Companies planning to use new business visitor secondee rules to bring non European Economic Area (EEA) workers into the UK should be aware that the UK Border Agency (UKBA) has now issued guidance to clarify the rules, significantly reducing the scope of the secondee category.

Julia Onslow-Cole, partner and head of global immigration, PricewaterhouseCoopers Legal LLP, commented, "Initially, the secondee route seemed to offer up an obvious channel to circumventing the need for many companies to apply for a sponsorship licence under Tier 2 of the new points-based system. The scope of the new secondee category has now been drastically reduced in the light of this new guidance.

"For example, an overseas IT company will now not be able to send IT consultants to work with a UK company in the secondee visitor category, as it would not be assisting the UK company to deliver a contact for the provision of services by the UK company to an overseas company. Given this new guidance, there are likely to be few situations in which secondee visas are likely to be issued."

For further details, see the immigration section of our website at www.relocatemagazine.com and the topical article by James Walters, of Smith Stone Walters, in the winter 2008 issue of Re:locate.

For practical help and advice, see the CIPD's revised Fact Sheet on Employing Overseas Workers, and download the new Fact sheet on Immigration Law Changes: What Employers Should Know.