Service Suppliers

Both professionals and the employees of firms who have a contract to provide services to a UK business of twelve months or less, may apply for a visa under the Service Provider provisions to the Immigration Rules.

Before a Visa can be considered, the supplier must ascertain that three criteria are met:

• That the UK client is allowed to sponsor the overseas employee
• That the contract is in an eligible sector of activity
• That the work is sufficiently skilled.

Specifically:

Appropriate UK Client

The UK client must have an appropriate Sponsors Licence with the Home Office that would permit them to grant a Certificate of Sponsorship to the overseas supplier coming to the United Kingdom.

The overseas supplier must not have any other commercial presence in the United Kingdom.

Appropriate Sector

• The contract for the supply of services must fall within the sectors approved by the EU-UK Trade Agreement; AND
• To which a reservation does not apply.

Whilst the former is identifiable from the Home Office guidance, the latter is not.

This is because the reservations set out in the UK EU Withdrawal Agreement permits the UK to define its own standards at some future date. The general rule, is that everything is permitted, subject to future change.

The contract must have been awarded after an open tender and notified by the Sponsor to the Home Office.

The service must be supplied directly to the Sponsor who must be the final consumer.

Sufficient Skill

The job must meet the skills threshold set out in the Immigration Rules at either Table 1 or Table 2 of “ Appendix Skilled Occupations” at https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-skilled-occupations.

At the time of the introduction of the scheme the entry level were services that required skilled labour: This may change as BREXIT’s ramifications fluctuate and the Tables must always be referred to.

If the contract meet these requirements, then a visa will be granted where:

• The UK Sponsor has issued a valid Certificate of Sponsorship;
• The applicant is French or has the right of Permanent Residence in France;
• He has been employed by more than 12 months for the same employer, or if self employed that he has had 12 months experience in the relevant field;
• That he meets the financial threshold of the Immigration Rules.