Business Visitors: The Rules
On 1 October 2013, the list of activities that a business visitor can do was expanded. This update provides information on some of the requirements that apply to business visitors coming to the UK.
This immigration category enables individuals who are non EEA nationals to attend meetings and carry out certain other business related activities during their time in the UK. The activities that are permitted are outlined below.
Specific rules apply to those coming to the UK as film crew, representatives of overseas news media, academic visitors and religious workers.
The Benefits
In many cases, entering the UK as a business visitor can be simple and straightforward as many individuals do not need to apply for a visa in advance of entering the UK. Individuals from certain countries (which are known as "visa nationals") do need to apply for a visa in advance of entering the UK as a business visitor so this should always be checked in advance.
The Risks
The business visitor category is inappropriate for those who plan to take up employment in the UK. Business visits cannot be used as a way to circumvent the rules on obtaining permission to work in the UK. They should not be used as a way for individuals to commence employment in advance of their Tier 2 visa being granted.
In many cases it will be very obvious that a business visitor is a genuine visitor and that they are not working in the UK. In other cases, where the visit to the UK is prolonged or where there are frequent/ successive visits, the lines may become more blurred in terms of whether the individual could be considered to be working or not. In such cases, advice should be sought to ensure that the business visitor category is appropriate. There are considerable risks of getting it wrong as if an individual is considered to be working without permission, this can result in criminal liabilities for both the individual, the employing company and potentially its directors/ senior managers.
Who Qualifies?
To qualify, individuals must meet the following essential requirements:
- Be 18 or over;
- intend to visit the UK for no more than 6 months (or 12 months for academic visitors). A specific exception applies to doctors in training;
- intend to leave the UK at the end of the visit;
- have enough money to support and accommodate themselves without working or help from public funds;
- be based abroad and not intend to transfer their base to the UK, even temporarily;
- receive their salary from abroad (but reasonable travel and subsistence expenses are allowed);
- not be replacing someone in the UK;
- be able to meet the cost of the return or onward journey; and
- not be in transit to a country outside the 'Common Travel Area' (Ireland, the UK, the Isle of Man and the Channel Islands).
What Activities Are Permitted As a Business Visitor?
As noted above, there are certain specialist categories of business visitor – and specific rules about what they can and cannot do.
In situations where those exceptions do not apply, individuals can enter the UK as a business visitor if they intend to carry out any of the following 'permitted activities' (but please note that this is just a summary and specific rules apply to each):
- attending meetings or conferences;
- arranging deals, or negotiating or signing trade agreements or contracts;
- undertaking fact-finding missions;
- conducting site visits;
- delivering goods and passengers from abroad;
- accompanying a tour group;
- speaking at a 'one-off' conference where this is not run as a commercial concern;
- representing a foreign manufacturer by coming to service or repair its products within their initial period of guarantee;
- representing a foreign machine manufacturer;
- interpreting or translating for visiting business persons;
- acting as a monteur (a worker such as a fitter or serviceperson) for up to 6 months to erect, dismantle, install, service, repair or advise on the development of foreign-made machinery;
- attending board meetings in the UK as a board-level director, provided that the individual is not employed by a UK company
There are additional permitted activities that relate to advisers, trouble shooters, trainers, internal auditors, persons undertaking specific one off training and secondees.
Employers should check the detailed guidance produced by the Home Office on what activities are permitted. The detailed guidance that has been effective since 1 October 2013 is here:
What Changes have applied to Permitted Activities since 1 October 2013?
The main substance of the rules are the same. However, the changes introduced to the business visitor category from 1 October include:
- Allowing multinational firms to bring their own auditors to the UK.
- Enabling business visitors to undertake corporate training in the UK delivered by an external company or do a short course of study.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
