Temporary entry and stay for business purposes

What does the Trade Agreement say?

• Both sides have undertaken commitments with respect to:
  
  
  • Business visitors for establishment purposes
    
  • Contractual service suppliers
  • Independent professionals
  • Intra-corporate transferees
  • Short-term business visitors (STBVs)

• These commitments include abolishing quotas and economic needs tests to ensure visitors are not barred from performing cross-border services. 

• STBVs will not require a work permit provided their stay does not exceed 90 days in any six-month period and they are limiting work to permitted activities:
  • Business visitors will be permitted to attend meetings, negotiate contracts, carry out repairs and maintenance pursuant to a warranty, etc.
  • Other activity, however, such as making direct sales to the general public are not covered and here work permits may still be required. 

• The permissible length of stay for intra-corporate transferees is a period of up to three years for managers/specialists and one year for trainee employees.

How does this compare to what was expected?

The agreement is broadly in line with what was expected, though the UK has secured a more generous permitted stay when it comes to STBVs. The EU limited manager/specialists to a three-year, rather than the UK’s ask of a five-year stay.

What are the actions for business?

• Businesses should continue to take advice to ensure, even in cases where work permits are not required, other immigration formalities are adhered to.

• Although the agreement entitles business travellers to engage in a broad range of activities, businesses should ensure they understand what work falls outside the scope of the agreement and the additional immigration formalities which arise where this is the case.

• They should continue to track the number of days employees spend working cross border.

• They should continue to review the social security, payroll and employment tax obligations which may apply even where work visas are not required.
  

To discuss specific support with your Brexit preparations based on this latest development contact: Deloitte Brexit Insights.