Can we hire a foreign national who isn't currently living in the country?

• Hiring a foreign national who is not currently living in your country is often possible, but the process depends on immigration, employment, and tax regulations in both the employer's and employee's locations.
• Employers typically have three main options: sponsoring a work visa, engaging the worker through an Employer of Record (EOR), or hiring them as a local employee through an overseas entity.
• Getting the right employment and compliance structure in place from the outset can help organisations access global talent while avoiding legal, payroll, and tax risks.

Can we hire a foreign national who isn’t living in the country? It’s a good question and you’ll be pleased to learn that the short answer is yes.

In 2026, the UK Home Office listed more than 123,000 licensed sponsors authorised to hire skilled workers from overseas. Meanwhile, recent research found that, at the start of the year, leaders expected an average of 57% of new hires would come from abroad.

As competition for top talent continues to intensify, you may be one of many organisations looking beyond their home borders to fill vital roles. However, the route you take to compliantly hiring overseas individuals will depend on where they are located, where they intend to work, and the employment law in both jurisdictions.

Understanding cross-border hiring

When hiring a foreign national who is living abroad, you must first determine where the employee will physically perform their work.

If the individual plans to relocate and work in your country, then you’ll need to consider immigration requirements. In many cases, the individual will need an appropriate work visa or permit before they can legally commence working for you.

Alternatively, if the employee intends to remain in their home country and work remotely, a whole host of different considerations come into play – including local employment laws, payroll obligations, tax requirements, and social security contributions in the employee's country of residence.

The correct hiring model for you depends on these circumstances, which means it is important to evaluate the intended working arrangement from the very beginning of your overseas hiring journey.

Sponsoring a work visa

As you’re no doubt aware, one of the most traditional routes for hiring a foreign national is sponsoring them to work in your country.

Many countries have skilled worker visa programmes, such as the UK’s Skilled Worker visa, designed to help employers address to labour shortages and attract international talent.

Visa sponsorship can be the way to go when the candidate's skills are difficult to source locally, but it often involves a lot of admin for which start-ups or SMEs may not have the in-house capacity.

Demonstrating that the role meets salary thresholds, while maintaining compliance records, and monitoring immigration requirements for the duration of the employee's term of employment can be a lot to land on small HR teams. So, engaging an overseas hiring partner is crucial to relieve your teams of undue administrative burden and keep the process flowing smoothly and compliantly.

Hiring a foreign national remotely

In some cases, relocation may not be necessary at all. Thanks to advances in technology and the post-pandemic, widespread adoption of remote working, organisations are able to build international teams without requiring employees to move countries.

While this approach can provide access to a broader talent pool, there are risks and employers should be aware that hiring someone overseas is not as simple as sending over a contract that complies with the laws of their home country.

When an employee works in another jurisdiction, the local employment legislation of their country applies to their employment. This can affect matters such as minimum wage requirements, statutory leave entitlements, working time regulations, termination procedures, and mandatory employee benefits.

There may also be payroll tax obligations, social security requirements, and corporate compliance considerations that need to be addressed.

For businesses without an existing legal entity in the employee's country, managing these obligations independently can be complex and time consuming.

Using an Employer of Record to hire workers in other countries

An increasingly popular solution for hiring people abroad is partnering with an Employer of Record (EOR).

An EOR acts as the legal employer on behalf of an organisation, enabling businesses to hire workers in countries where they do not have their own registered entity. The employee works for the client company while the EOR manages the associated employment contracts, payroll, tax withholdings, statutory benefits, and local compliance requirements.

This model allows organisations to engage international talent quickly whilst reducing the administrative burden associated with establishing a local presence.

It can also be particularly valuable when testing new markets, recruiting a small number of overseas employees, or seeking to hire talent in locations where setting up an entity would not be commercially practical.

For more information, read our Ultimate guide to Employer of Record.

Key compliance considerations

Regardless of the hiring method chosen, as a smart employer, you always need to keep compliance at the heart of your operations, no matter where you’re hiring.

Employment regulations differ considerably between countries, and assumptions based on the requirements of your home country can create significant risks when applied internationally.

Employers should carefully assess immigration rules, employment legislation, payroll obligations, social security requirements, data protection regulations, and tax liabilities before onboarding an overseas worker.

One important area often overlooked is permanent establishment risk. In certain circumstances, employing an individual in another country could create a taxable presence for the organisation there, depending on factors such as the employee's role, authority, and business activities.

Seeking expert guidance from trusted organisations like Mauve Group can help organisations understand their obligations and avoid costly compliance issues.

Benefits of hiring overseas

When managed correctly, hiring people in other countries can be highly beneficial to organisations of all sizes.

International recruitment can help to plug skills gaps. It can also support business expansion plans by providing local market knowledge, as well as cultural insights and language capabilities.

Global hiring often contributes to greater workforce diversity, bringing different perspectives and experiences that can support innovation and problem solving.

For organisations operating across multiple markets, internationally distributed teams can also improve responsiveness to customers in different time zones and regions. As businesses become increasingly global in their outlook, the ability to attract and retain talent regardless of location is becoming a key competitive advantage.

Planning for successful international hiring

Successfully hiring a foreign national who is not currently living in your country requires a clear understanding of employment structures, immigration requirements, and ongoing compliance responsibilities.

Before beginning the recruitment process, organisations should assess whether relocation is necessary, determine how the employee will be engaged, and evaluate any legal or tax implications associated with the role.

Early planning can help avoid delays, improve the candidate experience, and ensure the employment relationship starts on a compliant foundation.

By taking a strategic approach, businesses can confidently access international talent while minimising administrative complexity and regulatory risk.

How Mauve Group can help

Navigating international hiring requirements can be challenging, particularly when employment laws, immigration regulations, and payroll obligations vary from country to country. Mauve Group helps organisations hire, onboard, and manage talent across the globe through tailored global employment solutions.

Whether you need support sponsoring overseas employees, managing international payroll, engaging talent through Employer of Record services, or expanding into new markets, Mauve Group's experienced team can help ensure compliance while streamlining the hiring process.

With decades of global workforce expertise, Mauve enables organisations to access international talent without the complexity traditionally associated with cross-border employment. Contact our team today.

Frequently asked questions

Can I hire a foreign national who lives in another country?

Yes. Employers can hire foreign nationals who live abroad either by sponsoring them to relocate and work locally or by engaging them remotely in their country of residence, provided all relevant legal and compliance requirements are met.

Do I need a legal entity to hire someone in another country?

Not always. While establishing a local entity is one option, businesses can also hire international employees through an Employer of Record, which acts as the legal employer and manages local employment compliance.

What are the biggest risks when hiring international employees?

Common risks include immigration non-compliance, payroll and tax errors, breaches of local employment laws, failure to provide statutory benefits, and potential permanent establishment exposure in the employee's country of residence. Proper planning and expert support can help mitigate these risks.