Remote Control: how UK visitor rules are catching out digital nomads
With the rise of remote work, many digital nomads are asking the same question: can I live in the UK and work remotely for an overseas employer?
Most digital nomads entering the UK do so either on a standard visit visa, or as a non-visa national visitor (entering without a visa for up to six months). The conditions on their entry are found at Appendix Visitor: Permitted Activities. In particular, PA 4(h) allows a visitor to:
undertake activities relating to their employment overseas remotely from within the UK, provided this is not the primary purpose of their visit.
Ostensibly, this appears to permit digital nomads to work remotely while in the UK. Most digital nomads would argue the primary purpose of their visit is not to work – that is inherently the point of being a digital nomad. Their work facilitates their travel to new countries. However, Home Office guidance makes clear that “primary purpose” is not determined solely by the applicant’s stated intentions.
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What does “primary purpose” mean?
Home Office caseworkers are directed to consider two things:
1. the length of the applicant’s proposed stay, and
2. whether the visit would be financially viable without remote working.
The second point is where the Home Office’s view diverges sharply from how digital nomads likely see their own situation.
Whatever the applicant genuinely intends to do – cycle the length of the UK, snowboard in Scotland, do the Otley Mile, or watch a match at St James’ Park, the Home Office may still conclude that work is the primary purpose of the visit if the applicant could not realistically afford the trip without continuing to work remotely. In other words, if an applicant’s ability to remain in the UK depends on earning money through remote work, that work may be treated as the main reason for their stay, even if they personally see it as incidental.
Increased scrutiny after 90 days
While visitors are permitted to stay in the UK for up to six months, the Home Office scrutinise cases more closely if an individual intends to spend more than 90 days in the UK. Spending longer periods in the UK is not an automatic ground for refusal. However, it often triggers further questions about the nature of the remote work, whether the individual is effectively living in the UK, and whether the visitor route is being used as a substitute for a work visa.
Repeated or extended stays, particularly when engaging in remote work, can increase the risk of refusal at the border or in future applications.
Activities that remain prohibited
Even where remote working is permitted, visitors must be careful not to cross into prohibited activities, such as being seconded to a UK company or organisation, or working for a UK branch of an overseas employer. These activities are likely to be viewed as working in the UK, rather than permissible overseas remote work.
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Intend to work remotely in the UK?
If you intend to travel to and from the UK while working remotely, it may be advisable to apply for a long-term visit visa and to be open about your circumstances. Transparency is preferable to downplaying or concealing remote working arrangements, particularly where stays are lengthy or repeated. Any perception that an applicant has deceived the Home Office carries serious consequences, including refusals and travel bans.
Ensuring Compliance for Remote Workers
Navigating the boundary between a holiday and remote employment requires a clear understanding of current Home Office scrutiny, particularly for stays exceeding 90 days. Professional assessment of your individual circumstances can help prevent potential entry issues or visa refusals. Expert guidance ensures that your activities remain strictly within the "Permitted Activities" framework.
If you are a digital nomad or remote worker considering time in the UK, or you are unsure whether your plans comply with the visitor conditions, Latitude Law can help.
Get in touch with Latitude Law today by calling 0300 131 6767 or complete our contact form and we will get back to you.
