Applying For A Business Visa

Who can fit into this immigration category?

• Applicants wishing to be admitted to the UK as business visitors will be allowed to stay here for no more than six months (other than “Academic Visitors” who can stay for a maximum of twelve months).
• As with all types of visitor, the business visitor must intend to leave the UK at the end of the visit, and must not intend to stay here or make frequent repeated visits (except in certain limited circumstances).
• The business visitor must not have the intention to produce goods or provide services in the Uk direct to the public, or to study. The applicant must be able to maintain and accommodate himself adequately, without taking employment.

Permitted Activities

• Business visitors are allowed to attend meetings, conferences and interviews that were arranged before they came to the UK. If the Business Visitor is a Board level Director, they can attend board meetings so long as the UK company does not employ them.
• The business visitor can promote the company at trade fairs, but must not sell to members of the public direct.
• They could be a “secondee” to a UK company which has a contract to provide goods or services to an overseas company, in order to facilitate the performance of that contract. The UK company must be the party contracted to provide goods and services to the overseas company in such cases and the business visitor must be employed and paid by the overseas company only. The companies must not be related business entities if a secondee is to be a business visitor in these circumstances.
• Business visitors can also arrange business deals, or negotiate and sign contracts. They can carry out fact-finding missions and conduct site visits. They can also represent overseas manufacturers by being briefed in the UK by a customer here, but this must not extend to actually producing a detailed assessment of the UK customer’s requirements.
• The business visitor could also be an advisor or consultant to the UK branch of their own overseas company, provided that they are employed and paid by the overseas company only, and do not have direct contact with clients.
• A business visitor is also permitted to act as an interpreter for other business visitors, if all are members of the same group from the same overseas company.
• Business visitors may also be permitted to provide some types of training.
• Members of overseas film crews (eg actors, producers, directors or technicians) can be business visitors in the UK to film on location. They can also represent overseas news media (eg journalists/cameramen) if they are gathering material for an overseas media publication.
• Certain religious workers may be permitted to come to the UK in the business visitor category.

Possible Pitfalls

If applicants enter the UK in the Business Visitor category and undertake work activities in excess of those permitted, eg by producing goods or services direct to the public, they will be in breach of their conditions of stay and may face re-entry bans in the future. Their employer could face sanctions for breaching the legislation relating to illegal working. The penalties for illegal working include the possibility of incurring a “civil penalty fine”, which can be levied in amounts of up to £10,000 per each illegal worker found at a business premises.

We therefore recommend that you seek advice if you are in any doubt about the range of “permitted activities” you can undertake as a business visitor.

You can contact us by telephone on 0207-625-5590 or by e-mail to  mleate@jdspicer.co.uk. We offer reasonable fixed rates and a free initial consultation to all enquirers.