your Authorising Officer as part of your licence application.
And if the Home Office decide to visit your organisation as part of their assessment of your application, they will expect to visit that home address.
A visit from the Home Office is also far more probable, if you apply for a licence without office premises. The Home Office advise that it is ‘highly likely’ that they will visit in these circumstances.
If you are applying, or already have your licence, you also need to think about how you will meet your sponsor duties in a ‘virtual’ model, and make sure that you have robust systems in place. In particular, systems to allow you to monitor that your sponsored employees are attending work.
And finally, you need to consider issues of ‘genuineness’. If sponsored employees are working entirely from home, can you justify that they need to be in the UK for their employment?
All of the above issues can be addressed, but it is important that you consider each issue carefully.
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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.
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