Under the UK’s current visitor rules, where a UK company purchases or leases equipment or computer hardware or software from a foreign manufacturer or supplier, employees of the foreign company can visit the UK to install, dismantle, repair, service or advise on the equipment provided.
This rule has been a particular godsend for UK companies who have purchased or leased contracts with European manufacturers or suppliers and require hands-on installation or servicing. Before Brexit the European workforce of such companies could travel freely to and fro to the UK to install equipment or provide after-sales services.
The visitor rules preserved some of that flexibility, as the European employees of such companies have still been able to travel to the UK post Brexit under the visitor rules without any requirement to apply for a visa – meaning minimal cost, delay or bureaucracy.
However, the current rules have not allowed for the common situation where equipment is provided by one overseas company, but the servicing, repair or installation is delivered by another company, irrespective of whether or not the ongoing service was organised through the manufacturer as part of the agreement. This has caused huge frustration to foreign suppliers and manufacturers and their UK customers.
Fortunately, from 6th October 2021 the UK’s immigration rules for visitors will change to allow such arrangements. Under the new rules, where there is a contract of supply/lease between a UK and overseas company, not only will the employees of foreign manufacturers/suppliers be permitted to visit the UK, but also the employees of any overseas company that is part of a contractual arrangement for after sales services agreed at the time of the sale or lease.
The change of the rules also allows such employees to visit the UK not only to install, repair, service or advise on machinery, equipment, software or hardware, but also to train up UK-based employees to provide these services.
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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