Whether you have a third-party business visitor, overseas group staff or a board member visiting the UK, it’s important to be aware of the restrictions they face. We have seen an increase in European Economic Area (EEA) business visitors in particular being challenged as to the purpose of their visit.

Who needs a visit visa before arriving in the UK?

Visa nationals – those nationalities specifically classed as requiring entry clearance prior to travel (e.g. Egypt, Iran, Kenya, Philippines to name a few). Non-visa nationals (e.g. USA, EEA) can seek entry to the UK on arrival without a visa. However, don’t be lulled into a false sense of security; they don’t need a visa in advance, but do need to adhere to the visitor rules. This has been a big adjustment for EEA nationals post-Brexit. Further, prior convictions can be particularly challenging for UK visitors and should be considered in advance. Irish nationals are exempt from the visitor rules.

Non-visa nationals will soon need an electronic travel authorisation before arriving, the scheme being rolled out in stages across 2023/24.

How long can a visitor stay in the UK?

Technically a general business visitor can stay for up to 180 days per visit. However, the longer and/or more frequent visits are, the greater the risk of challenge from immigration officers. Depending on the purpose of a visit, immigration officers may expect them to be in the UK for a much shorter period. Visitors must be able to demonstrate they: will leave at the end of their visit; won’t live here for extended periods through multiple visits; are only seeking to undertake permitted activities; and have sufficient funds to cover their stay and return home.

What can a business visitor do in the UK?

They must not work, take up a role in the UK (even temporarily) or provide goods/services to the public. The rules contain limited activities they may undertake, such as attending meetings and negotiating contracts. There are also specific permitted activities for certain sectors, fields or intra-group visitors. Caution is also required around remote working from the UK.

One size rarely fits all here. Employers should carefully consider the purpose and proposed activities of each visit (regardless of duration), to be satisfied they fit within the rules. The visitor should be on message, prepared for questions on arrival and, ideally, have appropriate documentation evidencing the nature of their visit. Nonetheless, immigration officers have wide discretion, and can refuse entry.

Expanded permitted activities are expected to be implemented from autumn 2023 following the spring budget announcements.

Key risks of getting it wrong?

Refusal of entry to the UK (and potential difficulties entering in the future);
Illegal working (with hefty criminal and civil liabilities for the UK business and individual);
Compliance investigation into the UK business (which in turn could jeopardise the UK business’ ability to sponsor migrant workers for future work visas).

Other visa options?

If intended activities stray beyond those permitted of visitors, there are a range of UK economic migration routes available. Employers should proactively consider these and identify which immigration route is the most appropriate in the circumstances. These can include, for example, employer sponsored work visas (which will require a sponsor licence to be in place) or alternative non-sponsored routes. The employment and tax implications of any such routes should be carefully considered.

Joanne Hennessy is a Partner, TLT

Business visitors need to follow the rules post-Brexit or face the consequences - Joanne Hennessy