BREXIT - Activities for which UK short-term business visitors do not need a work visa

In the Working Paper of January 20, 2021, the Council of Europe provides some clarifications regarding the EU-UK Trade and Cooperation Agreement.

With reference to "short-term business visitors", Member States are prevented from requesting a work permit (unless they have scheduled a reservation on this issue in Annex SERVIN-3) in respect of Business visitors for establishment purposes and Short-term business visitors (Article SERVIN 4.2(1)(a)(ii) and Article SERVIN 4.3(2).

The activities Short-term business visitors are permitted to engage in are:

1. Meetings and consultations: natural persons attending meetings or conferences, or engaged in consultations with business associates;

2. Research and design: technical, scientific and statistical researchers conducting independent research or research for a legal person of the Party of which the Short-term business visitor is a natural person;

3. Marketing research: market researchers and analysts conducting research or analysis for a legal person of the Party of which the Short-term business visitor is a natural person;

4. Training seminars: personnel of an enterprise who enter the territory being visited by the Short-term business visitor to receive training in techniques and work practices which are utilised by companies or organisations in the territory being visited by the Short-term business visitor, provided that the training received is confined to observation, familiarisation and classroom instruction only;

5. Trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting their company or its products or services;

6. Sales: representatives of a supplier of services or goods taking orders or negotiating the sale of services or goods or entering into agreements to sell services or goods for that supplier, but not delivering goods or supplying services themselves. Short-term business visitors shall not engage in making direct sales to the general public;

7. Purchasing: buyers purchasing goods or services for an enterprise, or management and supervisory personnel, engaging in a commercial transaction carried out in the territory of the Party of which the Short-term business visitor is a natural person;

8. After-sales or after-lease service: installers, repair and maintenance personnel and supervisors, possessing specialised knowledge essential to a seller's contractual obligation, supplying services or training workers to supply services pursuant to a warranty or other service contract incidental to the sale or lease of commercial or industrial equipment or machinery, including computer software, purchased or leased from a legal person of the Party of which the Short-term business visitor is a natural person throughout the duration of the warranty or service contract;

9. Commercial transactions: management and supervisory personnel and financial services personnel (including insurers, bankers and investment brokers) engaging in a commercial transaction for a legal person of the Party of which the Short-term business visitor is a natural person;

10. Tourism personnel: tour and travel agents, tour guides or tour operators attending or participating in conventions or accompanying a tour that has begun in the territory of the Party of which the Short-term business visitor is a natural person; and

11. Translation and interpretation: translators or interpreters supplying services as employees of a legal person of the Party of which the Short-term business visitor is a natural person.

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