British companies seeking staff from overseas need to be aware of the legalities involved – such as work permits, visas, and the different rules that apply for different nationalities.

Peter Alfandary finds a path through the tricky business of bringing foreign staff to the UK.

Q There is a lot of talk about immigration at the moment; what happens if my company sets up in the UK and wants to transfer personnel there?

A If the staff you are sending are nationals of a European Union (EU) or European Economic Association (EEA) country then, because of the rules of freedom of movement, there are no restrictions. Your staff can work in the UK freely. There are special rules for certain nationals of Commonwealth countries allowing them to work in the UK. And Swiss nationals can work freely in the country, too.

Q Is employment and immigration law the same across the whole of the EU?

A No. If a US or Korean employee has a permit to work for your subsidiary in Germany or France that does not mean they will have an automatic right to work in the UK. Employment law also differs between the various EU countries.

Q What is the position for other nationalities – from the US, Japan, India or the Middle East, for example?

A Unless entering to the UK for business reasons as a visitor, staff being transferred will need permission to work. Your UK company will have to apply to the government body known as Work Permits UK, which is part of the Home Office. You can obtain work permits for up to five years. There are also now special multiple entry permits for staff who remain based abroad but work regularly in the UK for, say, one or two weeks a month.

Q Does this apply to all personnel?

A No. There are minimum skills criteria for obtaining permits. These can relate to professional or academic qualifications, seniority and the length of experience gained with your company.

Q How long does it take to obtain a work permit?

A If prepared and filed correctly, no more than one week.

Q Can my staff bring their family dependants with them?

A Yes. EU, EEA and other nationals can be accompanied by their spouse and children. Usually dependants will have to obtain separate permission from a British embassy or consulate in their own country before travelling. There are also special rules for unmarried partners of work permit holders.

Q Can the wife, husband or unmarried partner work in the UK?

A Yes, they are free to work without restriction so long as the permit holder remains in the UK.

Q Is a work permit the same thing as a visa?

A No. Nationals of many countries need to obtain a visa from a British embassy or consulate abroad before entering the UK. For example, a Russian or Chinese national will need a visa to visit the UK even for a few days and would need one, in addition to a work permit, to work in the country.

Q Is it illegal to employ someone who does not have a legal right to work in the UK?

A Yes, employers can be held criminally liable, as can their directors and senior managers. You need to be particularly careful where staff are in the UK on long business trips and are working while there.

Q Do my foreign staff based in the UK need UK employment contracts?

A You can use your own contracts to govern your relationship with them but English law also obliges all employees working in the UK to have a precise statement of the terms and conditions of their employment. You will therefore need to provide your personnel with a local contract while they are in the UK. Regardless of their other contract, their UK one will have to comply with local law.

Peter Alfandary is head of the business immigration department at international law firm ReedSmith