Are you an overseas business looking to send your employees to the UK? You don’t always need a visa.

Posted by: Alicja Bielawska
Posted in: Business immigration, Reading room
Date published: 13/02/2024

Understand Permitted Activity Rule 7 and unlock your business opportunities.

Indeed, you will not be required to apply for a visa in every case. However, if you misapply the law, you may face serious legal and business consequences. This is why you have to understand when you can take advantage of so-called “Permitted Activities for Visitors”, and when you will need to secure an appropriate visa for your worker before committing yourself to a project in the UK.

Manufacture and supply of goods to the UK

Permitted Activity Rule 7 delineates the activities permissible for workers or employees of overseas companies (for example, Polish or Romanian businesses) when engaging in technical services within the UK without a necessity to secure a visa or any additional permit. The rule states that an employee of an overseas company may:

Install, dismantle, repair, service, or advise on machinery, equipment, computer software, or hardware, or

Train UK-based workers to provide these services.

However, the applicability of these activities is contingent upon certain conditions being met, namely:

There must be a contract of purchase, supply, or lease with a UK company or organisation, and

The overseas company must either be the manufacturer or supplier of the machinery, equipment, software, or hardware, or part of a contractual arrangement for after-sales services agreed at the time of sale or lease.

Compliance and documentation

For overseas companies seeking to engage in activities permitted under Rule 7, compliance with immigration regulations is paramount. This entails:

Ensuring that the proposed activities fall within the scope outlined in the rule. If they don’t, consider making an application for a visa in the UK instead.

Documenting the contractual relationship between the overseas company and the UK entity, including evidence of purchase, supply, or lease agreements. This is where you should have a closer look at your contract. Is the role of your business and employees clearly outlined in the contract? You should know that Border Force may want to examine the papers before deciding whether to allow your employee to enter the UK.

Providing proof of the employee’s role within the overseas company and their expertise in the relevant technical field. The employee must stay on the payroll of the overseas business when providing service in the UK. It should be clear the worker came for a short period of time to do the job and will leave the UK immediately after that.

Conclusion

If you run an overseas company and want to engage in a project in the UK, Permitted Activity Rule 7 may serve as a viable solution for you. However, you must ensure that arrangements fall within the scope of regulation. The rule cannot be utilised to circumvent legal obligations.

Our UK lawyers can guide you through the process by:

Providing you with a legal advice tailored to your needs

Drafting and reviewing contracts to ensure your interest is protected

Preparing relevant paperwork for your employees to minimise the risk of them being rejected entry into the UK

Being for you “on call” when your employees are supposed to cross the UK border

Supporting you throughout the project in the UK.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.