In our previous post, New Rules for UK Visitors: Working on a Visit Visa, we examined four recent changes to the Visitor visa rules introduced by the (former) Government: (1) clarifications regarding remote working as a Visitor, (2) the changes regarding intra-corporate activities, (3) the greater leeway for scientists, researchers and academics undertaking research in the UK, and (4) the expansion of permitted activities for legal professionals.
This post is the second of two posts discussing changes to the Visitor visa rules, and examines the changes regarding "permitted paid engagements". In particular, this post explains how the old "Permitted Paid Engagement (PPE) Visitor visa" has been absorbed into the "Standard Visitor visa", so that it is no longer necessary to apply for a specialised PPE Visitor visa in order to undertake permitted paid engagements.
Default Rule #1: Visitors Cannot Work in the UK
As explained in the first post in this series, the default position, both under the old and new rules, is that Visitors cannot work while in the UK, unless this work is one of the "permitted activities" that is expressly allowed in the Visitor appendices.
The types of permitted activities for Visitors are set out in Appendix Visitor: Permitted Activities, and include some work-like categories such as "Volunteering", a narrowly defined list of "General Business Activities" (e.g. attending meetings, signing deals and contracts), "Intra-corporate Activities", "Legal", "Religion", and "Creative" (e.g. musicians giving performances, participating in competitions or auditioning). The changes to some of these categories are discussed in our previous post.
However, even when undertaking a "permitted activity", Visitors are still subject to a second default rule: Visitors generally cannot be paid by UK sources for any activities undertaken in the UK.
Default Rule #2: Visitors Cannot Be Paid in the UK
Under both the old and new rules, the default position is as follows:
"The Visitor must not receive payment from a UK source for any activities undertaken in the UK [...]."
This means that, even if a Visitor is undertaking a "permitted activity" listed in Appendix Visitor: Permitted Activities, they cannot be paid for this activity by a UK source, unless the payment comes under one of the following exceptions:
- "Reasonable expenses" to cover the cost of travel and subsistence;
- Payment as an international driver or seafarer who is undertaking one of the relevant permitted activities (e.g. collecting goods or passengers to transport to the UK);
- Prize money;
- Payment from billing a UK client for the Visitor's time in the UK (though there are a number of conditions – e.g. the Visitor must be employed overseas, and the majority of the contract work must be carried out overseas);
- Salary payments, but only if the Visitor is working for a multi-national company which, for administrative reasons, handles payment of employee salaries from the UK;
- Payment for performances at a "permit free festival" listed in Appendix Visitor: Permit Free Festival List, if the Visitor is an artist, entertainer or musician;
- Specific "permitted paid engagements", provided certain conditions are met.
These seven exceptions are the only circumstances in which Visitors can be paid by a UK source for activities undertaken in the UK.
This means that, (1) if you undertake an activity while you are in the UK as a Visitor, (2) you are paid by a UK source for the activity, and (3) the payment does not fall within one of the seven exceptions listed above, you will have breached the conditions of your Visitor visa. As with any breach of the immigration rules, this may have serious consequences for any future immigration applications.
What is a "Permitted Paid Engagement"?
As stated above, one of the exceptions to the second default rule – i.e. the rule that Visitors cannot be paid by a UK source for activities undertaken in the UK – is that Visitors can receive payment for "permitted paid engagements".
The list of "permitted paid engagements" in Appendix Visitor essentially describes certain categories of people who, in very specific circumstances, can be paid for their activities in the UK:
- Academics who are examining students or participating in/chairing selection panels – however, the academic must be "highly qualified within their field of expertise", and they must have been invited by a UK higher education institution or a UK-based research or arts organisation as part of the host organisation's quality assurance process;
- Experts who are giving lectures in their subject area – again, the expert must be "highly qualified within their field of expertise", must have been invited by a UK higher education institution or a UK-based research or arts organisation, and they must not be filling a teaching position for the host organisation;
- Overseas designated pilot examiners who are assessing UK-based pilots to ensure that they meet the national aviation regulatory requirements of other countries – the examiner must have been invited by an approved UK-based training organisation which is regulated by the UK Civil Aviation Authority for that purpose;
- Qualified lawyers who are providing advocacy for court/tribunal hearings, arbitration, or some other form of dispute resolution proceedings within the UK – however, the lawyer must have been invited by a client;
- Professional artists, entertainers or musicians who are carrying out activities directly relating to their profession – however, they must have been invited by a UK-based "creative (arts or entertainment) organisation, agent or broadcaster";
- Professional sportspersons who are carrying out activities directly relating to their profession – however, they must have been invited by a UK-based "sports organisation, agent or broadcaster";
- Speakers who are giving one-off talks or speeches, or a short series of talks and speeches – however, the speaker must have been invited to a conference or other event.
The last-listed "permitted paid engagement" – speakers giving talks or speeches – is a new type of permitted paid engagement that was introduced in February 2024.
Which Visa Do I Need for "Permitted Paid Engagements"?
Under the old rules, the right type of visa was, as suggested by its name, a "Permitted Paid Engagement (PPE) Visitor visa". Visitors who were in the UK as "Standard Visitors" could not undertake permitted paid engagements; only Visitors who had specifically applied for and been granted permission as a "PPE Visitor" could undertake permitted paid engagements.
Since February 2024, the category of "PPE Visitor" no longer exists, and there are now only 3 types of Visitor:
- Standard Visitor;
- Marriage/Civil Partnership Visitor; and
- Transit Visitor.
While the category of "PPE Visitor" has been abolished, it is still possible for Visitors to undertake permitted paid engagements, albeit under the "Standard Visitor" category. It is not possible to undertake permitted paid engagements while in the UK as a "Marriage/Civil Partnership Visitor" or as a "Transit Visitor".
This means that it is no longer necessary to apply for a specialised PPE Visitor visa in order to undertake permitted paid engagements. Visitors who wish to undertake permitted paid engagements in the UK simply need to: (1) apply for and be granted a Standard Visitor visa, and (2) satisfy the additional requirements specific to permitted paid engagements, as outlined below.
What Are the Additional Requirements for "Permitted Paid Engagements"?
Even though the "PPE Visitor" category has now been absorbed into the "Standard Visitor" category, the conditions that must be satisfied are largely the same as the conditions that previously applied under the old rules.
In addition to the usual requirements for a Standard Visitor visa, Visitors who want to undertake permitted paid engagements while in the UK must also satisfy all of the following requirements:
- You must be aged 18 or over when you enter the UK (note that the old rules required applicants to be aged 18 or over at the date of application, meaning that the new rules are slightly more relaxed);
- You must intend to do one or more of the listed permitted paid engagements – this necessarily means that you must fall within one of the relevant categories of people discussed above (e.g. a highly qualified academic, a qualified lawyer, a sportsperson, a speaker, etc);
- Your intended permitted paid engagement must be arranged before you travel to the UK – i.e. it is not possible to enter the UK as a Standard Visitor and then arrange a permitted paid engagement once you are in the UK (as you will not be allowed to receive payment for the activity from a UK source, even if it is a "permitted activity" listed within Appendix Visitor: Permitted Activities);
- Your intended permitted paid engagement must be declared as part of your application for entry clearance or permission to enter the UK – i.e. even if you are a non-Visa national and/or you normally pass through the e-gates when entering the UK, you must still declare your intended permitted paid engagement at the border;
- Your permitted paid engagement must be evidenced by a formal invitation which corresponds to the type of intended permitted paid engagement (e.g. an invitation from a UK higher education institution for academics or experts, from a creative organisation for artists, from a conference or event for speakers);
- Your permitted paid engagement must relate to your area of expertise and to your occupation overseas.
This means that, although it is no longer necessary to apply for a specialised PPE Visitor visa, there are still specific hurdles for those wishing to undertake permitted paid engagements in the UK – most notably that the engagement was pre-arranged, was declared as part of the Visitor's immigration application, and was evidenced by a formal invitation.
How Long Can I Stay in the UK, and How Long Can I Undertake "Permitted Paid Engagements"?
Under the old rules, PPE Visitors could only stay in the UK for up to a maximum of one month, while Standard Visitors could generally stay for a much longer period (e.g. six to twelve months).
Under the new rules, permitted paid engagements are undertaken via "Standard Visitor" visas, which are normally granted for a maximum initial period of 6 months. This means that a Visitor who is in the UK to undertake permitted paid engagements can potentially stay in the UK for up to 6 months.
However, the new rules also state that any permitted paid engagements must be "completed within 30 days of the Visitor's entry to the UK".
This means that, even if you are granted a 6-month Standard Visitor visa and you have satisfied all of the requirements relating to permitted paid engagements, you must still undertake the relevant engagement(s) within the first 30 days of entering the UK. After your first 30 days in the UK, you cannot be paid by a UK source for any activities you undertake in the UK, unless the payment falls within one of the other exceptions (e.g. reasonable expenses, payment relating to a permit-free festival).
The advantage of the new rules is that a Visitor can now enter the UK, undertake permitted paid engagements in their first 30 days in the UK, but then remain in the UK for the rest of their Visitor permission (i.e. potentially up to 6 months) in order to undertake other permitted activities, such as tourism or visiting friends and family.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.