Many UK employers occasionally need foreign staff to come over for short business visits. However, without a clear understanding of what visitors can and cannot do in the UK with regards to work, there’s a real risk of breaching immigration and right to work rules – and fines can be as high as £60,000 per worker.
For short-term business trips, the Standard Visitor Visa may be appropriate. But there are strict rules about what’s permitted, and businesses should be mindful of how these apply to their employees.
What is the visit visa?
A UK visit visa generally allows individuals to enter the UK for up to six months and carry out limited business activities. Some visitors (non-visa nationals) can simply request permission to enter the UK at the border rather than applying in advance. Visa nationals, however, are required to obtain entry clearance in advance if they wish to travel to the UK as a visitor, or for any other purpose of less than six months. You can check who falls in to this category here.
The visit visa does not provide a pathway to settlement in the UK, and each visitor must submit an individual application, even if travelling as part of a group.
Suitability requirements
Visit visas are subject to suitability requirements. Permission to enter will be refused where:
The visit is not considered conducive to the public good (e.g. criminal convictions, exclusion or deportation).
- False representations have been made
- The applicant has previously breached immigration laws
- Identity documents or other information are missing or unsatisfactory
- A medical inspector advises against entry due to a medical condition
- The applicant has outstanding litigation costs
- They intend to travel to another part of the Common Travel Area without permission to enter there.
Employers should ensure employees flag any of these potential issues before applying.
Eligibility requirements
Visit visas are also subject to eligibility requirements. To qualify, business visitors must show that:
- They will leave the UK at the end of their visit
- They are not trying to live in the UK for extended periods through frequent or successive visits
- They are coming for a genuine permitted purpose under the visitor visa
- They will not carry out any prohibited activities
- They will have sufficient funds to cover all reasonable costs in relation to their visit.
What business activities are permitted?
Generally speaking, visitors are not allowed to work whilst in the UK except for specific activities set out in an Appendix to the Immigration rules.
Examples of activities that can be carried out whilst in the UK as a visitor include:
- Attending meetings, conferences, seminars, or trade fairs (without selling goods or services)
- Negotiating and signing contracts
- Visiting sites or conducting inspections
- Giving unpaid talks or presentations
- Conducting market research
- Seeking investment or funding for a UK-based business (without managing or operating it).
The full list is available from Appendix Permitted Activities here.
What is prohibited?
Visitors are not allowed to undertake paid or unpaid work for a UK-based company, unless it is expressly allowed by the Immigration Rules.
Employers should be extremely careful about the planned activities for the trip and ensure there is no risk of the Immigration rules being breached by the visitor.
Illegal working in the UK carries the risk of a £60,000 fine for a business per worker. It is therefore imperative that everyone involved in the planned visit understands the limitations of the visit visa.
Other application considerations
In addition to demonstrating that the visit to the UK is for a permitted business purpose, applicants must also satisfy UKVI that they intend to leave the UK at the end of their stay.
The applicant must have sufficient funds to cover all reasonable expenses related to their visit, such as travel, accommodation, and living costs, without the need to work or access public funds during their stay. Third party support is allowed in limited specific circumstances.
When assessing the application, the Home Office will also consider:
- The applicant’s previous immigration history, both in the UK and other countries
- Their financial situation, along with their family, social, and economic background
- Their personal and economic ties to the UK
Concerns may arise if an applicant has limited family or economic connections to their home country but strong ties to the UK, such as having multiple family members living here. UKVI may also question applications where it appears the individual is trying to make a life in the UK through frequent or successive visits.
Before arranging business travel, employers should discuss any potential risk factors with the individual to help avoid refusal at the application stage or at the UK border.
Alternatively, a third party may cover visitor’s expenses, provided they have a genuine personal connection them.
Cost of the visa
Applicants who are required to, or choose to, apply for the visit visa will need to pay the application fee. Application fees are as follows:
- 6-month Standard Visitor Visa: £127
- 2-year multiple entry visa: £475
- 5-year multiple entry visa: £848
- 10-year multiple entry visa: £1,059
Visitors do not need to pay the immigration health surcharge.
If an individual does not need to apply for a visit visa in advance, they may instead need to apply for an electronic travel authorisation (ETA) costing £16. This confirms permission to travel to the UK but does not guarantee entry. Where there are concerns about whether an individual will be allowed to enter the UK, applying for a visit visa is often the safer route.
How can businesses prepare for a visit
Ahead of a planned trip, businesses should ensure:
- The purpose of the trip falls within permitted activities
- Ensure the visitor and UK team understand the limitations of the visit visa
- Prepare supporting documents in advance (e.g. proof of visit purpose, funding arrangements, return flights out of UK)
- Check for potential risk factors that might lead to visa refusal or refusal at the border.
