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Brexit: posting an employee in the UK

This information is provided by

Netherlands Chamber of Commerce, KVK | Business.gov.nl

If you want to post one or more employees to the United Kingdom, you need to prepare. Post-Brexit, the former rules for postings no longer apply. Exactly how you need to prepare depends on the type of work and the duration of the posting.

Trade and Cooperation Agreement (TCA)

The EU-UK Trade and Cooperation Agreement or TCA describes all the agreements made between the EU and the UK. This includes agreements on posting employees. In most cases, your posted employee will need a visum to work in the UK.

Prepare your posting

Existing posting

Existing postings are not part of the TCA. Postings in the UK that started before 1 January 2021 are no longer valid. You must meet the new rules.

New posting

Posting workers to the UK requires preparation. In most cases, you will need to apply for a visum. Which visum you need depends on the type of work, and the duration of the posting in the UK. Check which visum you need on the Gov.uk website.

The posting is for less than 6 months

You do not need to apply for a work permit or visum if the type of work is included in the list of visitor permitted activities. If they are not, check if you can apply for a short-term work visum. Or use the points system to see if you can apply for a skilled worker visum.

The posting is for longer than 6 months

Use the points system to check if you are eligible for a skilled worker visum. Are you not eligible for the skilled worker visum? Find out if you can apply for a different visum.

Basic rules while in the UK

When travelling to the UK, you and your employees need to observe the basic rules for visitors:

  • You must leave the UK at the end of the posting.
  • You do not live in the UK under the guise of consecutive visits, nor is the UK your permanent country of residence.
  • During the posting, you are able to support yourself (and, if applicable, your family) financially.
  • You can pay for your return or onward journey.
  • You have proof of the posting or other activity to be undertaken in the UK.

Temporary import of equipment

If your employee is bringing any equipment or tools with him to the UK. These will need to be imported into the UK temporarily. Upon departure to the UK, you must issue an export declaration to Dutch Customs. In the UK, your technician will temporarily import the equipment and will pay a deposit. Upon his return to the Netherlands, he declares the import of these ‘returned goods’. It would be wise to bring a list with details of the equipment, including make, type, and serial numbers. With an ATA carnet he does not need to pay a deposit and your employee will quickly get his equipment through customs in the UK. There are costs associated with an ATA carnet.

Work visit without work permit or visum

Your work visit must meet the conditions stated in the TCA. You and your employee need not apply for a visum if you are:

A business visitor for a short stay

You have access for a period of 6 months maximum.

A business visitor for establishing purposes

You have access for a period of 6 months maximum. You must have a senior position and be responsible for the establishment of a business on behalf of your organisation. You may not offer or provide services during your stay. You may not receive wages or compensation.

This information is provided by

Netherlands Chamber of Commerce, KVK
Business.gov.nl
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