Business visits to the UK now offer more flexibility
Published on 21st Feb 2024
Increased flexibility around what business visitors can do while in the UK could avoid the need for expensive work visas
The UK government announced changes on 7 December 2023 that are now in force and expand the activities that certain types of business visitors to the UK can undertake without requiring a specific work visa. This is a positive step and could be the first of several move that offer businesses more flexibility. What are the changes so far?
Intra corporate activities
Previously, individuals visiting a UK branch or subsidiary of the same group were able to advise and consult, troubleshoot, provide training and share skills and knowledge. But, these activities had to relate to a specific internal project by the group and did not allow for any direct work with clients.
Under the new rules, while the activities must still relate to a specific internal project, individuals may directly work with clients (subject to limited provisos).
Remote working
It is now explicitly clear that remote working while in the UK is permitted, as long as this is not the primary purpose of their visit and activities remain related to the employment overseas. Staff can now come on holiday to the UK and answer emails or calls without any risk.
Permitted paid engagements
Individuals may now visit the UK in many expanded capacities and receive payment for their work, up to a period of one month. One main expansion is that speakers at conferences can now be paid. Permitted paid engagements now also falls under the visitor rules as opposed to being a category in its own right.
Specific roles
Flight crew can, until October, work temporarily in the UK under the Civil Aviation Authority-approved "wet lease" agreement, provided the individual remains employed and paid overseas.
Scientists, academics and researchers may now take part in formal exchange arrangements with UK counterparts. They may also conduct formal research as part of their visit.
For lawyers, the list of permitted activities has been significantly expanded. This has become the guidance of a non-exhaustive list as opposed to specific prescribed activities, including the provision of advice (to any client), advocacy, acting as an arbitrator, mediator or expert witness, conferences, teaching, litigation and transactional work.
Osborne Clarke comment
These changes are welcome but, if the aim is to increase the productivity of the UK and help its businesses, we hope further changes are on the horizon. The government has hinted at further changes throughout the year, so we shall update on the changes as they arrive.
