Companies have to keep a special eye on business trips and postings either from Germany to the UK, or from the UK to Germany, since January 1, 2021. The time of carefree freedom of movement between countries is now finally over. Every trip should be carefully examined for aspects of residence law before it begins. Failure to apply for (and obtain) the proper immigration clearance in advance can result in serious consequences for the traveler, the employer and the company in the destination country. It does not matter whether the receiving company is part of the same group of companies or a customer.
The Brexit agreement* includes some limited concessions for travel between the UK and the EU, as long as the traveler has either British or European citizenship. These categories are, for the most part, completely new and the way they are used will need to be monitored and tested over the next few months.
When traveling for business, you should ask yourself the following questions:
In relation to the Brexit agreement*, the following questions should be asked:
With respect to work visas, the following questions should be asked:
In relation to UK nationals living and working in Germany since before 31/12/20 and German nationals working in the UK since before 31/12/20 the following questions should be asked:
In all cases, it is essential to check with your immigration provider as early as possible to determine whether activities you are considering are permitted under the relevant category.
In terms of the new post-Brexit reality, companies should ask themselves the following questions:
KPMG will be happy to support you in clarifying all these and other questions. For more information please contact:
Denise Osterwald
Solicitor, Senior Manager, Employment / Global Immigration Services
KPMG Law Rechtsanwaltsgesellschaft mbH
deniseosterwald@kpmg-law.com
Christian Jimenez Metzler
Attorney at Law, Manager, Employment / Global Immigration Services
KPMG Law Rechtsanwaltsgesellschaft mbH
cjimenezmetzler@kpmg-law.com
* Trade and Cooperation Agreement Between the European Union and The European Atomic Energy Community, Of the One Part, And the United Kingdom of Great Britain And Northern Ireland, Of the Other Part
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