If you want to understand more about the legal and other aspects of working abroad or to do remote work in UK, please continue reading.
An Article from Our British Contributor.
The Government of Canada reports that thousands of Canadians go abroad each year in search of employment opportunities and the opportunity to further their education. Most countries will not grant permission for a tourist to work unless special permission, such as a work visa, to work in a foreign country is granted.
Please click here for helpful resources prepared by the Canadian government to learn more about security and legal issues when working abroad.
Modern workplaces get digital tools that make working more exciting and rewarding. After all, it allows you to work from anywhere or nearly everywhere in the world. However, some countries have strict and confusing requirements for digital workers. It's crucial to be ready before moving to the UK if you intend to relocate overseas.
With its dynamic culture, rich history, and stunning cities, the UK has become a popular choice for remote workers looking to advance in their careers.
Just before packing your bags and moving across the globe, it's crucial to have knowledge about UK work visas and immigration processes.
In this guide, we’ll explore eligibility criteria, the application process, and other factors related to obtaining a UK remote work visa, and then we will look into the legal ramifications of working aboard.
Things to do before moving
Hold on, before you buy a plane ticket to the UK, let us tell you a few things to consider before starting the application process. Ensure to prepare yourself financially, as immigration authorities in the UK love financially stable people. If you have already found a remote job or on-site work in the UK, make sure to have evidence.
Learn things about healthcare accessibility, ways to connect with others as well as best cities to live in. Your documentation for application should according to the nature of your job which includes job responsibility, salary, employment details, and so on.
Obtaining a VISA
The UK offers various types of visas, as they depend upon person-to-person. The kind of visa you need will depend on where you're from and what your plans are for staying in the UK.
You can choose to enter the nation for an outside of six months with a standard Visitor visa. This visa can also be used for business, study, or trips. The professed worker visa is another popular order of UK visas. However, you're suitable to work there, If you're patronized by a certified employer while you're in the UK.
However, It can be tricky for remote workers to move to the UK, and ensure to make informed decisions with guidance experts or immigration lawyers such as CPC law.
Application process
The application process involves gathering the right documentation like your passport, birth certificate, etc. Ensure to find the correct type of visa after looking at every option available, after selecting pay the required fee for the visa.
Prove proficiency in the English language through various tests like IELTS, as well as you above 18, to be eligible for citizenship. Get your health insurance done.
You must schedule a biometric appointment at a visa application center to provide fingerprints and photographs. Wait patiently, as it can take several weeks to get approval.
Challenges
In the whole process, you should be aware of potential challenges and considerations. Think about the duration of your stay and plan and budget accordingly to avoid consequences in the future. Try to save as much to cover your whole stay in the UK.
Visa restrictions may limit the types of employment permitted and the duration of stay in the UK, requiring careful planning and following regulations is must. The length and type of your stay may determine whether you are subject to UK tax laws, so there may be consequences for taxes as well.
Consideration
Get the Job: When organizing a remote work arrangement, it's important to take into account the cost of living in the UK, which includes casing, transport, and other charges. In comparison to UK banks, opening an account with an international bank is easier, so you might want to think about that option.
It can be difficult to find a job, but you can try searching online at employment sites like Indeed or Monster or on official government websites.
Stay Updated: Changes in personal immigration policies and regulations may further impact eligibility criteria and visa requirements, necessitating vigilance and adaptability. Be updated and get insights from the official immigration website of the UK.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Legal Considerations in Working Aboard
1. Working Aboard as a Continuation of Work Performed in Ontario
If the work being done is a continuation of employment that started in Ontario, workers residing outside the province will be subject to the Ontario Employment Standards Act ("ESA").
According to Section 3 of the ESA, the law is applicable to the working relationship if:
the employee’s work is to be performed in Ontario; or,
the employee’s work is to be performed in Ontario and outside Ontario but the
work performed outside Ontario is a continuation of work performed in Ontario.
The sole pertinent element in determining the ESA's jurisdiction with regard to workers outside of Ontario is the continuance of work; other factors, such as the location of the employee's residence or the place where the employment contract was signed, are not relevant.
In Karpowicz v Valor Inc., John Karpowicz v Valor Inc., 2016 CanLII 49203 (ON LRB). an employee lived and performed almost all of his work in Michigan. His employer was headquartered in Ontario and the employment contract specifically stated that the parties were bound by the laws of Ontario, including the ESA.
A matter was brought forward to the Ontario Labour Relations Board (OLRB). At the outset of the hearing, the Employer took the position that the ESA did not apply to its employment relationship with the employee.
OLRB determined that the ESA did not apply to the employment relationship, despite the fact that the parties expressly intended for their employment contract to be governed by Ontario law, the employee worked for an Ontario business, and the employee serviced Ontario clients. According to OLRB, the employee's trip to Ontario for meetings was "incidental," and, as a result, was not caught by the legislation.
A salesman who lives in Ontario but regularly goes to other provinces for work is one example of this. The worker would be eligible for the ESA because the work began in Ontario and is merely "continued" in the other provinces.
Please be aware that Ontario law will apply to the Michigan worker if the case is before the Superior Court rather than the OLRB. Ontario law will most likely apply to a person who lives in the United Kingdom but works for an Ontario company.
2. Working Aboard NOT as a Continuation of Work Performed in Ontario
If a worker works on a temporary project in a foreign country for a short amount of time, Ontario law may apply if the individual returns to Ontario. Please keep in mind that if someone spends some time outside of Ontario and then returns, only the time spent in Ontario or continued in Ontario will count toward the three-month probation period rule under section 54 of ESA.
If a worker is permanently employed out of province and works entirely outside of Ontario, then UK laws will apply to the foreign worker working in UK.
3. Residence as Workplace
The Working for Workers Act, 2023, which received Royal Assent on October 26, 2023, amends Ontario's Employment Standards Act, 2000 (ESA) and other employment-related laws in Ontario.
After the amendment, pursuant to section 53.2 of the ESA, the definition of work establishment was extended to include an employees residence, but only if the employee works exclusively from home.
This was in reaction to the enormous number of employees who were compelled to work remotely during and after the Covid 19 outbreak, and it aimed to clarify what constituted a work establishment under the ESA.
Final Words
Careful planning and preparation are necessary for both the work visa and immigration processes. Knowing the requirements, how to apply, and the potential difficulties of getting a work permit in the UK will help you make wise choices and proceed confidently.
A work visa for the UK provides access to countless chances for discovery, development, and adventure. So, seize the moment, catch the opportunity, and embark on a remote work adventure in the United Kingdom – the journey awaits!
You may want to consult with an experienced employment law firm such as HTW Law, to learn of your employment law rights and the do and don't before deciding to work remotely in UK or work aboard.
Before working remotely in the UK or abroad, it's recommended to consult with an experienced employment law firm, such as HTW Law, to understand your rights and responsibilities.
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding remote work, employment contracts and employment law in general will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author Bio: Emma Smith is a passionate writer, poet, and storyteller based in London. With a background in immigration law and content writing, she brings a unique perspective to their work, often blending elements of innovative thoughts. She has been features in various journals and anthologies. When not writing, she enjoys, which often finds their way into their creative endeavors.