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Vander Elst Visa – Posted workers in the UK
WORKING IN THE UK WITHOUT A WORK PERMIT – POSTED WORKERS – VANDER ELST VISA
The ECJ case of Vander Elst established that, as long as certain criteria were met, non-EEA nationals working for an EU employer in the EU should be allowed to provide services in another EU Member State without the need to obtain a work permit. It follows that an established non-EEA employee of an EU company in the EU can come to the UK to provide a service on behalf of the company without a UK work permit.
Entry clearance (i.e. a visa) is compulsory for both visa and non-visa nationals.
The requirements to be met by the non-EEA employee are that they:
• are lawfully resident in the EU Member State in which the employer is established;
• are lawfully and habitually employed by an employer who is temporarily providing a service in the UK;
• do not intend to take any other employment;
• intend to leave the UK at the end of the period during which his employer is providing the service. Successful UK Van der Elst visa applicants will be issued with a code 4 endorsement: D: FOR EMPLOYMENT WITH [add NAME OF COMPANY].
Visas should be issued for the length of the contract with their EU employer. Although applications from family members are treated in the same way as EEA family permit, family members are issued with code 1 dependant visas endorsed with D: TO JOIN/ACC [NAME OF VAN DER ELST EMPLOYEE].
Unfortunately there are no official UK guidance at present on the process to follow or the documentation to submit in support of a UK Posted Worker / Vander Elst Visa.
Over the last 5 years we have successfully assisted a number of businesses across the EEA wishing to post existing non EEA employees to the UK. Recently we have also successfully arranged for the UK posting of an non EEA employee already posted in another member state. The experience of dealing with Vander Elst applications in various UK visa hubs across Europe has provided us with the necessary expertise to guide employers through this uncharted territory. We can advise on the correct form to use, the process to file the application and the documents / documentation that will be needed to support the application.
Our fees for assisting with the processing of a Vander Elst / Posted Worker Visa start at £350.
For more information contact us.