Debunking immigration myths for business travelers

Many HR and mobility professionals recognize the critical need to verify an individual's legal right to work in a specific country before agreeing to a move. Navigating these requirements for business visitors can be challenging, especially when assumptions are made about the necessary documentation, leading to potential oversights in addressing immigration concerns. Chances are you've encountered some of these scenarios from employees or within the business. Here are a few common ones:

1. "I am only travelling for a couple of days; does it really matter if I work?"

In short, yes, it matters. For some countries, even working for one day can make a significant difference to immigration authorities. Many countries have strict rules regarding what activities can be carried out during a visit.

The consequences can include possible sanctions against the company being visited. Imagine the implications if the company is a prospective or existing client. There can also be sanctions for the employee personally.

2. "I was born here, so I am allowed to live and work here."

Simply being born in a country rarely grants rights to nationality or citizenship – in fact, there are only a handful of countries where this happens automatically.

Therefore, just because someone is born in a country, it doesn’t mean they have the right to work or live there.

3. "My friend had... or I know someone, and they were able to..."

It's common for an employee to say they know someone who managed to work somewhere legally, or they may have had experience themselves in the past.

Important Points to Remember:

• Every application is unique and assessed individually based on specific circumstances.
• The same person may submit multiple applications, but the outcomes can differ due to varying circumstances and laws at the time of submission.
• When employees relay past experiences, they may not be aware of important differentials such as payment terms, trip duration, terms of assignment, and the reason for travel.

4. "I have a six-month visa, so I can stay for six months."

This may be true, but a visa’s duration and validity depend on the activities the mover is engaged in during the six months, how often they have used the visa, and where they have been when not traveling.

Example: A person entering the UK on a visitor visa can only stay if they meet the visitor rules, which include assessing what they intend to do while in the UK, how they fund themselves, and where they spend most of their time over the year. Even with a six-month visa, they cannot stay for six months if they haven't spent a significant amount of time in other countries.

Business visitors often fall below the radar for immigration because of assumptions about visa requirements. As an HR or mobility professional, aim to be consulted ahead of a move to question the countries to be visited and the activities planned. Getting it wrong can have implications for both the company being visited and the employee. Raising awareness of these issues and emphasizing that each case needs to be assessed on its own facts is crucial.