As a trusted partner to many recruitment businesses, clients and subcontracts for their EU and UK-based temporary labour, we receive numerous questions in relation to the rules, taxation and processes around this. Since Brexit, we have had many companies ask about the 90-day Schengen rules while they are looking to see if there is a quick and easy way to have UK labour work on their projects overseas without the need for additional processes or documentation.

Below is an example of one of the questions that arises regularly:

“If we want a UK national to go and work on a project or assignment in (insert any EU country here within the Schengen area) for under 90 days, they don’t need a work permit or VISA, right?”

Since Brexit, we at LBI have been asked this question A LOT! Therefore, we thought we would cover this.

The short answer is NO. Unless the reason for visiting is on the exemption list reasons for the visit, a visa/work permit will be needed.

The general reason a UK national could freely travel to a country in the Schengen reason is for leisure (holiday), training courses, for medical treatment or (and this is the big one) . . . business trips.

See below a link to the UK Gov website and further information regarding a couple of more specific countries.

https://www.gov.uk/travel-to-eu-schengen-area

Netherlands

Denmark

Now, when it comes to business trips, it causes a lot of confusion so let us look at a couple of scenarios that clearly define what is a business trip and what is a working contract.

Business trip

You have an individual who has an assignment whereby they are going to work a contract role in the UK (either remotely or physically at a client site within the UK). Over the assignment, the individual will have to temporarily go to visit a client or site in the EU from time to time, before then returning to continue their working contract in the UK. These are business trips, as the working contract and assignment are being completed in the UK with short visits to the other site or client. Importantly, the primary work for the assignment is being physically completed from the UK.

Not a business trip

The same UK national is offered an assignment where they will have to be on site or at the client address in the Schengen country for 2 months (so still under 90 days). However, the working contract requires the individual to be in that country to physically complete the work, this wouldn’t be deemed a business trip and therefore a work permit would be needed.

Suffice it to say, we all generally know what a business trip is and that is what you need to ask yourselves before determining if the individual will be safe to visit that location.

“Are they going to visit the country to see the client for a meeting? Or, are they going to country to physically complete a job?“

“Would the authorities deem this visit a business trip?”

Don’t run the risk of facilitating illegal work as this could lead to the individual being detained or (best case) removed from the country. Each country has their own strict rules on this including heavy fines and in some instances prison sentences.