When you are traveling abroad for work-related activities, you may find that you need to obtain business visas. Depending on where you are going and what you are doing, the type of visa you will require will vary – there are even certain circumstances where you won’t need one at all, even on a business trip. This article will cover the different scenarios and which supporting documents you may need to have legalised via notarisation, apostilles of the Hague and/or embassy attestation.
Business Visitor
Many countries have special rules for classifying visitors as ‘business visitors’ – business visitors are not considered to be employed in the receiving country and hence do not usually require work or business visas. Instead, business visitors can travel visa-free (in applicable visa-waiver countries), with ESTAs/eTAs, or with simple tourist visas, depending on their destination. In order to be considered a business visitor, your trip must fit certain definitions. These may vary, but generally include restrictions on:
- Length of trip
- Types of business activities
- Frequence of trips
If your business trip is short and your trips to the country are infrequent, you may be classed as a business visitor for the purpose of attending meetings, training, conferences and negotiations. If other circumstances apply – for instance, if you are selling goods or services, if your trip is longer, or if you complete frequent business trips to the same country – you are more likely to require a work permit or a business visa.
Some countries, such as the USA, will allow those from visa-waiver countries to enter with a simple ESTA for short business trips, while those ineligible for visa-free travel will have to apply for a business visa. Other countries, such as Australia, only require business visas for those who intend to do paid work in the country – normal business visitors can apply for simple tourist visas if they are not entitled to visa-free entry. With business visas often carrying higher fees than ordinary visitor visas, it is important to know what the requirements are in the country you are visiting.
Business Visa
For those who do not meet all of the conditions of being classed as a visitor, there are also visas for business – but not employment – purposes. For instance, if you are a business traveler who makes longer or more frequent trips to the same country throughout the year, but you are still employed in your home country and these trips are always for non-profit-generating activities, such as attending meetings, training, conferences and negotiations, you may need some form of business visa. This will permit you to carry out these activities and enter and leave the country with the frequency you require, including if you need to stay beyond the visa-free limit.
Work Visa
If you are being employed abroad while on your business trip – even if you are simply transferring to a foreign branch of a UK company – or if you are engaging in profit-generating activities such as selling goods or services, you are likely to need a work visa. This will allow you to carry out any business activities required and stay for the full duration of your posting abroad, beyond the visa-free period.
Schengen Area
For travel in the Schengen area for the purpose of business meetings, conferences, negotiations, and other non-profit-generating activities, U.K. citizens should not require visas unless they are either visiting for longer than 90 days or are also undertaking paid work within the host country – typical, short business trips should be covered by visa-free entry [1]. However, this may be subject to change as of Brexit, so it is always important to check before you travel.
Preparing Your Documents
As outlined above, you may not always need to apply for a visa as a business traveler. However, even when traveling as a business visitor you may still be asked for additional documentation, including:
- Letters from your employer,
- An invitation from the contact in your host country,
- Proof of residence in your home country,
- Proof of the duration of your stay and itinerary.
China is one the stricter countries for visa requirements. Depending on what you will be doing during your trip, you may require either an M class, R class or Z class visa. Applying for a Chinese visa can be a longer process, often requiring a number of supporting documents which must be attested by the Chinese Embassy.
The exact documents you will need in order to apply for a business visa, work visa, or work permit will depend on the nature of your trip and the country to which you are traveling, but some of the most commonly required documents include:
- Passport copies,
- Criminal records checks,
- Medical reports,
Criminal records checks generally come in one of two forms in the U.K. – they are either completed by the Disclosure and Barring Service (DBS) or by the Criminal Records Office (ACRO). These bodies have different standards when it comes to disclosures and their checks are typically used for different purposes – for more on the distinctions between DBS and ACRO, see our article Police Certificates vs DBS Checks.
In general, DBS checks are used for employment purposes, whereas ACRO police certificates are used for immigration purposes. Since in the case of business and work visas you may be dealing with both immigration and a receiving employer, there is a chance you may be asked to provide both. It will always come down to the requirements of the embassy and of your employer.
DBS checks need to be certified as original instruments by a solicitor or notary before they can be apostilled. However, as ACRO certificates contain original signatures from an official of the Criminal Records Office, they can be legalised straight away with an apostille of the Hague from the UK FDCO legalisation office.
Medical reports will help prove that you are fit to travel for the entire duration of your business trip. This is important for both your employer – who may be covering or contributing to any medical costs which arise during your trip – and for immigration, as many countries screen those applying for work/business visas based on their fitness to travel. Provided your medical report is signed off by a registered doctor of the General Medical Council (GMC), it can be legalised by the UK FCDO legalisation office. If it is not, it must be notarised first.
Many visa applications require certified passport copies, either instead of original passports (in cases where supporting documents are not returned following an application) or in addition to them. Certified passport copies can be produced by a solicitor or notary public and can then be legalised by the UK FCDO legalisation office.
If you wish to bring your spouse or children with you on your trip, they can likely be included on whichever visa you require. In this case, you may need additional documents:
- Long-form birth certificates of any children, to prove that you are one of their parents,
- Marriage or civil partnership certificate, or proof of common law partnership if allowed by the visa law in the receiving country,
- Letter of consent to travel if the children will be traveling without their other parent.
Birth certificates and marriage certificates can only be apostilled as originals or official duplicates. This means that if you have lost your original certificate, it will unfortunately not be possible to use a photocopy – instead, a official duplicate/certified copy must be obtained either from the original Register Office or from the General Register Office.
A consent letter can be drafted by a solicitor. It must then be signed in the presence of a U.K. solicitor or notary public by the child’s parents/guardians. The document can then be apostilled at the UK FCDO legalisation office.
If you are applying for a visa in a country which has not joined the Apostille Convention, it may also be necessary to have your supporting documents attested at the country’s embassy or consulate. In most cases, the document will still have to be legalised by the UK FCDO legalisation office first. Certain countries, such as the Philippines, also require that the visa application itself be notarised/certified and apostilled as well.
If you are planning a business trip abroad, it is always best to follow current, country-specific advice on which type of visa to apply for, if necessary. Once you know what you require, Pardus Bloom is happy to help you prepare your documents in support of your application. We can arrange everything from notarisation and legalisation to additional processes such as translation and embassy attestation as needed.