Please could anyone advise if they are aware for the correct process to obtain a D-VISA to supply services through an agent, to German and French clients as a UK citizen/resident?
The situation is as follows:
I am the Director of a small Design Consultancy (UK Limited Company) who has taken on a technical services contract with a German consultancy in the same field. I am (and my two specialists are) required to provide services to their end clients in Germany and France on an ad-hoc, contract by contract basis.
The German consultancy will act as agent if we are not supplying them directly (in-house).
I/we remain employed by the UK company and am/are UK resident, but would have to commute to the EU client for periods of *(up to) 6 months, on a weekly or bi-weekly basis.
To understand the B2B relationship:
The German consultancy pays the UK consultancy on submission of invoice (30 or 60 days).
I am salaried (PAYE) in the UK. My specialists are on fixed term employment contracts with, and paid by, the UK company.
I am/ we are not trying to emigrate, or become EU citizens/employees. As such, TLSContact (London) are unable to advise a routeway other than contacting the German Embassy directly. The Embassy direct me to their website. The website says to contact the Embassy directly or book an appointment with TLSContact...
I have also been advised that I need to apply to the French Embassy if the end client is in France (German TLSContact advisor). The advice from the French immigration agent was that I need to apply to the German Embassy because the B2B contract (and monies paid) comes from the German company, not the French client (in this instance)...
There are 2 French and about half a dozen German, end clients. The UK consultancy has no financial or employment relationship with the end clients.
I started the process in October and am just getting bounced around. Surely there has to be a way forward here?
HMRC have been (slow, but) incredibly helpful with obtaining all the required personal and company documentation. Unfortunately, I have no way of submitting anything to either French or German authorities if they can't tell me which are the correct VISA application forms...
*I have consulted two separate immigration law firms and neither are able to advise a clear route forward outside of 'Service Provider' or 'Independant Professional' applications.
'Service Provider' requires a declaration from the end client, whom the UK consultancy have no direct relationship with...
'Independent Professional' is not technically correct as we are being paid in the UK and that VISA would create tax implications further down the road...
Sorry for the lengthy post. I'm getting close to the end of my wits here.
Any advice would be greatly appreciated!
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