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VAT11.9 Who cannot be accepted as a business visitor?

An important question to ask is whether there is evidence of a business to business link between the applicant and the UK entity. Examples:



  1. An applicant who works for a multi-national company wishes to undertake training in the UK. She has enrolled on a training course provided by a private company that has no links with her overseas company. Her company has not hired the UK college's premises for company training and she is not engaging with the training provider to develop a relationship between her company and the UK entity. Importantly, she is not coming to do in-house training and the course is not mandatory or required for all staff. This applicant is not a business visitor. She is coming to undertake a course of study or training course and will therefore need to meet the student or student visitor rules.

  2. An overseas student is looking to come to the UK to do work experience in a multi-national company. He doesn't meet the requirements of PBS tier 2 or 5 and therefore seeks entry as a business visitor based on the fact that he will not be paid in the UK. He cannot be considered under paragraph 46G as he is not employed by a company overseas that is looking to do or develop business with a UK company. Importantly, any paid or unpaid work is not permitted. Work placements and internships fall under PBS tier 2, 4 and 5.

The following are employment related applications and may not be considered as business visitors.  They should be considered under the Points Based System (PBS)

Tier 1

  • Those intending to set up a business in the UK - T1 Entrepreneur.
  • Those intending to produce goods or provide services in the UK- Tier 1 General / Tier 2 / Tier 5 Temporary Worker (depending on the circumstances of the applicant, existence or not of a UK sponsor, nature of the intended work, length of employment).
  • Those intending to sell goods or services in the UK- Tier 1 General / Tier 2 / Tier 5 Temporary Worker (depending on the circumstances of the applicant, existence or not of a UK sponsor, nature of the intended work, length of employment).
  • Consultants who are self-employed, other than those contracted abroad by an overseas firm with a UK subsidiary- Tier 1 General.
  • Those offering training, unless such training involves products manufactured overseas, or is specific to the operation of a group of companies of which the UK firm is a member -  Tier 1 General.

Tier 2

  • Employees of overseas firms whose involvement with a UK subsidiary amounts to employment here – Tier 2 Intra-Company Transfer.
  • Those undertaking productive work which could be undertaken by someone recruited from the local labour force or by an EEA national -  Tier 2 General (but only if employment is either in an officially designated shortage occupation or has passed the Resident Labour Market Test(RMLT)).
  • Those employed full-time on a salary as a director or participant in an archaeological dig.

Tier 5

  • Sportspersons playing in a one-off match or tournament may qualify in a new visitor category, otherwise - Tier 5: Temporary Worker: Cultural & Sporting.
  • Entertainers appearing in a concert or film etc; Tier 5: Temporary Worker: Cultural & Sporting.

 

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