How to navigate the UK Business Visit visa rules

Since Covid-19, there has been an increased amount of global mobility within the workforce and with the implications of Brexit, more and more clients have been questioning the need for a UK visa when employees are not fully based in the UK, but are required to complete a percentage of their job description and employment contract within the UK. What needs to be considered when deciding if an employee needs a UK work visa?

UK Visit Visa Law

In accordance with UK law, a visitor must not take employment in the UK, work for an organisation or business in the UK, establish or run a business as a self-employed person, complete work placement or internship, embark on direct selling to the public or provide goods and service unless stated otherwise within the rules.

There is, however, a list of paid engagements that are permitted – but these must be arranged prior to the intended travel dates, declared as part of the entry clearance application (if required to make one), be evidenced by a formal invitation, and must relate to the visitor's area of expertise and occupation overseas.

There is also a further list of permitted activities when an individual enters the UK as a business visitor. These permitted activities are:

• Attend meetings, conferences, seminars, interviews.
• Give a one-off or short series of talks and speeches provided these are not organised as commercial events and will not make a profit for the organiser.
• Negotiate and sign deals and contracts.
• Attend trade fairs, for promotional work only, provided the visitor is not directly selling; and
• Carry out site visits and inspections.
• Gather information for their employment overseas.
• Be briefed on the requirements of a UK-based customer, provided any work for the customer is done outside of the UK.

Business visitors and UK workers: the differences

While embarking on these listed permitted activities in the UK would not appear to be an issue at the outset, an individual regularly entering the UK for work purposes, as well as performing activities laid out in their contract, may raise concerns with the UK Visas and Immigration (UKVI).

Often, it is within the individual employee's contract to complete global work, including within the UK – whether this means that they are on a split contract with a percentage being based in the UK or not. This would mean that the individual is carrying out jobs listed in their employment contract and, therefore, their job role. Furthermore, if a sponsor licence holder has individuals regularly entering the UK in order to carry out work to fulfil their individual job roles, this could very easily go above and beyond that allowed as a business visitor. The UKVI could also view it as them working for a UK company if the overseas company has an entity based in the UK. This would therefore put the Sponsor Licence holder at serious risk.

Case Study

Recently, we have advised a client in relation to this scenario. The employer had multiple entities, both in the EU and the UK. The individual employee's contracts were often split – with a percentage of the contract being based in one or more countries in the EU, and a percentage being based in the UK.

Although over 50% of the contract was based in the EU, the individual employee was going to be entering the UK on a weekly/fortnightly/monthly basis in order to perform the job role as laid out in their employment contract.

We advised on the risk of the individual breaching UK immigration law, and came to the conclusion that there was a requirement for a UK work visa, in order for the individual to embark on their duties within the UK.