What we cover

Many employers are not only adopting national hybrid working models but also policies that allow their employees to temporarily work from abroad. This last concept is especially interesting because it raises an important question before the employee even enters the destination country.

This position paper answers the question: “How should someone who works temporarily from abroad for private reasons be qualified for visa purposes?”

Since this is a relatively new topic, regulators never explicitly addressed temporary remote workers in their visa rules and regulations. As a result, there is no specific visa or applicable framework for this type of persona. Generally, visa rules and regulations provide only three possible “titles” for non-nationals to be in a country: tourism, local employment or business travel.

-> We separately discuss these three different titles and address whether they are suited to cover temporary remote workers. 

Authors

Gonzalo is Associate Tax & Trust at WorkMotion. He is a Spanish law graduate, specialising in international tax. He enjoyed his international education in Spain, France and the Netherlands. He has working experience in both France and Belgium, where he started his career with Deloitte. Gonzalo is currently enrolled in a Legal Practice Master’s program to obtain a certification as a lawyer in Spain. 

Pieter is WorkMotion´s Head of Trust & Employer Compliance. He is a Dutch certified tax lawyer specialising in compliance around modern mobility. Pieter has 13 years of professional experience with PwC in the Netherlands and Germany. He was Director responsible for the PwC Germany´s Remote Work proposition prior to joining WorkMotion in January 2022. 

Many employers are not only adopting national hybrid working models but also policies that allow their employees to temporarily work from abroad. This last concept is especially interesting because it raises an important question before the employee even enters the destination country.

This position paper answers the question: “How should someone who works temporarily from abroad for private reasons be qualified for visa purposes?”

Since this is a relatively new topic, regulators never explicitly addressed temporary remote workers in their visa rules and regulations. As a result, there is no specific visa or applicable framework for this type of persona. Generally, visa rules and regulations provide only three possible “titles” for non-nationals to be in a country: tourism, local employment or business travel.

-> We separately discuss these three different titles and address whether they are suited to cover temporary remote workers. 

Gonzalo is Associate Tax & Trust at WorkMotion. He is a Spanish law graduate, specialising in international tax. He enjoyed his international education in Spain, France and the Netherlands. He has working experience in both France and Belgium, where he started his career with Deloitte. Gonzalo is currently enrolled in a Legal Practice Master’s program to obtain a certification as a lawyer in Spain. 

Pieter is WorkMotion´s Head of Trust & Employer Compliance. He is a Dutch certified tax lawyer specialising in compliance around modern mobility. Pieter has 13 years of professional experience with PwC in the Netherlands and Germany. He was Director responsible for the PwC Germany´s Remote Work proposition prior to joining WorkMotion in January 2022. 

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