Many employees can enter the UK as visitors without a visa, however, if a UK
company has invited an employee to the UK for a business visit, they are required
to present a letter of invitation explaining the purpose of the trip. The letter
should state whether the UK or foreign company is paying for the trip.
Business visitors to the UK are allowed to perform the following duties:
- Attend meetings, purchase goods, and negotiate contracts;
- Attend conferences and seminars;
- Examine goods purchased by their company; and
- Attend instructional training limited to observation only, hands-on-training
is not permitted unless a work permit is obtained beforehand.
In exceptional cases, an employee can enter the UK as a visitor to:
- Deliver goods from abroad;
- Repair or install their company’s products;
- Advise, consult, conduct or attend training but only if the employee can show
that they are employed abroad either directly or under contract by the same company
or group of companies;
- Act as guest speaker or expert at a conference or seminar, or to run a conference
or seminar for no more than five days (5); or
- A sportsperson or entertainer traveling for trials, auditions, or personal
appearances that do not involve performances.
The following activities fall outside the scope of business activities and require
the employee to hold a UK work permit to legally engage in them:
- Perform paid or unpaid work;
- Provide services in the UK; or
- Produce, sell and service goods.
Regardless of the purpose of the trip, employees can only stay in the UK for
a maximum of six (6) months. Employees who need to remain in the UK for more than
six (6) months must apply for a visa. The visa enables the employee to visit the
UK as often they want for a maximum of up to six (6) months on each visit.
Who Needs a Visa?
Employees traveling to the UK will need a visa if they:
- Are a citizen of one of the countries in the list below;
- Are stateless;
- Hold a non-national travel document (a travel document which does not give
you the nationality of the country that issued it); or
Hold a passport issued by a country that is not recognized by the UK, such
as:
Afghanistan |
Georgia |
Palestinian Authority |
Albania |
Ghana |
Philippines |
Algeria |
Guinea |
Qatar |
Angola |
Guinea Bissau |
Romania |
Armenia |
Guyana |
Russia |
Azerbaijan |
Haiti |
Rwanda |
Bahrain |
India |
Sao Tome & Principe |
Bangladesh |
Indonesia |
Saudi Arabia |
Belarus |
Iran |
Senegal |
Benin |
Iraq |
Serbia & Montenegro |
Bhutan |
Ivory Coast |
Sierra Leone |
Bosnia-Herzegovina |
Jamaica |
Somalia |
Bulgaria |
Jordan |
Sri Lanka |
Burkina Faso |
Kazakhstan |
Sudan |
Burma (Myanmar) |
Kenya |
Surinam |
Burundi |
Korea (Dem. People's |
Syria |
Cambodia |
Rep) |
Taiwan |
Cameroon |
Kuwait |
Tajikistan |
Cape Verde |
Kyrgyzstan |
Tanzania |
Central African
Republic |
Laos |
Thailand |
Chad |
Lebanon |
Togo |
China, People's Rep.
of |
Liberia |
Tunisia |
Colombia |
Libya |
Turkey |
Comoros |
Macedonia |
Turkish Republic of
|
Congo, Democratic |
Madagascar |
Northern Cyprus' |
Republic of |
Malawi |
Turkmenistan |
Congo, Republic of |
Mali |
Uganda |
Cuba |
Mauritania |
Ukraine |
Djibouti |
Moldova |
United Arab Emirates |
Dominican Republic |
Mongolia |
Uzbekistan |
Ecuador |
Morocco |
Vatican City
|
Egypt |
Mozambique |
(service &
emergency |
Equatorial Guinea |
Nepal |
passports only) |
Eritrea |
Niger |
Vietnam |
Ethiopia |
Nigeria |
Yemen |
Fiji |
Oman |
Zambia |
Gabon |
Pakistan |
Zimbabwe |
Gambia |
Peru |
|
To apply for an “Entry Clearance Visa” to enter the United Kingdom, employees
will need to file the following documents with the British Embassy or Consulate
with jurisdiction over their place of residence:
- Original passport;
- One passport-sized photograph;
- Proof of valid immigration status if they are a resident of a country other
than their country of citizenship;
- Airline reservations showing intended arrival and departure date;
- Employment verification letter confirming the details of their trip and providing
a financial guarantee; and
- Proof of sufficient funds, such as a recent bank statement (no more than thirty
(30) days old), travelers checks. Please note, credit card statements are not acceptable
as evidence of sufficient funds.
Visas take between one (1) to two (2) weeks to process and issue.
For more information on different types of visas to the United Kingdom and specific
individual entry requirements please contact the head of GT’s Global Outbound Immigration
Group, Dawn Lurie at luried@gtlaw.com.
Work Permits
All employees who intend to work in the UK, must have a work permit unless they
are:
- European Economic Area (EEA) citizens;
- Swiss citizens;
- Citizens of Gibraltar;
- Commonwealth citizens with permission to stay in the UK based on UK Ancestry;
- A seaman under contract to join a ship due to leave British waters;
- An civilian employed with NATO Forces.
This list is not all inclusive and you should contact GT to determine if you
need a work permit for the UK.
In the UK, work permits are issued by a division of the
Home Office's Immigration
and Nationality Directorate.
A work permit is specific to the employee and the job he/ she will perform in the
UK.
In the UK there are six (6) different types of work permits:
- Business and commercial: This work permit allows non-EEA citizens to fill
a position that the UK company has been unable to fill with a resident worker.
- Sportspeople and entertainers: This work permit allows sportspeople, entertainers,
cultural artists and some technical and support personnel from outside the EEA to
be employed in the UK.
- Internships: This work permit enables students from outside the EEA studying
in higher education degree programs overseas to undertake an internship with an
employer in the UK.
- GATS (Global Agreement on Trade in Services): This work permit allows companies
that are based outside the European Union to send qualified personnel to the UK
to work on a service contract awarded to them by a UK company.
- Sectors Based Scheme (SBS): This work permit allows non-EEA citizens to enter
the UK for a period of up to twelve (12) months to perform non-experienced work
in the food manufacturing industry.
- Training and Work Experience Scheme (TWES): This work permit allows non-EEA
citizens to perform work-based training for a professional or specialist qualification,
or to work as an extra member of staff for a short period of time to obtain work
experience
UK companies that are sponsoring a work permit application for the first time
and UK companies that have not sponsored a work permit for the previous five (5)
years will need to file the following documents with the UK Home Office when filing
a work permit application:
- Copy of the companies last audited accounts;
- Proof that the sponsoring company is a UK company; and
- Proof of the relationship between the UK company and the applicant’s employer.
In general, work permit applications can take two (2) to three (3) weeks to be
approved. The validity of the work permit will depend on the type of work permit
the employee obtains.
Work permits issued to non-visa citizens valid for more than six (6) month require
that the foreigner apply for an entry clearance at the British Embassy or Consulate
with jurisdiction over his/ her place of residence. This also applies to visa nationals,
who will require a visa regardless of the length of validity of the work permit.
A non-visa national who is granted a work permit for up to six (6) months does not
require an entry clearance to enter the UK.
In order to file an application for a UK entry clearance, the applicant must
file the following documents:
- Original passport;
- Original Work Permit;
- Two (2) passport-sized photographs;
- Application form duly completed;
- Payment of fee; and
- Proof of sufficient funds.
As with any visa application, the Embassy or Consulate has the right to request
additional information prior to the issuance of a visa.
For more information on different types of visas to the United Kingdom and specific
individual entry requirements please contact the head of GT’s Global Outbound Immigration
Group, Dawn Lurie at luried@gtlaw.com.
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