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I'm a third-country national who is a self-employed permanent resident in the Czech Republic. As far as I'm aware, EU companies are free to post workers to other EU countries, even if those workers are non-EU citizens. I am also aware that even non-EU companies regularly send out their employees to the EU for "business meetings", which can include some degree of work done on-site for the parent company.

Being a self-employed software engineering consultant, am I allowed to sign a contract with a company located in the UK (signed by myself as a business, not as a physical person) and then proceed to travel to the UK visa-free to work for said company as an external employee? My passport allows me visa-free access to the UK, so normally I won't need to apply for an entry clearance beforehand.

Links to official UK government websites explaining the limits to what an EU contractor may do within the UK (without a work permit) would be appreciated. I am aware that Brexit would complicate things in the future, but for now all previous EU laws are still in effect.

  • "Self-employed" could mean a few different things. Have you organized a legal entity in the EU? If not, I would be surprised if your being an EU resident qualifies you as "an EU company." – phoog Nov 14 '17 at 18:52
  • @phoog I have a sole proprietorship. It's a business entity like any other. – JonathanReez Nov 14 '17 at 19:30
  • In US tax terminology, "sole proprietorship" describes (among others) someone who operates a business without incorporating or forming any other sort of legal entity. – phoog Nov 14 '17 at 19:37
  • @phoog I have a tax number and can become a VAT payer if needed. It's a corporation. – JonathanReez Nov 14 '17 at 19:41
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I think you are looking for the EUN04 document. It states that:

En established non-EEA employee of an EU company in the EU can come to the UK to provide a service on behalf of the company without a work permit. Entry clearance is mandatory for both visa and non-visa nationals. Entry clearance is issued gratis.

The requirements to be met by the employee are that they:

  • are lawfully resident in the EU Member State in which the employer is established;
  • are lawfully and habitually employed by an employer who is temporarily providing a service in the UK;
  • do not intend to take any other employment;
  • intend to leave the UK at the end of the period during which his employer is providing the service.

I couldn't really find more on how you would obtain the visa and entry clearance to actually use this route and not rely to one of the usual non-EEA/Swiss visas.

I found the link to this document on the governments information site for posted workers.

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