Since Brexit, the UK has established new immigration rules that apply to all foreign nationals, including those from Switzerland. These regulations require Swiss nationals who wish to work in the UK on a temporary basis specifically to fulfil certain contractual obligations, to obtain a relevant visa.
The Swiss Service Provider visa was introduced to allow such workers permission to carry out their work in the UK under a streamlined immigration route. Strict conditions apply, however, and those working under this visa, as well as their employers, must ensure compliance to avoid issues.
In this guide, we will set out the rules and requirements to qualify for a Service Providers from Switzerland visa, and explain what visa holders are permitted – and prohibited – from doing while in the UK.
Section A: Overview of the Swiss Service Provider Visa
The Swiss Service Provider Visa is a specific immigration category designed for Swiss nationals or employees of Swiss-based companies who need to travel to the UK to provide services under a pre-existing contract. This visa is part of the post-Brexit arrangements that facilitate business continuity and service provision between Switzerland and the UK. It allows eligible individuals to enter the UK to fulfil contractual obligations while ensuring compliance with UK immigration laws.
The visa is important for Swiss service providers because it legitimises their stay and work in the UK. Without it, they would be unable to legally enter the UK for work purposes, which could lead to legal repercussions for them personally and their employer.
Importantly, the contract to work in the UK must have been signed and started before 11pm on 31 December 2020.
1. Permissible Activities
With this visa, you are permitted to provide services in the UK for up to 90 days each calendar year, but you must only work on the specified contract or contracts. You are allowed to enter and leave the UK multiple times during the period your visa is valid.
However, there are several restrictions you must adhere to. You are not permitted to work for any reason other than that specified by your visa, which includes both self-employment and voluntary work, and Swiss employers can only deploy workers under this visa for up to 90 days in the UK per calendar year across all employees and contracts.
Visa holders are also not allowed to be accompanied by family members, also known as dependants, under this route.
In addition, you are not allowed to enrol in any educational courses, access public funds, or receive medical treatment on the NHS, except in emergencies.
You cannot marry or form a civil partnership or give notice of marriage or civil partnership while in the UK. It is also not possible to live in the UK for extended periods or make the UK your main home.
Finally, you cannot extend your stay beyond the initial visa period, nor can you switch to a different visa type while you are in the UK.
2. Visa Validity
The length of your visa will be determined by whichever of the following dates comes first:
a. The end date of your work contract in the UK.
b. The end date of your fixed-term contract with your Swiss employer.
c. The day before your right to reside in Switzerland expires if you are a non-EEA citizen or a Croatian national.
d. 31 December 2025.
If your visa expires and you still need to provide services in the UK, you can apply for another Swiss Service Providers visa, provided you meet the eligibility criteria. However, you cannot re-apply if your work contract has already ended.
Section B: Eligibility Criteria
Swiss nationals working for a company based in Switzerland may need to apply for a UK visa if they are required to work on a pre-existing contract in the UK. The key eligibility criteria for this visa include:
a. Nationality: The applicant must be a Swiss national.
b. Employment Status: The applicant must be employed by a company based in Switzerland, or can be self-employed. If you are a Swiss national, you can also apply to the route as a self-employed service provider if you are based in Switzerland.
c. Contractual Obligation: There must be a pre-existing contract between the Swiss company and a UK-based client or partner that necessitates the applicant’s presence in the UK.
d. Signing Date: The contract to carry out work in the UK must have been signed and started before 11pm on 31 December 2020.
e. Swiss Base: The employer must be based in Switzerland.
f. Contract Work Dates: Evidence will be needed to show that the applicant, or another employee of the organisation, travelled to the UK at least once to work on the contract before 11pm on 31 December 2020, unless the work contract is clear that regular or frequent travel is not required.
Section C: Application Process
Before you begin your visa application, it is crucial to have all the required documents ready. This preparation ensures that your application is complete and reduces the risk of delays.
Supporting documentation includes:
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Document
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Description
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Proof of Identity
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Valid identification, such as a passport.
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Proof of Right to Work in Switzerland
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Documentation showing you are legally allowed to work in Switzerland.
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Proof of Employment Status
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Evidence of your employment or self-employment status.
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Employer’s Swiss Base
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Confirmation that your employer is based in Switzerland.
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Contract Signing Date
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Proof that the contract was signed before 11pm on 31 December 2020.
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Work Commencement Date
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Proof that work on the contract started before 11pm on 31 December 2020.
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Necessity of Travel
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Evidence that you need to travel to the UK to fulfill the contract.
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Legal Employment in Switzerland
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(For non-EEA or non-Swiss nationals) Evidence, such as payslips or a Swiss residence card, showing legal employment in Switzerland for at least 12 months before applying.
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Once you have gathered all the necessary documents, you can proceed to submit your visa application online.
Visit the UK government’s visa application portal and complete the online application form. Ensure that all information is accurate and matches the details in your supporting documents.
Enter your personal details, including your full name, date of birth, and nationality. Provide information about your travel dates and the purpose of your visit. Enter information about your current employment, including your employer’s name and contact information.
There is no fee to apply for the Service Providers from Switzerland visa.
After submitting your application, you will need to schedule an appointment at a visa application centre.
On the day of your appointment, bring all your original documents and any additional paperwork requested in your application confirmation.
During the appointment, you will be required to provide biometric information, including fingerprints and a photograph. This is a standard part of the visa application process to ensure identity verification.
The visa application centre staff will verify your documents and may ask you questions about your application and the purpose of your visit.
Section D: Post-Application
After you have submitted your visa application and attended your appointment, there are several steps to be aware of as you await the outcome.
1. Processing Time
Once your visa application is submitted and your biometric information has been provided, your application will be processed by the UK Visas and Immigration (UKVI) department.
Generally, processing takes around three weeks from the date of your appointment. However, it is advisable to check the current processing times on the official UK government website, as they can change.
You may also be able to get a decision faster, depending on where you are applying from. Check if your visa application centre offers fast-tracked services.
2. Receiving Your Visa
Once your visa application has been processed, you will be notified of the outcome.
You will receive an email or a notification through the visa application portal informing you of the decision on your visa application. This will typically include instructions on how to collect your visa.
If your visa is approved, your passport, with the visa vignette (sticker), will be available for collection at the visa application centre or will be mailed to you, depending on the option you chose during your application process.
You can now make travel arrangements to the UK. Ensure you carry your passport with the visa vignette when you travel.
3. Travel to the UK
At the UK border, you should present your passport with the visa vignette to the immigration officer. Be prepared to answer questions about your stay and the purpose of your visit.
Ensure you understand and comply with the conditions of your visa, including the duration of stay and work restrictions.
Section E: Summary
While the application process may be relatively straightforward, the eligibility criteria and required documentation for the Swiss service provider visa are complex. Strict visa conditions also apply, which visa holders must adhere to to avoid adverse implications for their immigration record.
Section F: Need Assistance?
DavidsonMorris are UK immigration specialists. For expert guidance on the Service providers from Switzerland visa, contact us.
Section G: FAQs
Who is eligible for the Service Providers from Switzerland visa?
Swiss nationals who are employed by a company based in Switzerland and are required to fulfil a pre-existing contract in the UK need to apply for this visa. The contract must necessitate their physical presence in the UK for work purposes.
How long does it take to process the visa application?
The standard processing time is approximately three weeks from the date of your biometric appointment.
Can I take on additional work or projects in the UK on this visa?
No, this visa specifically allows you to work on the pre-existing contract for which it was issued. Taking on additional work or projects outside of this contract is not permitted under this visa category.
What should I do if my contract is extended?
If your contract is extended, you will need to apply for a visa extension. Ensure you start this process well before your current visa expires, and provide any additional documentation required for the extension.
How will I be notified about my visa decision?
You will receive a notification via email or through the visa application portal. If approved, you will be informed about how to collect your passport with the visa vignette or if it will be mailed to you.
What should I do if my visa application is refused?
If your application is refused, you will receive a letter explaining the reasons for the refusal. You may have the option to appeal the decision or reapply, addressing the issues mentioned in the refusal letter.
Section H: Glossary
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Term
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Definition
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Biometric Information
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Personal data that includes fingerprints and a photograph, required during the visa application process to verify identity.
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Contractual Obligation
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A binding agreement between a Swiss service provider and a UK client that necessitates the service provider’s presence in the UK to fulfil it.
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Eligibility Criteria
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The set of conditions that must be met to qualify for a UK visa, including nationality, employment status, and purpose of visit.
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Immigration Health Surcharge (IHS)
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A fee paid by visa applicants to access the UK’s National Health Service (NHS) during their stay.
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NHS (National Health Service)
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The public healthcare system in the UK, providing comprehensive medical services to residents and certain visa holders.
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Pre-existing Contract
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An agreement made before the visa application, requiring a Swiss service provider to work in the UK.
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Processing Time
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The period it takes for the UK Visas and Immigration (UKVI) department to review and decide on a visa application.
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Renewal Options
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Procedures available to extend the duration of stay under a visa if the contractual work in the UK continues beyond the original visa period.
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Service Providers from Switzerland Visa
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A specific visa for Swiss nationals working in the UK on pre-existing contracts between their Swiss employer and a UK client.
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UK Visas and Immigration (UKVI)
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The government department responsible for managing visa applications, processing, and immigration regulations in the UK.
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Visa Application Center
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A facility where visa applicants submit their biometric information and supporting documents for verification as part of the visa application process.
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Visa Vignette
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A sticker placed in the passport that shows the visa holder’s permission to enter and stay in the UK.
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Work Restrictions
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Conditions specified in the visa that outline the type and extent of work the visa holder is permitted to undertake in the UK.
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Section I: Additional Resources
UK Visas and Immigration (UKVI)
https://www.gov.uk/government/organisations/uk-visas-and-immigration
Official government resource for visa information and applications.
Apply for a UK Visa
https://www.gov.uk/apply-to-come-to-the-uk
Detailed guide on applying for various types of UK visas.
Check UK Visa Processing Times
https://www.gov.uk/visa-processing-times
Current processing times for different types of visas.
Right to Work in the UK
https://www.gov.uk/government/publications/right-to-work-checks-employers-guide
Guidance on right to work checks for employers.
Visa Application Centres
https://www.gov.uk/find-a-visa-application-centre
Find a visa application centre near you.
Swiss Embassy in the UK
https://www.eda.admin.ch/london
Contact information and services offered by the Swiss Embassy.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
