Tier 2 and work in Europe

[Zerubbabel]

Hello

In my company, we are a team of EEA/UK nationals. We deliver consulting to clients in the EEA zone.

This means we travel a lot to EEA countries (Germany, Spain, Ireland, Italy...) to deliver our consulting services to clients. When we work from EEA countries, we are either in the customer facilities or on our own facilities across Europe (our company has branches everywhere).

They are interviewing a Canadian citizen and willing to offer a Tier 2 visa. Our company has a Tier 2 sponsor license even they didn't use it too much in the recent years.

I had a chat with our HR lady and my position was:

- As a non EEA citizen, he doesn't have the right to work in the EU. The Tier 2 will enable him to work only in the UK and we have fewer customers in UK. EU mobility is a must to deliver our services.

The HR lady told me:

- As he can travel visa free in the EU and he is paid in the UK, it's perfectly legal for him to deliver work in various EEA countries

I am not convinced. It would be a serious blow to our rather small team if we hire someone and he won't be able to work properly (we are already stretched).

Do you think a Tier 2 visa would work for this kind of professional activity?

[CR001]

https://www.google.com/search?client=ub ... 8&oe=utf-8

Note there is a distinct difference in 'business trips', ie attend a meeting or conference and 'working'.

A Canadian might not need a pre approved Schengen visa, but they are still entering on a visitor visa where the same rules apply.

[Zerubbabel]

Thank you CR001.

We are well beyond the "business trip". We have a few business trips a year to attend conferences or general meetings.

But our core business is to travel to see clients and deliver consulting missions for which the client is billed by our company. It's a bespoke service ordered by the customer. The customer is billed daily for the presence of that consultant. So it's a definition of work.

I am going to see the HR again on Monday but these people don't seem to understand the law or they see only what they want. Maybe they hope it will fly under the radar and no one is going to question it.