Eligibility criteria for a General Business Visitor visa

A business visitor is someone who works abroad, but who intends to visit the UK for short periods of time in order to do business on their own or their employer’s behalf. If you plan to travel to the UK for business reasons, the maximum permitted stay you can apply for is up to 6 months. If you want to stay longer, you must seek leave to enter for work under the point-based system.

Categories of General Business Visitors

The following categories of visitors qualify as General Business Visitors: board-level directors; advisers, consultants, trainers or trouble shooters; doctors undertaking clinical attachments, dentists undertaking clinical observer posts; visiting professors accompanying students undertaking study abroad programmes; film crews on location shoots; representatives of overseas media gathering information for their publication; secondees from overseas companies; religious workers undertaking preaching or pastoral work; interpreters and translators; lorry drivers and coach drivers; tour group couriers; persons undertaking specific, one-off training in techniques and work practices used in the UK.

They will need to apply for leave to enter on Application Form VAF1C. http://www.ukvisas.gov.uk/resources/en/docs/1903073/VAF1C

Other categories of visitors coming for business will need to apply under a separate application form: academic visitors, sports visitors, entertainer visitors.

Eligibility criteria for a General Business Visitor visa

As well as the normal requirements for visit visas, to come to the UK under this category, you must show that:
• you are based abroad and have no intention of transferring your base to the UK, even temporarily;
• you do not intend to sell goods or services;
• you receive your salary from abroad, although you are allowed to receive reasonable expenses to cover your cost of travel and subsistence.
You must also show that you plan to do one or more of the following activities, which include:
• attending single meetings, interviews, briefings, seminars or conferences;
• arranging deals or negotiating or signing trade agreements or contracts;
• undertaking fact finding missions or conducting site visits;
• shooting films on locations;
• delivering goods and passengers from abroad;
• interpreting or translating for visiting business persons;
• installing, dismantling, servicing, repairing or advising and in general implementing parts of a contract between an overseas and UK company.

These activities are permissible only provided:

• they were arranged before coming to the UK;
• they are one-off engagements or jobs and not established commercial events;
• they do not qualify as consultancy work for which entry under the points-based system would be required;
• the visitor is employed by an overseas company or institution and not employed by the UK company;
• the visitor’s base is overseas and they are not filling a normal post or a genuine vacancy in the UK.

As supporting documents, you should provide:

• Evidence of who invited you to the UK
• Evidence of any previous dealings with the UK company that you are visiting
• Details of any hotel/flight bookings etc

By Federica Gaida,
Foreigners in UK

Edited by Raheela Hussain,
Principal Solicitor,
Greenfields Solicitors
www.greenfieldssolicitors.com

* Please note that the above article does not relate to nationals of the European Union.
 
Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. Information is offered for general information purposes only, based on the current law when the information was first published.

You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor:
Tel. +44 (0)20 8884 1166
E-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it

What the Immigration Judge will look at before deciding to grant bail

When an individual is detained because they have breached the Immigration Rules or laws, they may be sent to an Immigration detention centre to be held by the Immigration authorities. The Immigration authorities will be from the UK Border Agency (UKBA), who act on behalf of the Home Office.

UKBA will usually detain the individual with the aim of removing them from the UK to their home country, if they can ascertain that the individual has no lawful right to remain in the UK. Often, immigration will detain individuals who are illegal entrants, overstayers or individuals whose visa has expired. People who are the subject of a criminal court recommendation for deportation can also be detained at specific stages of the deportation procedure.

Once an individual is detained, they may feel that they have grounds to be released from detention. Grounds for release would include being reunited where an individual has family members in the UK who may have permanent legal status or are British citizens, where an individual has an immigration or asylum application pending at the Home Office or where they believe they wish to make an application to regularise their legal status whilst in detention.

Process for applying for release from detention

The first step for an individual to try and obtain release would be to ask the Chief Immigration Officer at the detention centre to issue them with Temporary Admission.

The idea behind Temporary Admission is that it can be granted while an applicant is waiting for some immigration action, decision or procedure to be completed. Temporary Admission is an alternative to detention and can be granted where there is a power to detain. The individual would need to make representations to the Chief Immigration Officer arguing why they should be released and provide any documents which they feel helpful for the Chief Immigration Officer to make a decision.

In the event that the Chief Immigration Officer refuses bail, then the individual can apply to make a Bail Application before an Immigration Judge. A bail application is a legal procedure available to any person who has been detained by the UKBA in a removal centre for seven days or more.

It is an application to a court for release, usually under certain conditions.   When a detainee makes an application for bail they are brought to an immigration court (the Immigration and Asylum Chamber of the First Tier Tribunal) where an independent Immigration Judge makes a decision on whether detention should be maintained. The case may be presented by a legal representative and will generally be opposed by a Home Office Presenting Officer.  Many detainees who can’t find a lawyer have to represent themselves in bail hearings. If bail is refused, the detainee has the right to apply for bail again after 28 days unless their circumstances have changed, in which case they can apply sooner.

If bail is granted there will normally be certain conditions attached.  For example, the individual and their sureties (if they have any) may have to offer an amount of money considered proportionate to their financial means, an amount that would be surrendered if the detainee absconded. The Immigration Judge will require certain requirements to be observed on release: for example the detainee would have to live at a specified address, and report to a UKBA office or a police station at regular intervals.  Electronic monitoring may also be a requirement.

The Immigration Judge will look at the following factors before deciding to grant bail

• Whether the individual has previously breached any temporary admission or bail conditions
• Whether the person has any criminal convictions
• Whether there are lack of personal ties to the UK such as no fixed address, no family, unemployed...
• Whether there are any immigration outstanding applications that would entice the individual to remain in contact with the Home Office
• Whether there are suitable sureties available
• Will an individual abscond?
• Is a removal imminent?

Sureties

When a bail application is made before an Immigration Judge, it is important that there are “sureties” available. A surety is someone who is willing to put down a recognisance (monies) to help secure bail for an individual.

To qualify as a surety, a person

• should ideally be close to the detainee, such as a family member, partner, or good friend to show they have influence over the detainee;
• must have lawful legal residence in the UK albeit temporary or permanent legal status;
• must be over the age of 18;
• should be in employment and earning regular income with evidence that they have savings available: they will need to provide three months bank statements or pay slips;
• make a promise to the court that they will forfeit their recognisance if the detainee fails to comply with the bail conditions imposed.

Appeal Rights

The right of appeal is not granted in all cases. However, where a decision is made by UKBA to remove an individual from the UK, and where an individual has raised a human rights claim, an in-country right of appeal will be given for the individual to argue their case before an Immigration Judge on why they should not be removed from the UK and allowed to remain.

Many arguments will centre on human rights claims such as under article 8, which provides the right for private and family life and ultimately will provide the individual the optimum chance to argue why they should be allowed to remain in the UK.

Many detainees who make bail applications are not represented by solicitors, but it is preferable that legal advice and representation is sought so as to ensure the very best chance of obtaining bail as early on as possible.

By Raheela Hussain,
Principal Solicitor,
Greenfields Solicitors,
www.greenfieldssolicitors.com

* Please note that the above article does not relate to nationals of the European Union.
 
Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. Information is offered for general information purposes only, based on the current law when the information was first published.

You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor:
Tel. +44 (0)20 8884 1166
E-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Your rights, prohibitions and obligations once in the country

This guide illustrates how you can apply to enter the United Kingdom as a visitor and describes your rights, prohibitions and obligations once in the country.

If you plan to travel to the United Kingdom for a short length of time, you will need to apply before departure for a Visit Visa at a British visa application centre in the country where you live.

Probably the most popular visit visas are general, family and business visas. However, there is a whole array of visit visas you might fit into. This guide will allow you to choose the one that best fits your circumstances.
The majority of visit visa applications are decided upon within 4 weeks from the date of application, thus do submit your application in due time to allow for a timely response.

Once granted a visit visa, you will be allowed to stay for up to 6 months (in most cases). However, you might be granted a shorter time. The exact length of your permission to enter will be stamped in your passport.

If you frequently visit the United Kingdom, you can apply for a multiple-entry visitor visa that is valid for 2, 5 or 10 years.

You are entitled to request an extension of your visa if you want to stay longer in the UK, but, if approved, this will in any case be only for up to the maximum total time provided for a visit visa.

Requirements to successfully apply for a visit visa

To come to the UK as a visitor, you must be able to show that:
- you want to visit the UK for no more than 6 months; and
-  you can support and pay for accommodation for yourself and any dependants in the UK, without help from public funds; or
- ensure that you and your dependants will be supported and accommodated by relatives or friends, and will not take employment; and
- you intend to leave the UK at the end of your visit; and
- you can meet the cost of the return or onward journey

Supporting documents

Applying for a visit visa may seem relatively straightforward, but the statistics on the number of visa refusals show otherwise. Please pay extra attention to the documents you attach to support your application.

To support your application, you will need to produce the following documents:
1. a letter from you addressed to the Entry Clearance Officer (ECO) detailing why you wish to visit the UK, for how long and the reasons for the visit, including why you will not remain longer than the visit visa duration if granted a visa to the UK;
2. evidence of occupation:
a. if you are employed, a letter from your employer granting leave of absence from your job for a specified period - the letter should also say how long you have been employed by that employer, in what job(s), and when you are expected back at work;
b. if you are self-employed, evidence of your business activities and financial standing;
c. if you are a student, a letter from your school or college stating the course you are on, its start and finish dates, and the dates of the holiday period when you intend to visit the United Kingdom;
3. evidence of your total monthly income from all sources of employment or occupation after tax;
4. evidence of any income from other sources e.g. friends, family, savings, property etc…;
5. bank statements going back over a period of several months;
6. evidence of any family or social ties and responsibilities to return to (a table showing all relatives in your home country, including the names, their relationship to you and their address)
7. evidence of your travel plans, such as: a planned itinerary, details of any hotel/flight bookings, if attending a wedding or event, an invitation card or ticket.
If your trip is being funded by a sponsor, you will need to provide:
8. an invitation letter from your Sponsor stating that he/she will undertake the cost of your flight, maintenance and accommodation during your stay in the UK
9. your Sponsor’s most recent 3-6 month bank statements
10. your Sponsor’s most recent 3-6 month wage slips/Accountant’s report
11. a copy of your sponsor’s employment contract
12. Evidence of your sponsor’s accommodation where you intend to stay: his most recent mortgage statement and photographs of the property

Business visitors

A business visitor is someone who works abroad, but who intends to visit the UK for short periods of time in order to do business on their own or their employer’s behalf.

If you plan to travel to the UK for business reasons, the maximum permitted stay you can apply is up to 6 months; up to 12 months if you are an academic visitor.

To stay longer, you will need to apply for a work visa.

Multiple entry visas are available for business visitors for 6 months, and 1, 2, 5 and 10 years.

Examples of business visitors

Examples of business visitors are: board-level directors; advisers, consultants, trainers or trouble shooters; academic visitors; doctors or dentists coming for observation; visiting professors; film crews on location shoots; representatives of overseas media gathering information for their publication; secondees from overseas companies; religious workers undertaking preaching or pastoral work; interpreters and translators; lorry drivers and coach drivers; tour group couriers; persons undertaking specific, one-off training in techniques and work practices used in the UK.

Requirements to successfully apply for a business visitor visa

As well as the normal requirements for visit visas (Requirements to successfully apply for a visit visa), to come to the UK under this category, you must show that:
- you are based abroad and have no intention of transferring your base to the UK, even temporarily;
- you do not intend to charge members of the public for services provided or goods received;
- you receive your salary from abroad, although you are allowed to receive reasonable expenses to cover your cost of travel and subsistence.

You must also show that you plan to do one or more of the following activities, which include:
- attending single meetings, interviews, briefings, seminars or conferences;
- arranging deals or negotiating or signing trade agreements or contracts;
- undertaking fact finding missions or conducting site visits;
- shooting films on locations;
- delivering goods and passengers from abroad;
- interpreting or translating for visiting business persons;
- installing, dismantling, servicing, repairing or advising and in general implementing parts of a contract between an overseas and UK company.

These activities are permissible only provided:

- they were arranged before coming to the UK;
- they are one-off engagements or jobs and not established commercial events;
- they do not qualify as consultancy work for which entry under the points-based system would be required;
- the visitor is employed by an overseas company or institution and not employed by the UK company;
- the visitor’s base is overseas and they are not filling a normal post or a genuine vacancy in the UK.

Academic Visitors

Academic visitors are allowed to stay in the UK for up to 12 months.
An academic visitor is either:
- A person on leave from an overseas academic institution who wishes to carry out their own private research or exchange information on research techniques;
- Academics (including doctors) taking part in arranged exchanges;
- Eminent senior doctors and dentists, coming to take part in research, teaching or clinical practice.

They should be able to produce evidence that they have been working as an academic in an institution of higher education overseas, or in the field of their academic expertise immediately prior to seeking entry or entry clearance in this category.

Your application as academic visitor is likely to be turned down if you are a:
- recent graduate: you are unlikely to have sufficient expertise
- postgraduate researcher: if you are studying to achieve a UK academic qualification you should apply for a student visa; if you receive a grant to undertake research, you should seek entry under Tier 2.
- lecturer: if you plan to undertake a series of lectures, of commercial nature, you should seek entry under Tier 2; if it is a one-off engagement, apply for a mainstream business visitor visa
- sponsored researchers: you should seek entry under Tier 5 – Government Authorised Exchange

Those who are on sabbatical leave from private research companies are not eligible for leave under the academic visitor provisions.

Dependants

If you are coming to the UK as a business visitor, your dependants can also come for up to 6 months, provided they apply for entry clearance.Your dependants are a wife, husband, civil partner, same sex partner, unmarried partner and child under the age of 18 years old.

Number of visits

Generally, there is no restriction on the number of visits you may make nor is there any requirement that a specified time must elapse between each visits.

However, Entry Clearance Officers may consider the stated purpose of the visit in the light of the length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more than 6 out of any 12 months in the UK.

Occasionally, a business visitor may be required to stay for a period of weeks or even months (for example, where machinery is being installed or faults being diagnosed and corrected). However, the ECO should be satisfied that a person’s presence in the UK on business for more than 6 out of any 12 months does not mean that they are basing themselves in the UK and taking up a specific post which constitutes employment and would therefore require the individual to seek entry under the points-based system.

Extension of leave as a business visitor

The maximum time that you can spend in the UK at any one time as a business visitor is six months - unless you are an academic visitor. 

If you want to stay longer, you must seek leave to enter for work under the points-based system.

Visa Refusal: right of appeal for business visitors

Business visitor visas do not attract a full right of appeal. If your application is refused, the entry clearance officer or the immigration officer will tell you and you will be given a detailed written refusal notice. This will tell you if and how you can appeal.

By Federica Gaida

*Please note that the above article does not relate to nationals of the European Union.
 
Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. Information is offered for general information purposes only, based on the current law when the information was first published.

You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor:
Tel. +44 (0)20 8884 1166
E-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Know how much you can buy without paying import duty or VAT

If you are planning an overseas holiday in the New Year or spending your money buying goods online from non-EU websites, you need to know how much you can buy without paying import duty or VAT.

HM Revenue & Customs (HMRC) Head of Customs Policy, Mike Coussins, said: “With the New Year sales in full swing, HMRC are keen to remind the general public how much they can bring back from abroad or buy from an overseas website without having to pay import duty or VAT.

“You don’t want to be faced with unexpected extra charges, when you thought you had found a bargain.”

Travellers arriving in the UK by commercial sea or air transport from a non-EU country can bring in up to £390 worth of goods for personal use without paying customs duty or VAT (excluding tobacco and alcohol, which have separate allowances, and fuel). People arriving by other means, including by private plane or boat for pleasure purposes, can bring in goods up to the value of £270.

Should you buy goods over the internet or by mail order from outside the EU, you will have to pay VAT if the value of the package is over £18. If over £135, customs duty may also be due, although this will depend on what the goods are and where they have been sent from. Where, however, the actual amount of duty due is less than £9, this will not be charged.

If someone sends you a gift in the post from outside the EU, import VAT will only be due if the package is valued at over £40. To qualify as a gift, the item must be sent from one private individual to another, with no money changing hands.

Please note that excise duty is always due on all alcohol and tobacco products purchased online or by mail order.

If you are thinking of going across the Channel to replenish beers, wines, spirits or tobacco products, there are no limits on the amounts of duty and tax paid goods you can bring back personally from another EU country, as long as they are for your own use and not sold on. You may, however, be asked questions at the UK frontier if you have more than 110 litres of beer, 90 litres of wine, 10 litres of spirits and/or 20 litres of fortified wines, 3,200 cigarettes, 200 cigars, 400 cigarillos or 3kg of tobacco. This is to confirm that these are genuinely for your own use.

The duty-free limits for imports of alcohol and tobacco products from outside the EU are:

Alcohol allowances

You can bring in either, but not both, of the following:
- 1 litre of spirits or strong liqueurs over 22 per cent volume.
- 2 litres of fortified wine (such as port or sherry), sparkling wine or any other alcoholic drink that's less than 22 per cent volume.

Or you can combine these allowances. For example, if you bring in one litre of fortified wine (half your full allowance) you can also bring in half a litre of spirits (half your full allowance). This would make up your full allowance. You can't go over your total alcohol allowance.

In addition you may also bring back both of the following:
- 16 litres of beer
- 4 litres of still wine

Tobacco allowances

You can bring in one from the following list:
- 200 cigarettes
- 100 cigarillos
- 50 cigars
- 250g of tobacco

Or you can combine these allowances. For example, if you bring in 100 cigarettes (half your full allowance) you can also bring in 25 cigars (half your full allowance). This would make up your full tobacco allowance. You can’t go over your total tobacco allowance.

You cannot combine alcohol and tobacco allowances.

When travelling to the UK from outside the EU, if you bring in any single item worth more than the £390 goods allowance, you must pay duty and/or tax on the full item value, not just the value above the allowance. You also cannot group individual allowances together to bring in an item worth more than the limit.

Detailed information on the non-EU limits for alcohol and tobacco products can be found on HMRC’s website at http://www.hmrc.gov.uk/customs/arriving/arrivingnoneu.htm

Further information on postal imports and travellers allowances can be found at: http://www.hmrc.gov.uk/customs/index.htm