Business travel has received an essential shot in the arm

What Covid restrictions on travel will apply?

From 4am on 4 October 2021, the UK government's current traffic light system, with countries listed as red, amber or green will be replaced by a red list of countries and a "rest of the world" system. When travelling to England from the rest of the world, eligible fully vaccinated travellers will no longer have to take a pre-departure test from 4 October 2021, and from the end of October the day 2 PCR test will be replaced by a lateral flow test.

Business travellers to England who are not fully vaccinated (with authorised vaccines) will still have to take a pre-departure test and a day 2 and day 8 test. Additionally they will have to self-isolate for 10 days when returning from a non-red listed country, although the test to release scheme will be available for those who want to reduce their isolation period.

Business travellers from the slimmed down red list countries (which will come into effect at 4am on 22 September) will continue to take the relevant tests required and book into a quarantine hotel.

All travellers will still need to complete passenger locator forms.

For business travellers travelling out of the UK, they should also check whether any Covid-related restrictions are imposed by the country of destination, such as pre-or post-arrival testing or mandatory quarantine requirements. This information is generally available on the UK government's foreign travel advice website. Individuals must also, of course, comply with any UK restrictions on outgoing travel. Travellers may wish to ensure that any insurance that they hold will cover them for their planned trip (particularly any Covid related costs should they have to seek treatment abroad).

What are the immigration considerations?

The visitor rules set out what is allowed for business travellers to the UK (rather than those taking up work in the UK). In particular an individual is only permitted to carry out certain limited activities such as attending board meetings, signing contracts or undertaking a site visit. The Home Office has helpfully clarified the rules regarding visitors who wish to service, install, repair or advise UK clients regarding machinery, equipment and computer hardware/software and updated provisions take effect from 1 October 2021. There are however still strict rules preventing payment being made for any activities carried out whilst visiting the UK (with limited exceptions, such as travel expenses). Visitors from some countries, including EEA nationals, do not need to apply for a visitor visa in advance of travel but will have to comply with the visitor rules and be prepared to evidence their reason for travel upon arrival into the UK. Frequent travellers may however find it easier to obtain a visitor visa in advance to speed up the process on arrival. From 1 October 2021 visitors to the UK should also ensure that they are travelling with acceptable identity documents as in many instances EEA nationals will not be able to use their ID cards.

Business travellers going from the UK to the EEA should follow the government guidance for the relevant country. Travellers to the Schengen area (which is most of the EEA states) will not normally need a visa or work permit where their cumulative travel time (including both business and leisure travel) does not exceed 90 days in a 180-day period and activities are limited to those permitted. As with the UK rules this route is not suitable for those looking to carry out paid activities or for long term visits. Permitted activities for business visitors are subject to interpretation within each state with the derogations varying greatly between the countries and although business meetings may be permitted, the specific state may apply restrictions or have registration requirements. The government publishes individual country guidelines to assist with business travel, which can be found here. Where an individual will exceed the 90-day limit or needs to carry out more substantive work, a visa/local permit may be required. Given the 90 day rule, employers should consider how best to retain a record of cumulative travel.

There may be other routes of entry into the UK and EEA for business travellers, such as sponsorship (under the points based system) or the Frontier Worker route (for those commuting cross border pre Brexit who wish to continue this arrangement). However what is clear is that it may take employers some time to fully comprehend the impact of the end of freedom of movement.

Further information

For more information on any of the issues raised in this briefing, please speak to your usual Ashurst contact or to any of the people whose contact details are given below.