If a non-EEA employee’s work activity falls outside the terms of a business visitor visa, they may still be eligible to work in the UK via a Van der Elst visa.
Van der Elst visas allow non-EEA nationals who are working for an employer within the EU to provide services within other EU member states without the need for a work permit.
To be eligible, the employee must meet the following criteria:
They lawfully reside in the EU member state where their employer is established.
They are lawfully and habitually employed by an employer who is temporarily providing a service in the UK.
They must leave the UK once the services have been provided.
They must not take up any other form of employment during their time in the UK.
To apply, employees are required to complete an online application form, provide supporting documentation (originals) and submit biometric data.
The benefits of a Van der Elst visa
Unlike other routes of entry, under a Van der Elst visa there are no stipulations around the seniority or skills of the employee. Employers therefore can potentially use Van der Elst visas across their workforce.
Employees should be able to satisfy the ‘habitual employment’ requirement within only a matter of months, making it a relatively accessible option.
Also, there is no application fee.
For non-EEA and Swiss national workers of Swiss companies, there is a similar exception to Van der Elst for gaining entry to the UK to provide services temporarily on behalf of their Swiss employer.
A time limitation does however apply of a total of 90 days in one calendar year. Visas – and therefore the period of the applicant’s intended stay in the UK – must therefore be limited to a maximum of 90 days.
Get in touch
If you are a highly skilled non-EU national and looking at options to work on projects in UK or Europe then do get in touch. Especially if your are on a Tier 2 ICT Visa and unable to switch to a Tier 2 General without the need to serve a 12 month cooling off period this solution may be for you! Provided you are able to bill excess of £400/£450 per day.
Do get in touch at consult@mavisas.co.uk
Thanks in advance
Mason