Standard Visitor visa – things to think about if you’re considering working from the UK

Following changes to UK Standard Visitor visa rules on 31^st of January 2024, those who visit the UK under this visa can work remotely from the UK, provided it is not the primary purpose of their trip. As the most popular visa category, Standard Visa applications face high rejection rates, so it is important to understand the rules before applying, if you plan to work remotely.

Prospective Standard Visitor visa applicants trying to enter the UK can work remotely while they are in the country, but it must not be the primary reason for their visit. The purpose of the visit must be a different permitted activity, such as tourism, attending conferences or any other activity listed in Immigration rules Appendix V: Visitors.

What conditions will the Home Office look at?

The Home Office will check whether remote work is the primary reason for the visit, which is not permitted They will take into consideration the applicants’ proposed length of stay, and assess whether their finances suggest they need remote work to sustain their time in the UK. Case workers will also consider how long the applicant has been employed by their overseas employer, and if it is a genuinely verifiable job.

If the applicant substantially relies on financially supporting themselves through remote work, the new guidance suggests that this work should be considered the primary purpose of the visit. Visits lasting over a month will be carefully assessed to verify that the remote work the applicant is carrying out is not their primary purpose. The new guidance suggests that visits lasting more than 90 days may lead to questions about the nature of the applicant’s remote work.

Importantly, the applicant’s remote work must relate to their overseas employment. The new rules do not allow for visitors to work for UK employers remotely or from home. Visitors may receive payment while working remotely for their overseas employer in the UK, but it must come from their overseas employer. Visitors may not receive payment from a UK source for any activities undertaken in the country. Some reasonable exceptions exist, for example, sensible travel expenses and permitted paid engagements.

Research by scientists, researches and academics

Scientists, researchers and academics are allowed to collaborate, gather information and facts or conduct research, either for a specific project which relates directly to the overseas employment, or independently. It is no longer required for academics to carry out research while on sabbatical, nor are scientists and researchers only allowed to fact-gather for specific projects with direct relation to their overseas employment.

Academics applying for 12-month Standard Visitor visas are still subject to further requirements, including being on sabbatical leave from their overseas institutions if they wish to carry out their own research.

Other things you should consider when applying for a Standard Visitor visa to come to the UK

The new rules also prohibit visitors from living in the UK for extended periods of time through frequent successive visits, regardless of whether they work remotely. If the Home Office decides that the applicant’s primary purpose of travel is remote work, it would be best for them to apply for a business visa, short-term or long-term work visa. This general prohibition includes activities such as running a business as a self-employed person, as well as work placements or internships. The applicant may have to provide a Letter of Invitation from whomever they are visiting to further support their application.

The new rules have removed previous prohibitions on undertaking ‘intra-corporate activities’ directly with clients. Direct client work is now allowed, provided it relates to  the employees’ movement in an intra-corporate setting, and any client-facing activity is incidental to their overseas employment. It is also allowed if the activity is essential for the delivery of a project or service by the UK office of the visitor’s overseas employer. The visitor does not have to be part of the project or service in the UK office in order to deliver the service to the UK client as an agent for the overseas employer.

For example, the guidance provides that it is acceptable for the applicant to travel to the UK to support UK-based colleagues on a project led by the UK branch, where it naturally leads to the visitor undertaking direct client work. If a visitor is trying to travel to the UK to undertake client work that is independent from a project led by the UK office, then the work would be the principal purpose of the visit, and the applicant will most likely get their visa refused.

Conclusion

Standard Visitor visas have high rejection rates, so not only is it crucial for applicants to demonstrate that the work they will be carrying out in the UK is incidental to their visit, but they will also need to prove that they have ties to their home country. This includes evidence of family, property, financial, employment, educational and community ties.

With careful preparation, applicants can successfully navigate the new rules and secure a visa that allows limited remote work during their stay in the UK.

Updated 24 October 2024

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 X, Facebook, Instagram, 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.

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