Guidance

Business visitors: VAT11

Published 9 December 2013

This guidance was withdrawn on 24 April 2015

This document is no longer current.

1. VAT11.1 What are the key requirements for business visitors?

The intention behind the business visitor rules is to support genuine ‘business to business’ relationships. A business professional working for an international company is not necessarily a business visitor and may need to qualify under the employment rules or the student rules where training is needed.

Business visitors must meet the Immigration Rules for business visitors: paragraphs 46G-L in addition to the Rules for general visitors: paragraph 41.

A business visitor is defined as a person who is employed abroad but who intends to visit the UK for short periods in order to undertake certain business related activities as outlined in Paragraph 46G and in this guidance. As well as meeting the normal requirements for leave to enter as a visitor those coming for this purpose must:

• be based abroad and not intend to transfer their base to the UK, even temporarily;
• receive their salary from abroad, although it is acceptable for them to receive reasonable travel and subsistence expenses whilst in the UK;
• not be involved in selling goods or services direct to members of the public;
• not be replacing someone in the UK, including for temporary leave periods.

Important definitions, as provided by the Immigration rules:

• employment unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self employment and engaging in business or any professional activity.
• A ‘Permissible Activity means a business activity of a type listed in United Kingdom Border Agency guidance specifying the activities that a business person may undertake during a short-term business visit to the UK.

You must not be coming to the UK to do work placements or internships.

2. VAT11.2 What types of people can be treated as business visitors?

Paragraph 46G provides for the following to be considered as business visitors for entry for 6 months or less:

• Film crews (including Actors, Producers, Directors and Technicians) on locations shoots only, provided they are employed or paid by an overseas company;
• Representatives of overseas news media provided they are employed or paid by an overseas company and are gathering information for an overseas publication or programme. Representatives of overseas news media organisations who will be based in the UK for more than 6 months will need to apply under paragraph 144 of the rules;
• Some academic visitors (see VAT12);
• Visiting professors accompanying students on study abroad programmes (see VAT13);
• Secondees from overseas companies who have a contract with a UK company, provided they are being paid by the overseas company - see VAT11.2.1 below; Religious workers undertaking preaching or pastoral work during a business visit (for example, to attend a conference), provided their base is abroad and they are not taking up an office, post or appointment;
• Advisers, consultants, trainers or trouble shooters employed abroad by the same company to which the client firm in the UK belongs, provided this does not amount to employment paid or unpaid for the UK branch - see VAT11.2.2 below;
• To carry out specific, one-off training in techniques and work practices used in the UK, provided this is not on-the-job training. Where the person is receiving tuition or training that is not delivered by the company being visited, entry should be required under the student rules - see VAT11.2.3 below.

2.1 VAT11.2.1 Secondees from overseas companies

What do the rules say?

To be a secondee to a UK company which is directly contracted with the visitor’s overseas company,with which it has no corporate relationship, to provide goods or services, provided the secondee remains employed and paid by the overseas company throughout the secondee’s visit.

Requirement 46G (iii) (f) of the Immigration Rules provides for persons to be seconded from overseas companies to UK companies as business visitors. This provision relates specifically and only to the situation where a UK company is to provide goods or services to an overseas company on a direct contractual basis, not vice versa; and where there is no corporate relationship between the two companies (that is, they are not part of the same group of companies).

The individual will be seconded in a supernumerary capacity for the purpose of assisting the UK company to deliver the contract, for example to clarify his company’s specifications.

The secondee must remain employed and paid by the overseas company throughout his visit. Where a person is employed by an overseas company and is being seconded to a UK company which is related to the overseas employer, he must qualify to do so under the Intra-Company Transfer (ICT) arrangements of Tier 2 of the points-based system. Therefore those who meet the ICT rules should not be granted leave under these arrangements for secondees. Persons coming to work in the UK in any other circumstances must qualify to do so under the relevant Tier of the points-based system.

Secondees coming to the UK for the specific purpose provided by 46G (iii) (f) should be granted leave to enter for a maximum of six months at any one time. In some cases such secondment arrangements can continue legitimately for longer than 6 months. Therefore, some secondees will wish to return to the UK for further periods. If the Entry Clearance Officer is satisfied that they are returning for the same purpose for which they were originally granted leave to enter and that they continue to meet the general visitor requirements, further entry clearance may be issued.

Dependants of secondees under paragraph 46G (iii) (f) will need to qualify for entry in their own right.

2.2 VAT 11.2.2 Advisers, consultants, trainers or trouble shooters

What do the rules say?

To act as an adviser, consultant, trainer or trouble shooter, to the UK branch of the same group of companies as the visitor’s overseas company, provided the visitor remains employed and paid by the overseas company and does not undertake work, paid or unpaid with the UK company’s clients.

Rule 46G (iii) (h) provides for advisers, consultants, trainers and trouble shooters to come to the UK as business visitors. The provision relates only to persons who are employed by an overseas company and who are coming to provide advice, consultancy, training or trouble shooting services to its UK branch.

They cannot conduct work, paid or unpaid, for or on behalf of the UK branch, including, but not limited to providing services for the UK branch to other companies, working in a supernumerary capacity, for example, internship, project managing or by way of short term temporary cover for the UK branch, or having direct involvement in producing goods for the UK company’s clients.

The person must remain employed and paid by the overseas company throughout the visit and typically their visit would be of a one-off short term nature. Where a person is employed by an overseas company and is being transferred to fill a skilled post in a UK entity that is related to the overseas company, he must qualify to do so under the Intra Company Transfer (ICT) arrangements of Tier 2 of the points-based system. Persons coming to work in the UK in any other circumstances must qualify to do so under the relevant Tier of the points-based system.

2.3 VAT 11.2.3 Training under the business visitor rules

What do the rules say?

(i) Specific, one-off training on techniques and work practices used in the UK where: (a) the training is to be delivered by the UK branch of the same group of companies to which the individual’s employer belongs; or (b) the training is to be provided by a UK company contracted to provide goods or services to the overseas company; or (c) a UK company is contracted to provide training facilities only, to an overseas company._

Rule 46G(iii)(i) provides for persons to come to the UK as business visitors for specific, one-off training in techniques and work practices used in the UK. The training could typically be classroom based and / or involve familiarisation or observation. The provision applies in the following circumstances:

• where the visitor is an employee from the same group of companies overseas as the UK company and the training is to be provided in-house. Example: where an overseas branch send an employee to find out about the UK branch’s marketing systems;
• where it relates to a product or service that has been sold by a UK company under contract to the overseas company and the latter is to receive training on its use. In this instance the two companies do not need to be related corporately. Example: training on how to use a piece of computer software that has been purchased; or
• where a UK company has been contracted to provide training facilities only and no tuition, to an overseas company, the trainees and the trainers from the overseas company will be business visitors. Example: Provision of a classroom or piece of equipment; or

• where the visitor is an employee from the same group of companies overseas as the UK company and is participating in a corporate training exercise provided to the UK company by an outside provider.

• if they are coming here on behalf of their overseas company to receive training of a short duration of 4 weeks in best practices/techniques/skills used in the UK by a UK company engaged by their employer to provide that training. The employer should provide evidence of how the practices earned will be used in their business.

All other applications must be considered under the Tier 4 points based system or the Student Visitor category of the Rules. As an example, a Chinese bank contracting a UK college to provide English language training or team-building activities would not satisfy the requirements of the Business Visitor Rules.

Those coming for training other than in the above circumstances, for example, English language training must qualify to do so under the Student or Student Visitor category of the Immigration Rules.

2.4 11.2.4 Permissible activities as a business visitor

In addition, those intending to carry out any of the following ‘permissible activities’ are to be considered as business visitors:

• Attending meetings (including interviews that have been arranged before coming to the UK), or conferences;
• Attending Trade Fairs provided this is restricted to promotional work and does not involve selling direct to members of the public;
• Arranging deals, negotiating or signing trade agreements, contracts, etc;
• Undertaking fact-finding missions, for example, journalists on a short assignment to cover a story;
• Conducting site visits;
• Purchasing, checking details of or examining goods;
• Delivering goods from abroad, such as lorry drivers and coach drivers provided they are genuinely working an international route;
• Attending interviews, where prior arrangements for interview have been made;
• Tour group couriers contracted to a firm outside the UK seeking entry to accompany a tour group and who intend to leave with that tour group;
• Speaking at a conference where this is not run as a commercial concern and it is a ‘one-off’ event;
• Interpreters or translators who are existing employees of an overseas company and who are accompanying and solely providing a service for business visitors from the company;
• Representatives of computer software companies coming to install, debug or enhance their products. Representatives coming to be briefed on a UK customer’s requirements is also acceptable. But representatives who intend to provide a detailed assessment of a potential customer’s needs should enter under the points-based system (PBS) (Tier 2) because this is regarded as consultancy;
• 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;
• Monteurs - representatives of foreign companies coming to erect, dismantle, install, service, repair or advise on the development of foreign-made machinery;
• Board level Directors attending board meetings in the UK provided they are not employed by a UK company, although there may be a fee for attending the meetings.

It is reasonable to expect those coming to the UK as Business Visitors (to attend meetings and so on) to want to make use of their laptop / Blackberry whilst here. Provided this is solely to enable the Business Visitor to keep up to date with their own workload abroad, or to liaise with contacts in the UK, the UK Border Agency would not consider this as ‘work’ for the purposes of the Immigration Rules.

3. VAT11.3 Is entry clearance mandatory for business visitors?

Entry clearance is only mandatory for visa nationals.

4. VAT11.4 Maximum stay in the UK?

In line with general visitors the maximum permitted stay as a business visitor is six months.

5. VAT11.5 Can business visitors switch into PBS employment?

No. A person who obtains leave to enter or remain as a business visitor is not permitted to switch into PBS employment.

6. VAT11.6 Entry clearance endorsement

Entry clearance should be endorsed: C: Visitor - Business, LTE 6 months, code 3

7. VAT11.7 Examples of refusal wording

Wording for refusals: Section 1-5 (can be downloaded under ‘Related documents’ on the right of this pag

8. VAT11.8 Do Business visitors have full rights of appeal?

No. Business visitors only have limited appeal rights.

9. VAT11.9 Entry clearance for spouses / partners and dependants

Entry clearance is only mandatory for visa national family members. All family members applying for entry clearance must meet the general visitor provisions in paragraph 41.

10. VAT11.10 Who cannot be accepted as a business visitor?

An important question to ask is whether there is evidence of a business to business link between the applicant and the UK entity. Examples:

1. An applicant who works for a multi-national company wishes to commence training in the UK. She has enrolled on a training course provided by a private company that has no links with her overseas company. Her company has not hired the UK college’s premises for company training and she is not engaging with the training provider to develop a relationship between her company and the UK entity. Importantly, she is not coming to do in-house training and the course is not mandatory or required for all staff. This applicant is not a business visitor. She is coming to undertake a course of study or training course and will therefore need to meet the student or student visitor rules.
2. An overseas student is looking to come to the UK to do work experience in a multi-national company. He doesn’t meet the requirements of points-based system Tier 2 or 5 and seeks entry as a business visitor based on the fact that he will not be paid in the UK. He cannot be considered under paragraph 46G as he is not employed by a company overseas that is looking to do or develop business with a UK company. Importantly, any paid or unpaid work is not permitted. Work placements and internships fall under points-based system tTer 2, 4 and 5.

The following are employment related applications and may not be considered as business visitors. They should be considered under the points-based system (PBS):

Tier 1

• Those intending to set up a business in the UK - T1 Entrepreneur.
• Those intending to produce goods or provide services in the UK- Tier 1 General / Tier 2 / Tier 5 Temporary Worker (depending on the circumstances of the applicant, existence or not of a UK sponsor, nature of the intended work, length of employment).
• Those intending to sell goods or services in the UK - Tier 1 General / Tier 2 / Tier 5 Temporary Worker (depending on the circumstances of the applicant, existence or not of a UK sponsor, nature of the intended work, length of employment).
• Consultants who are self-employed, other than those contracted abroad by an overseas firm with a UK subsidiary - Tier 1 General.
• Those offering training, unless such training involves products manufactured overseas, or is specific to the operation of a group of companies of which the UK firm is a member - Tier 1 General.

Tier 2

• Employees of overseas firms whose involvement with a UK subsidiary amounts to employment here - Tier 2 Intra-Company Transfer.
• Those undertaking productive work which could be undertaken by someone recruited from the local labour force or by an EEA national - Tier 2 General (but only if employment is either in an officially designated shortage occupation or has passed the Resident Labour Market Test (RMLT)).
• Those employed full-time on a salary as a director or participant in an archaeological dig.

Tier 5

• Sportspersons playing in a one-off match or tournament may qualify in a new visitor category, otherwise - Tier 5: Temporary Worker: Cultural and Sporting.
• Entertainers appearing in a concert or film and so on; Tier 5: Temporary Worker: Cultural and Sporting.