Can I Work Remotely From Another Country? Complete Legal Guide

Legal Considerations: What the Law Says

Visa and Immigration Requirements

The type of visa you hold determines what activities you can legally perform in a foreign country.

Tourist Visas Most tourist visas explicitly prohibit “work” within the country, but the definition varies:

• Traditional View: Any compensated activity is considered work
• Modern Interpretation: Some countries distinguish between working “in” vs. “from” their territory
• Gray Area: Remote work for a foreign company while on a tourist visa remains legally ambiguous in many jurisdictions

Digital Nomad Visas Over 50 countries now offer specialized visas for remote workers:

• Explicitly allow you to work remotely for foreign employers
• Typically require proof of employment or income ($2,000-$3,500/month)
• Duration ranges from 6 months to 2 years
• Examples: Portugal, Spain, Croatia, Costa Rica, UAE, Thailand, Indonesia

Important: Even with permission to enter a country, you may not have permission to work remotely. Always verify the specific terms of your visa.

Work Permits and Local Employment Law

When You Don’t Need a Local Work Permit:

• Your employer has no legal entity in the destination country
• You’re not performing services for local clients
• You’re paid by and remain employed by your home country entity
• Your stay is short-term (typically under 90 days)

When You Might Need One:

• Your company has a subsidiary or office in the destination country
• You’re working with local clients or generating local revenue
• You’re staying long-term (6+ months)
• Local labor laws explicitly require it for any work activity

Employer Liability Concerns: Many companies restrict international remote work because:

• Risk of creating a “permanent establishment” for tax purposes
• Potential employment law obligations in the foreign country
• Workers’ compensation and liability insurance complications
• Data privacy and security regulations (especially for EU/GDPR)

Employer Permission: Do You Need It?

Company Policies on International Remote Work

Typical Policy Tiers:

1. Domestic Only: No international work permitted

   • Common in highly regulated industries (finance, healthcare, defense)
   • Concerns about data security and compliance

2. Short-Term Exception: Up to 30 days per year with approval

   • Must notify HR and manager in advance
   • Limited to specific countries
   • No change to tax withholding

3. Extended International: 90+ days with structured approval

   • Requires legal and tax review
   • May need entity setup or contractor conversion
   • Often limited to countries where company already operates

4. Work From Anywhere: Full location flexibility

   • Growing trend among tech and startup companies
   • Usually requires staying within certain time zones
   • May still have restricted countries (sanctions, data laws)

What Happens If You Don’t Ask?

Risks of Working Abroad Without Permission:

For You:

• Disciplinary action, up to termination
• Visa violations and potential immigration consequences
• Tax compliance issues and penalties
• No workers’ compensation coverage if injured

For Your Employer:

• Unintended tax obligations in foreign country
• Permanent establishment risk
• Violation of employment and labor laws
• Data privacy regulation breaches
• Insurance and liability gaps

Best Practice: Always get written approval before working from another country, even for short trips.

Tax Implications: Understanding Your Obligations

Tax Residency Rules

Most countries use a 183-day rule to determine tax residency:

• Spend 183 days or more in a country within a 12-month period
• You may become a tax resident
• Tax residency can trigger obligation to pay income tax on worldwide income

Important Nuances:

• Some countries count partial days, others don’t
• “Days present” can include weekends and holidays
• Multiple countries may claim you as a tax resident simultaneously
• Tax treaties can override domestic rules

Common Tax Scenarios

Scenario 1: Short-Term Travel (Under 30 days)

• Generally no tax implications
• Continue paying taxes in your home country
• No reporting requirements in destination country

Scenario 2: Medium-Term Stay (30-180 days)

• Usually not a tax resident
• May need to track days carefully
• Some countries have specific digital nomad tax exemptions
• Check for threshold rules in destination country

Scenario 3: Long-Term Stay (183+ days)

• Likely triggers tax residency
• May owe income tax in destination country
• Could still owe tax in home country (depends on tax treaty)
• May need to file tax returns in multiple countries

US Citizen Special Case:

• US taxes citizens on worldwide income regardless of location
• Must file US tax return even if living abroad
• Foreign Earned Income Exclusion (FEIE) may apply ($126,500 for 2024)
• Foreign Tax Credit prevents double taxation

Social Security and Payroll Taxes

Where Are Payroll Taxes Owed?

• Generally, where you perform the work
• Exception: Totalization agreements (US has agreements with 30+ countries)
• Your employer may need to register for payroll in destination country
• This is a major reason companies restrict international remote work

Practical Considerations: Beyond the Legal

Time Zone Challenges

Managing Time Zone Differences:

• Small Gap (1-3 hours): Usually manageable with minor schedule adjustments
• Medium Gap (4-8 hours): May require split schedule or very early/late meetings
• Large Gap (9+ hours): Significant challenge, limited overlap hours

Team Collaboration Impact:

• Real-time communication becomes difficult
• Async work becomes essential
• May miss important meetings or decisions
• Can create frustration for teammates

Pro Tip: Choose destinations within ±3 hours of your team’s time zone for stays longer than 2 weeks.

Internet and Infrastructure

Minimum Requirements for Remote Work:

• Download speed: 25+ Mbps
• Upload speed: 10+ Mbps (higher for video calls)
• Latency: Under 50ms for optimal video quality
• Backup connection: Mobile hotspot or coworking space

Research Before You Go:

• Check internet speed reports (sites like Speedtest Global Index)
• Verify your accommodation has reliable wifi
• Identify coworking spaces as backup
• Consider local SIM card with data plan

Health Insurance and Medical Care

Coverage Considerations:

• Does your health insurance cover you abroad?
• Most US employer plans don’t cover international care
• Travel insurance vs. international health insurance
• Access to quality medical care in destination

Work Injury Concerns:

• Workers’ compensation typically doesn’t apply abroad
• Employer liability varies by jurisdiction
• Additional insurance may be needed

Duration Matters: Short Trip vs. Long-Term

The 30-Day Rule of Thumb

Many companies use 30 days as an informal threshold:

Under 30 Days (Vacation Work):

• Often treated as “work while traveling”
• Lower compliance risk
• Usually doesn’t trigger tax residency
• Minimal employer policy issues
• Still should get approval

30-90 Days (Extended Stay):

• More scrutiny from employer
• Some countries have special reporting
• Tax implications become more relevant
• Need to track days carefully
• Formal approval process usually required

90+ Days (Long-Term Remote):

• Serious tax and legal implications
• May need visa designed for longer stays
• Employer likely needs legal entity or contractor setup
• Tax residency highly likely
• Full compliance review necessary

Digital Nomad Lifestyle Considerations

The “Slow Travel” Approach:

• Stay 2-3 months per location
• Build routine and community
• More cost-effective than rapid movement
• Easier to maintain work schedule

Compliance Strategy:

• Stay under 183 days per country per year
• Track all days meticulously
• Choose countries with digital nomad visas
• Maintain clear tax residency in home country
• Keep documentation of travel dates

What to Tell Your Employer

How to Request Permission

Step 1: Review Company Policy

• Check employee handbook
• Look for international remote work policy
• Understand approval process
• Identify who needs to approve

Step 2: Prepare Your Request Include these details:

• Destination country and dates
• Duration of stay
• Reason for travel
• How you’ll maintain productivity
• Time zone and working hours plan
• Internet connectivity assurance
• Acknowledgment of any policy requirements

Step 3: Give Advance Notice

• 30+ days for short trips
• 60+ days for extended stays
• More time = easier for employer to assess

Sample Request Email:

Subject: Request to Work Remotely from [Country] - [Dates]

Hi [Manager/HR],

I'm planning to travel to [Country] from [start date] to [end date]
and would like to continue working remotely during this time.

Details:
- Duration: [X] days
- Time zone: [UTC offset] ([X] hours difference)
- Working hours: I plan to work [your hours] to ensure overlap
  with the team
- Internet: I've confirmed reliable high-speed internet at my
  accommodation and identified backup coworking spaces
- Visa: I'll be entering on a [tourist/digital nomad] visa

I understand our company policy on international remote work and
confirm this trip doesn't conflict with those guidelines. I'm happy
to provide any additional information needed for approval.

Please let me know if you need anything else to review this request.

Thank you,
[Your name]

What If They Say No?

Common Reasons for Denial:

• Legal entity concerns
• Data security restrictions
• Tax compliance complexity
• Client contract restrictions
• Company policy limitations

Alternative Options:

• Request unpaid leave
• Adjust travel dates to use vacation time
• Propose a shorter duration
• Suggest a trial period
• Wait for company policy to evolve

Important: Don’t work abroad secretly. The risks far outweigh any benefits.

Special Cases and Scenarios

Working While on Vacation

Can you check email or take calls while on vacation abroad?

The answer varies by country and circumstance:

Low Risk:

• Checking email occasionally
• One-off urgent call
• Quick Slack messages
• Duration: a few hours total

Medium Risk:

• Daily email checking
• Regular scheduled calls
• Light ongoing work
• Duration: several hours per day

High Risk:

• Full work days
• Leading projects remotely
• Client-facing work
• Extended duration (weeks)

Best Practice: If you plan to do any substantive work, follow the full approval process. Don’t let a vacation become stealth remote work.

Company-Sponsored Travel

Workations and Team Retreats:

• Employer-organized trips are different from personal travel
• Company typically handles legal compliance
• Usually short-term (1-2 weeks)
• Company insurance and workers’ comp apply
• Still need proper visas

Contractor vs. Employee Status

Being a Contractor Can Simplify International Work:

• You handle your own tax obligations
• Employer has fewer compliance concerns
• More location flexibility
• Trade-off: fewer benefits, less job security

Some employers convert employees to contractors for international work:

• Creates legal distance
• Shifts compliance burden to you
• May reduce your benefits
• Consider carefully before agreeing

Resources and Next Steps

Helpful Resources

Visa Information:

• VisaGuide.World - Digital nomad visa database
• Destination country’s immigration website
• Consulate or embassy websites

Tax Guidance:

• International tax accountant (highly recommended for 90+ day stays)
• IRS Publication 54 (for US citizens abroad)
• Tax treaties database

Company Policy Templates:

• SHRM (Society for Human Resource Management) resources
• Remote work policy examples

Digital Nomad Communities:

• Nomad List - City data and remote worker reviews
• Digital Nomad subreddit
• Location-specific Facebook groups

When to Hire Professionals

You Should Consult an Immigration Lawyer If:

• Planning to stay 6+ months
• Unclear if your visa permits remote work
• Prior visa denials or immigration issues
• Your employer needs formal legal opinion

You Should Consult a Tax Professional If:

• Staying 183+ days in any country
• Working from multiple countries
• Becoming a tax resident abroad
• Complex income sources (stock, investments)
• US citizen working abroad long-term

Typical Costs:

• Immigration lawyer consultation: $200-500
• Tax advisor (international): $500-2,000
• Employer legal review: $2,000-5,000

Final Recommendations

Conservative Approach (Lowest Risk)

1. Stay under 30 days per country
2. Get explicit employer approval in writing
3. Choose countries with digital nomad visas
4. Maintain clear tax residency in home country
5. Keep meticulous day records
6. Use professional tax and legal help for anything over 90 days

Balanced Approach (Moderate Risk)

1. Use digital nomad visas for 3-6 month stays
2. Rotate countries to stay under 183 days
3. Get employer approval with detailed compliance plan
4. Hire tax advisor for filing guidance
5. Focus on destinations where your company already operates

Aggressive Approach (Higher Risk)

Working on tourist visas without disclosure:

• Not recommended
• Risk of visa violations
• Risk of job termination
• No legal protections
• Potential tax penalties

Bottom Line: The safest, most sustainable approach is transparency with your employer and compliance with both home and destination country laws.