What the UK-EU trade deal means for business travel and immigration

Assessing the UK-EU Trade and Cooperation Agreement

As well as new actions that all UK travellers to the EU need to take, there are additional considerations for business travel. Business travel includes activities such as travelling for meetings and conferences. The Agreement sets out the types of activities that can be provided without work permits and visas as well as limits on the amount of time that can be spent in the EU visa-free, even for holidays.

A big disappointment of the Agreement is that it fails to provide a common standard that would allow businesses to adopt a lighter touch to EU and UK immigration. The nuances mean that ‘country-by-country’ understanding will be required which will be resource heavy for many businesses.  

This is particularly true for contractual service providers where the new rules are complex in the extreme. Member States set out their reservations (i.e., their ‘non conformity’ with or exceptions to the Agreement) in very disparate ways - for contractual service providers there are literally hundreds of reservations. In most cases, immigration applications will be required. 

Can UK nationals travel to the EU without a visa? 

That depends on the purpose of the trip. 

• Tourists do not need a visa for short trips to most EU countries, Iceland, Liechtenstein, Norway and Switzerland. They will be able to stay for up to 90 days in any 180-day period.
• Business visitors to the EU, Switzerland, Norway, Iceland or Liechtenstein for less than 90 days in a 180-day period, may be able to do some activities without getting a visa or work permit, for example going to a business meeting.
• If traveling to take up work, UK nationals will typically require a residence and/or work permit in advance of travel.  
• All visits, business or otherwise subject to any pandemic travel restrictions.  

UK nationals will be subject to scrutiny as to the purpose of their trip. If a border officer considers that they are travelling for a reason not permitted as a visitor, they can refuse entry.

However, these current arrangements may not be permanent. The UK and EU have committed to give each other notice in good time (at least three months) of a decision to require the other’s nationals to obtain a visa prior to travel. The UK has committed to treat the EU as one bloc for future decisions on whether EU nationals will require a visa for visits to the UK. 

Have the EU and UK agreed what types of activities business visitors can perform? 
The following are specified in the Agreement as permitted business visit activities that do not require a visa or work permit (so long as they meet the definitions given of the activity in the Agreement):

• Meetings and consultations
• Research and design
• Marketing research 
• Training seminars
• Trade fairs and exhibitions
• Sales
• Purchasing 
• After-sales or after-lease service
• Commercial transactions
• Tourism personnel
• Translation and interpretation 

However, many Member States have expressed reservations to these activities in the Agreement. This makes it impossible to rely on the Agreement as providing blanket permission across the EU. 

Member States retain the ability to offer more favourable rules (as many do) and the fact that an activity is not listed in the Agreement does not mean that activity is not permitted by every Member State. The ability to conduct the agreed activities will require a Member State-by-Member State assessment in many if not all cases - there are close to 30 reservations by Member States in respect of the above activities in the Agreement. 

The UK has made no reservations and in fact the UK has preferable business visitor rules  in place for all nationals above those in this Agreement in any event, that cover e.g., remote work as an ancillary activity.   

What about contractual service providers and independent professionals?

The EU and UK have agreed to allow the supply of services by contractual service suppliers (CSS) or independent professionals (IP) of the other party through the presence of natural persons for the sectors listed in the Agreement, of which there are 37 sectors listed for CSS and 17 for IP. There are however several hundreds of reservations set out in the Agreement.  

Does any of this impact movement into / from Ireland?

No, neither the Common Travel Area nor the mutual rights of UK and Irish nationals are impacted.

Has the deal impacted deadlines for those EU/UK nationals resident in the UK/EU by 1 January 2021? 

No, not of itself. These rights are protected in the Withdrawal Agreement. However, the Agreement may favourably impact some of the timelines set out for applications by each Member State (some of which had planned separate application deadlines in a ‘no deal’ scenario). In most cases, the cut off to qualify for protection under the Withdrawal Agreement was 11pm UK time, 31 December 2020; and the cut off to apply is 30 June 2021 – but there are variations across Member States.