Business Visitor Visas – An Overview
Laura Darnley and Flora Mewies
by Laura Darnley and Flora Mewies
Background
Post-Brexit, anyone who is not a British or Irish national (or otherwise settled in the UK) now requires a visitor visa in order to enter the UK.
Nationals of certain countries, referred to as “visa nationals'” must make an online visitor visa application and obtain a visa prior to travelling to the UK.
EU citizens and other non-visa nationals are not required to make a formal visitor visa application. Instead, they obtain permission to enter the UK as a visitor when going through UK border control. They may be questioned at the border about their planned activities, and they must be prepared to show that they are genuinely entering the UK as a visitor.
Technological advances mean that many people now pass through border control using the e-gates without speaking to a border officer; however this should not lead to a false sense of security. If you do not comply with the visitor visa rules on entry to the UK and throughout your stay, there could be serious consequences both for individuals personally and for the businesses they work for. Consequences could include being stopped from entering the UK, removal from the UK, and illegal working penalty fines (usually GBP 60,000 per illegal worker). In some cases this can also result in a ban on re-entry of up to 10 years and even criminal liability. It is imperative that you are fully appraised of the visitor visa requirements prior to travelling to the UK.
Business travel to the UK
Whilst Covid-19 put a stop to most international travel for some time, we are now seeing an increasing return to in-person meetings and corporate events, which in turn has led to an increased need for employees to travel internationally.
Importantly, the visitor visa is not a “free pass” to work in the UK for up to 6 months without restriction. On the contrary, only certain business activities are permitted under the visitor visa.
For example, although individuals are able to carry out “permitted business activities” such as attending meetings, signing and negotiating deals, and conducting site visits, they are not permitted to carry out paid work or take employment in the UK.
Recently, the scope of “permitted business activities” has been expanded and business visitors are now able to work remotely whilst in the UK, provided this is not the primary purpose of the visit.
Similarly, permitted intra-corporate activities have been expanded to remove the prohibition on visitors working directly with clients, so long as the client-facing activity is incidental to the employment abroad, and does not amount to the offshoring of a project or service to their overseas employer.
Conclusion
Whilst the recent changes signal a welcome relaxation for both employers and employees alike, it is very important to check that the required activities are permitted in advance of travel. Failure to do so can result in very serious consequences for individuals and businesses alike. As such, the importance of complying with UK visitor visa requirements cannot be overstated.
Ward Hadaway is one of the largest full service law firms in the North of England, with a reputation for quality, innovation and a practical approach to meeting their clients’ needs. With 90+ partners and over 450 staff, the firm’s approach of partner-led relationships with all clients is supported by a resource that has real strength in depth.
Flora is a Partner in the Employment team. She is an immigration solicitor specialising in helping employers recruit from overseas and helping individuals with visa applications. Contact Flora.
Laura is a Partner in our Employment department. She has extensive experience in advising clients in relation to all of their "people" related needs . She specialises in advising on business immigration issues to help clients recruit and retain the best talent from across the world. Contact Laura.
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