International engineering and manufacturing businesses frequently need to send specialist employees to the United Kingdom to install equipment, undertake repairs, commission machinery or provide technical assistance.
For businesses based in Ireland, the European Union and further afield, an important question arises: can engineers undertake these activities as business visitors, or do they require a UK work visa?
The answer depends on the precise nature of the assignment and the contractual arrangements governing the work.
What does the UK Visitor route permit?
Under paragraph PA 7 of Appendix Visitor: Permitted Activities, employees of overseas companies may undertake certain activities involving machinery, equipment, computer software and hardware.
These activities can include installation, dismantling, repair, servicing and providing technical guidance.
However, the permission is subject to specific conditions.
There must be a contract for the purchase, supply or lease of the relevant goods with a UK company or organisation.
In addition, the overseas employer must either be the manufacturer or supplier, or be part of a qualifying contractual arrangement for after-sales services agreed at the time of sale or lease.
This may include warranty arrangements or other service contracts incidental to the original transaction.
Example: Installing manufacturing equipment in the UK
An Irish engineering company manufactures specialist equipment which it sells to a UK manufacturing business.
The contract provides for the Irish company to send engineers to install and commission the machinery.
In principle, these activities may fall within the permitted visitor provisions, provided the relevant requirements are satisfied.
The position may be different where an overseas engineering company has simply been contracted to undertake installation work on equipment supplied by an unrelated third party.
In those circumstances, the PA 7 provisions may not apply, and a work immigration route may be necessary.
What about maintenance and repair work?
The Visitor Rules can also permit qualifying repair and servicing activities.
However, businesses should distinguish between after-sales services connected to the original purchase or lease and separate maintenance contracts entered into subsequently.
The contractual history can be particularly important in determining whether the activities fall within PA 7.
Employers should therefore retain the original purchase or supply agreement, relevant warranty documentation and details of the proposed assignment.
A general statement that an employee is travelling for technical support will not necessarily establish that the proposed activities are permitted.
Can engineers provide training?
The PA 7 provisions also allow qualifying overseas employees to train UK-based workers to install, repair or service the relevant machinery or equipment.
This may be particularly useful where a manufacturer supplies specialist machinery to a UK customer and needs to provide technical instruction as part of the installation or after-sales arrangements.
Separate provisions may apply to employees travelling to the UK to receive training.
It is therefore important to distinguish between engineers delivering technical training and employees attending training courses themselves.
Are there restrictions on the duration of visits?
The Standard Visitor route generally permits visits of up to six months.
However, this does not mean that an overseas employee can undertake six months of unrestricted work in the UK.
The proposed activities must remain within the permitted visitor provisions, and the individual must satisfy the genuine visitor requirements.
Repeated or lengthy visits may attract closer scrutiny, particularly where the circumstances suggest that the individual is effectively working in the UK on an ongoing basis.
What evidence should engineers carry?
Depending on the circumstances, supporting documentation may include:
- A letter from the overseas employer explaining the purpose of the visit.
- The relevant purchase, supply or lease agreement.
- Documentation establishing the after-sales or warranty arrangements.
- An invitation from the UK customer.
- Details of the proposed technical activities and duration of the visit.
- Evidence of the employee’s continuing employment overseas.
Where the individual is a visa national, this evidence may be relevant to the visa application. Non-visa nationals may also need to demonstrate the purpose of their visit when entering the UK.
How ILEX Law Group can assist
ILEX Law Group advises engineering, manufacturing and construction businesses on UK immigration requirements for international assignments.
We assist companies in assessing whether proposed technical activities fall within the permitted visitor provisions or require sponsorship under an alternative immigration route.
Businesses arranging installation, maintenance or commissioning work in the UK are encouraged to obtain guidance before deploying employees.
