Работа до 6 месяцев по гостевой визе теперь возможно в некоторых случаях

[British Lawyer]

06 October 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> Immigration Rule PA 7: short-term work on a visit visa is now possible

Legal route to employ foreign nationals in the UK without the Home Office sponsorship license

For some UK businesses, rather than investing in a Home Office sponsor licence (fees of ££££), the solution may in fact lie in the UK’s visit visa rules.

That starting point is, however, qualified by the permitted activities for visitors, some of which are work-related.

Hidden deep in the permitted activities is a seldom-used rule called PA 7. It permits an employee of a foreign manufacturer or supplier of goods to work in the UK on a standard visit visa in order to fulfil a contract of purchase, supply or lease. But the way the rule was drafted up to now, it only helped if there was a two-party relationship. What if specialist labour for installation is supplied by a third party?

As of 6 October 2021, PA 7 has been amended. It now reads as follows:

    "An employee of an overseas company may install, dismantle, repair, service or advise on machinery, equipment, computer software or hardware (or train UK based workers to provide these services) where there is a contract of purchase, supply or lease with a UK company or organisation and either:

    (a) the overseas company is the manufacturer or supplier; or

    (b) the overseas company is part of a contractual arrangement for after sales services agreed at the time of the sale or lease, including in a warranty or other service contract incidental to the sale or lease."

The addition of part (b) expressly opens up work on a visit visa to three-way contracts where one foreign company manufactures or supplies the goods or equipment, and a separate foreign company provides the specialist labour to install it.

To take advantage of this, the third party installer must specifically be written into the contract for after-sales service agreed at the time of sale.

Example

AAAAA GmbH is a German company that manufactures warehouses. A Greek company, BBBBB AE, specialises in the installation of those warehouses.

CCCCC Ltd, a British company, purchases a warehouse from AAAAA and agrees at the time of purchase that BBBBB will install it. Employees of both AAAAA and BBBBB may enter the UK as visitors for up to six months to carry out the installation work, or subsequent repair/servicing, for CCCCC and then leave the UK when the work is complete.

As this is a new rule, the Home Office will likely issue guidance on its interpretation in due course. Taking the revised wording at face value, though, it is a simple change with a potentially big impact: foreign workers can undertake certain projects for UK companies without having to be sponsored or directly employed.

 

Изменено 6 октября, 2021 пользователем British Lawyer