Q&As

A UK company has engaged an EU manufacturer to undertake some specialist construction work. The EU manufacturer has engaged a subcontractor due to the specialist nature of the work. The EU citizens (who are employees of the subcontractor) will need to be in the UK for a number of months, possibly up to 12 months due to the nature of the work but will be travelling back to the EU to see family at various points. The EU citizens have not been to the UK before so they are not eligible for the EU Settlement Scheme or a frontier worker permit. Are there any routes available to enable the EU citizens to enter and work in the UK legally? Are there any risks to the UK company?

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Published on LexisPSL on 14/04/2021

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • A UK company has engaged an EU manufacturer to undertake some specialist construction work. The EU manufacturer has engaged a subcontractor due to the specialist nature of the work. The EU citizens (who are employees of the subcontractor) will need to be in the UK for a number of months, possibly up to 12 months due to the nature of the work but will be travelling back to the EU to see family at various points. The EU citizens have not been to the UK before so they are not eligible for the EU Settlement Scheme or a frontier worker permit. Are there any routes available to enable the EU citizens to enter and work in the UK legally? Are there any risks to the UK company?
  • Intra-Company routes
  • Skilled Worker
  • Visitor
  • T5 International Agreement Worker
  • Discussion
  • Are there any risks to the UK company?

A UK company has engaged an EU manufacturer to undertake some specialist construction work. The EU manufacturer has engaged a subcontractor due to the specialist nature of the work. The EU citizens (who are employees of the subcontractor) will need to be in the UK for a number of months, possibly up to 12 months due to the nature of the work but will be travelling back to the EU to see family at various points. The EU citizens have not been to the UK before so they are not eligible for the EU Settlement Scheme or a frontier worker permit. Are there any routes available to enable the EU citizens to enter and work in the UK legally? Are there any risks to the UK company?

For the purposes of this Q&A, we have not considered the provisions within the EU-UK Trade and Cooperation Agreement (TCA), as that is not directly enforceable, and it is for the UK to implement its provisions (to the extent not already implemented under the European Union (Future Relationship) Act 2020). For further information, see News Analysis: Implementing the TCA—business immigration implications.

As the EU citizen employees fall outside the scope of the EU Settlement Scheme, and do not qualify for a frontier worker permit, the following key immigration categories may be considered:

  1. Intra-Company

  2. Skilled Worker

  3. Visitor, and

  4. T5 International

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