Posting an employee in the UK after Brexit

Published by:
Netherlands Chamber of Commerce, KVK
Netherlands Chamber of Commerce, KVK

Do you want to outsource staff to the United Kingdom? For example, via secondment. Or are you going on a work visit to the UK? If so, you may need to apply for a visa.

Posting workers in the UK

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.

Prepare for a new posting

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

Is the posting for less than 6 months

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

The posting is for longer than 6 months

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

Basic rules while in the UK

When travelling to the UK, you and your employees need to consider the basic rules for visitors. For example:

  • they must leave the UK at the end of the posting;
  • they do not live in the UK for an extended period. For example, because you go to the UK often or several times in a row. Also, the UK is not their country of residence;
  • during the posting, they can support themself financially. And, if applicable, support their family if they are staying in the UK;
  • they can pay for their return or onward journey;
  • they have proof of the posting or other activity they will do in the UK.

Work visit without work permit or visa

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

A business visitor for a short stay:

  • may stay for a maximum of 6 months.

A business visitor for establishing purposes:

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

Temporary import of equipment

Are you or your employee taking goods to the UK? For example, tools, advertising material, or samples. You must temporarily export these from the Netherlands and import them into the UK. With an ATA carnet, you do not pay VAT, import duties, or deposits. An ATA carnet also simplifies customs procedures. You pay a fixed cost for an ATA carnet.

Questions relating to this article?

Please contact the Netherlands Chamber of Commerce, KVK