Assessing Travel and Visa Obligations

Whether you can travel lawfully as a business visitor or require work authorization depends on the types of activities you will be conducting during your time in the United Kingdom. In case you are unsure if your activities constitute business or work, please seek advice from your immigration counsel.

Traveling for Business

What sorts of activities can I pursue as a business visitor?

Business visitors traveling to the UK may engage in the activities below. This list is not comprehensive, and other activities may qualify as business.

• Attend business meetings
• Explore potential markets or suppliers
• Develop professional business contacts
• Negotiate contracts
• Carry out fact-finding missions

If I qualify as a business visitor, do I need a visa for the United Kingdom?

Nationals of the European Union, United States and many other select nationals do not require a visa to enter the UK to conduct business activities, and are eligible for a visa waiver. If your nationality is not found on the list of visa-waivered nationals, you are required to obtain a Standard Visitor Visa before travel.

Working in the United Kingdom

What sorts of activities require a work visa?

The activities below, whether paid or unpaid, generally constitute work under UK law. This list is not comprehensive and many other professional activities are considered work in the UK, even if conducted for a short duration.

• Hands-on technical work
• Project planning and implementation
• Backfill for current employees

If I am traveling to the UK for work, what type of work visa do I need?

The type of work visa required depends on your qualifications, whether your employer has an entity in the UK, and the nature and duration of your work. In the UK, work visas are broken down into five tiers of a Points Based System (PBS), with each containing several categories and subcategories. The most common UK work visas are:

• Tier 2 (Skilled workers with a Certificate of Sponsorship)
• Tier 4 (Students)
• Tier 5 (Interns and trainees)

Are there any nationals who are exempt from work visa requirements?

Citizens of countries of the EU, European Economic Area, and Switzerland do not require work authorization for the United Kingdom. However, registrations or other formalities may be required in certain cases before these nationals can work or reside in the UK.

What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection or work authorization entail careful consideration of many factors. BAL recommends that you consult with your immigration counsel before taking any course of action.

Copyright © 2016 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.