Briefings
Immigration: Business Visas - The Definitive Guide
The recent difficulties experienced by I-Flex highlight the importance of adhering strictly to the activities permitted by each visa category. This briefing paper sets out the activities that may legitimately be undertaken by business visitors and comprises the clearest guidelines issued by the Home office as to what amounts to "transacting business", which is permitted under a business visa, and "work", which is not and for which a work permit is essential.
A Business Visitor ("BV") must meet all the normal requirements for leave to enter as a visitor. The immigration officer must be satisfied that the BV works abroad and has no intention of transferring his base to the United Kingdom even temporarily. The BV would be expected to receive his salary from abroad but may receive reasonable expenses to cover the costs of his travel and subsistence. The BV must not receive a salary or fee from a United Kingdom source nor be involved in selling goods or services direct to members of the public.
List of typical business visitors
It is not possible to give a comprehensive list of "approved" types of business but the following are acceptable activities for business visitors and will most commonly be encountered by those coming to:
- attend meetings and conferences;
- arrange details, to negotiate or sign trade agreements, contracts, etc;
- undertake fact-finding missions, check details or goods;
- purchase trade goods; and
- undertake training in techniques and work practices used in the United Kingdom, provided that the training is confined to observation, familiarisation and classroom instruction.
Others accepted as business visitors
In addition, although the following fall outside the strict limits of the visitor provisions of the Rules, mostly because they are supplying a service in the United Kingdom, as a matter of administrative policy, those listed below are allowed to enter as visitors;
- those delivering goods and passengers from abroad such as lorry drivers and coach drivers provided they are genuinely working an international route;
- tour group couriers who are contracted to a firm outside the United Kingdom, who are seeking entry to accompany a tour group and who intend to leave with that tour group;
- those coming as speakers in a conference where this is not run as a commercial concern and the conference is a "one off";
- advisers, consultants, trainers, trouble-shooters etc, provided they are employed abroad, either directly or under contract, by the same company (or group of companies) to which the client firm in the United Kingdom belongs. Their involvement must not extend to actual project management or to providing advice or consultancy services direct to clients of the United Kingdom company. Training should be for a specific, "one-off" purpose (for example, training in the use of products manufactured overseas or training specific to the operation of a group of companies of which the United Kingdom firm is a member). The training should not go beyond classroom instruction and should not otherwise be readily available here;
- representatives of computer software companies coming to install, debug or enhance their products. Representatives of such companies may also be admitted as visitors in order to be briefed as to the requirements of a United Kingdom customer but if they are to provide a service involving the use of their expertise to make a detailed assessment of a potential customer's requirements this should be regarded as consultancy work for which a work permit is required;
- representatives of foreign manufacturers coming to service or repair their company's products within their initial period of guarantee;
- representatives of foreign machine manufacturers coming to erect and install machinery too heavy to be delivered in one piece, as part of the contract of purchase and supply; and
- monteurs - workers coming for up to 6 months to erect, dismantle, install, service, repair or advise on the development of foreign-made machinery.
Discretion may also be exercised to allow a person to enter as a visitor for business purposes which might arguably involve the provision of a service such as taking instructions or giving professional advice, where the visit is for a short period (i.e. for a day or so), is on a "one-off" basis and there are no significant implications for the resident work-force. This is particularly so where a person could conceivably have conducted his business entirely over the telephone but a meeting was preferred.
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Business Visas - The Definitive Guide
IMPORTANT: This briefing note is only intended as a general statement of the law and no action should be taken in reliance on it without specific legal advice. Release Date: 01 April 2003
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