Understand Permitted Activity Rule 7 and unlock your business opportunities.

The short answer is: you don’t always need a visa. However, if you misapply the law, you may face serious legal and business consequences. This is why you have to understand when you can take advantage of so called “Permitted Activities for Visitors”, and when you have to secure an appropriate visa before committing yourself to a project in the UK.

Manufacture and supply of services to the UK

Permitted Activity Rule 7 delineates the activities permissible for workers or employees of overseas companies (for example, Polish or Romanian businesses) when engaging in technical services within the UK. The rule states that 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.

However, the applicability of these activities is contingent upon certain conditions being met, namely:

• There must be a contract of purchase, supply, or lease with a UK company or organisation, and
• The overseas company must either be the manufacturer or supplier of the machinery, equipment, software, or hardware, or part of a contractual arrangement for after-sales services agreed at the time of sale or lease.

Compliance and Documentation

For overseas companies seeking to engage in activities permitted under Rule 7, compliance with immigration regulations is paramount. This entails:

• Ensuring that the proposed activities fall within the scope outlined in the rule. If they don’t, consider making an application for a visa in the UK instead.  
• Documenting the contractual relationship between the overseas company and the UK entity, including evidence of purchase, supply, or lease agreements. This is where you should have a closer look at your contract. Is the role of your business and employees clearly outlined in the contract? You should know that Border Force may want to examine the papers before deciding whether to allow your employee to enter the UK.
• Providing proof of the employee’s role within the overseas company and their expertise in the relevant technical field. The employee must stay on payroll of the overseas business when providing service in the UK. It should be clear the worker came for a short period of time to do the job and leave the UK immediately after that.

Conclusion

If you run an overseas company and want to engage in a project in the UK, Permitted Activity Rule 7 may serve a viable solution for you. However, you must ensure that arrangements fall within the scope of regulation. The rule cannot be utilised to circumvent legal obligations.

Our UK lawyers can guide you through the process by:

• Providing you with a legal advice tailored to your needs
• Drafting and reviewing contracts to ensure your interest is protected
• Preparing relevant paperwork for your employees to minimise risk of them being rejected entry the UK
• Assisting you with ongoing “on call” advice when your employees will be crossing the UK border
• Supporting you throughout the duration of the project in the UK.

Author: Alicja Bielawska, Trainee Solicitor at IMD Corporate

To find out more about our services, visit Business Immigration section of our website.

Call us now to discuss your case 0333 034 9474 or email us at business@imd.co.uk.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.