Immigration Rules Appendix Service Providers from Switzerland

1. SPS 1.1. A person applying for entry clearance as a Service Provider from Switzerland must apply online on gov.uk on the specified form “Other work visas for the UK (non points-based working visas)” on the “Find and apply for other visas from outside the UK” form.

1. SPS 1.2. The applicant must meet all the following requirements:
   1. (a) any fee must have been paid; and
   2. (b) the applicant must have provided any required biometrics; and
   3. (c) the applicant must have provided either:
      1. (i) if they are a Swiss national, a valid national identity card or passport; or
      2. (ii) if they are not a Swiss national, a passport or other travel document that satisfactorily establishes their identity and nationality.

1. SPS 1.3. The applicant must be aged 18 or over on the date of application.

1. SPS 1.4. An application which does not meet all the validity requirements for a Service Provider from Switzerland is invalid and may be rejected and not considered.
   

   Suitability requirements for Service Providers from Switzerland

1. SPS 2.1. Subject to SPS 2.2. an application must be refused on grounds of suitability where either of the following apply at the date of the decision:
   1. (a) the applicant is subject to a deportation order or a decision to make a deportation order; or
   2. (b) the applicant is subject to an exclusion order or exclusion decision.

1. SPS 2.2. Where a decision under SPS 2.1 relates to conduct before 11pm on 31 December 2020, the decision maker must be satisfied that the order or decision is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to that person (except that in applying this provision for “an EEA decision” read “a decision under SPS 2.1”).

1. SPS 2.3. An application may be refused on grounds of suitability if, at the date of decision, the decision maker is satisfied that it is proportionate to refuse the application because:
   1. (a) in relation to the application and whether or not to the applicant’s knowledge, false or misleading information, representations or documents have been submitted (including false or misleading information submitted to any person to obtain a document used in support of the application); and the information, representation or documentation is material to the decision whether or not to grant the application; or
   2. (b) in respect of conduct committed on or before 11pm on 31 December 2020, on grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to that person (except that for these purposes for “an EEA decision” read “a decision under paragraph SPS 2.3”); or
   3. (c)in respect of conduct committed after 11pm on 31 December 2020, on the grounds that the presence of the applicant in the UK is not conducive to the public good; or
   4. (d) subject to SPS 2.4, the applicant is the subject of an Islands deportation order as defined by paragraph 3(6) of Schedule 4 to the Immigration Act 1971; or
   5. (e) subject to SPS 2.4, the applicant is the subject of an Islands exclusion decision which is a direction given by the relevant Minister or other authority in the Islands concerned that the applicant must be refused entry to the Island concerned on the grounds that their presence there would not be conducive to the public good.

1. SPS 2.4. Where a decision under SPS 2.3 (d) or (e) relates to conduct on or before 11pm on 31 December 2020, the decision maker must be satisfied that the order or decision is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to that person (except that in applying this provision for “an EEA decision” read “a decision under SPS 2.3”).

Entry requirement for Service Providers from Switzerland

1. SPS 3.1. A person seeking to come to the UK as a Service Provider from Switzerland must have applied for and obtained entry clearance as a Service Provider from Switzerland before they arrive in the UK.

1. SPS 4.1. An applicant who is a Swiss national must be either established in self-employment in the territory of Switzerland, or habitually employed in the territory of Switzerland by an eligible employer or company.

1. SPS 4.2. A Swiss national seeking entry as self-employed must be registered as self- employed with the appropriate tax authority in the territory of Switzerland.

1. SPS 4.3. An applicant who is not a Swiss national must be legally integrated into the regular labour market of Switzerland, be habitually employed in the territory of Switzerland by an eligible employer or company and, if required, they must provide a copy of their Swiss residence or work permit.

1. SPS 4.4. An applicant will be considered to be legally integrated into the regular labour market of Switzerland where they;
   1. (a) are an EEA national who holds the relevant residence status that enables them to work in Switzerland; or
   2. (b) are a non-EEA, non-Swiss national who can evidence that they have permission to reside and have been working for an extended period within the regular labour market of Switzerland.

1. SPS 4.5. An applicant will not be required to show evidence of permission to reside in Switzerland if they are a Swiss national or of a nationality which is, and continues to be, party to the Agreement on the Free Movement of Persons (subject to any transitional measures that may be in place).

1. SPS 4.6. An employer or company will only be considered eligible where it:
   1. (a) is a company or employer formed in accordance with the laws of Switzerland; and
   2. (b) has their registered office, central administration or principal place of business in the territory of Switzerland; and
   3. (c)remains active and trading.

1. SPS 4.7. The applicant must provide the evidence specified in SPS 4.9. (as modified in SPS 4.10 in the case of a self-employed Swiss national) to show that they are required to travel to the UK for the purpose of providing a service under an eligible contract concluded between themselves (if self-employed), or their employer, and a client in the UK.

1. SPS 4.8. An ‘eligible contract’ is a contract where;
   1. (a) it is a written contract (including in electronic form) between a Swiss employer or company, and a UK employer or company (formed in accordance with UK Companies law) or an individual established in the UK; and
   2. (b) it is signed and dated before 11pm on 31 December 2020; and
   3. (c) the performance of which has started on or before 11pm on 31 December 2020.

1. SPS 4.9. In the case of an applicant who is employed by an employer or company, the evidence required at SPS.4.7. must;
   1. (a) be a letter (which can be electronic) from the employer or company; and
   2. (b) be signed by a senior member of the organisation; and
   3. (c)include the author’s credentials; and
   4. (d) include a copy of the eligible contract; and
   5. (e) include details on why the applicant is required to travel to the UK to execute the eligible contract; and
   6. (f) confirm the applicant has any necessary professional qualifications to allow them to execute the contract; and
   7. (g) confirm that the employer or company has not already used the 90 day per calendar year limitation to execute this or any other eligible contract that they hold.

1. SPS 4.10. In the case of a self-employed Swiss national, the evidence required at SPS 4.7. must be a letter of self-certification which meets all the criteria at SPS 4.9. (except SPS 4.9.(a) and SPS 4.9.(b), and for SPS 4.9.(g) must confirm that the applicant has not already used their 90 per calendar year limitation).

1. SPS 4.11. The decision maker must not have reasonable grounds to believe the applicant’s employment in the UK does not comply with the National Minimum Wage Regulations or the Working Time Regulations.

1. SPS 5.1. The eligible employer, company or self-employed service provider must not have met or exceeded the 90 day per calendar year limitation.
   

   Genuineness requirement for Service Providers from Switzerland 

1. SPS 6.1. The applicant must be a genuine Service Provider from Switzerland, meaning that:
   1. (a) the applicant will not remain in the UK after the end of their permission; and
   2. (b) the applicant will not live in the UK for extended periods through frequent and successive visits, or make the UK their main home; and
   3. (c) the applicant must be genuinely seeking entry as a Service Provider from Switzerland.

1. SPS 6.2. The applicant must not while in the UK intend to:
   1. (a) access public funds; or
   2. (b) access medical treatment on the NHS (other than in an emergency); or
   3. (c) study; or
   4. (d) get married or form a civil partnership; or
   5. (e) give notice of marriage or civil partnership.

1. SPS 7.1. If the decision maker is satisfied that all the requirements for a Service Provider from Switzerland are met the application will be granted, otherwise the application will be refused.

1. SPS 7.2. If the application is refused an application can be made for an Administrative Review under Appendix AR(EU): Admin Review.

1. SPS 8.1. The grant will be for one of the following periods (whichever is shorter);
   1. (a) the end date of the eligible contract; or
   2. (b) the end date of the employee’s work contract (where such contract is a fixed term contract); or
   3. (c)the day preceding the expiry date of the person’s permission to reside in Switzerland (where the applicant requires such permission); or
   4. (d) the 31 December 2025.

1. SPS 8.2. A Service Provider from Switzerland may enter and leave the UK multiple times during the period for which they have permission, but can only stay in the UK for up to 90 days in each calendar year as a Service Provider from Switzerland.

1. SPS 8.3. The employer or company posting staff to the UK (or the individual in the case of the self-employed Swiss national) is responsible for ensuring that the total work on any and all eligible contracts does not exceed 90 days per calendar year irrespective of the number of staff granted permission under this SPS

1. SPS 8.4. The grant will be subject to all the following conditions:
   1. (a) no more than 90-days work in each calendar year; and
   2. (b) no work other than on the eligible contract (including self-employment and voluntary work); and
   3. (c) no study; and
   4. (d) no access to public funds.

      Cancellation of entry Clearance or permission of a Service Providers from Switzerland

1. SPS 9.1. A person’s entry clearance or permission as a Service Provider from Switzerland may be cancelled where the decision maker is satisfied that it is proportionate to do so where:
   1. (a) the cancellation is justified on grounds of public policy, public security or public health, on the basis of the person’s conduct on or before 11pm on 31 December 2020, in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to that person (except that for an “EEA decision” read “a decision under paragraph SPS 9.1”); or
   2. (b) the cancellation is justified on the ground that it is conducive to the public good, on the basis of the person’s conduct after 11pm on 31 December 2020; or
   3. (c) the cancellation is justified on grounds that, in relation to an application made under this Appendix, and whether or not to the applicant’s knowledge, false or misleading information, representations or documents were submitted (including false or misleading information submitted to any person to obtain a document used in support of the application) and the information, representation or documentation was material to the decision to grant the application under this Appendix; or
   4. (d) the cancellation is justified on grounds that the person has breached a condition of their permission as set out in SPS 8.4. unless further permission was granted in the knowledge of the breach; or
   5. (e) the cancellation is justified on grounds that the applicant or the eligible company or employer ceases to satisfy the Service Requirement at SPS 4.1. to SPS 4.6. or the 90 day limitation requirement at SPS 5.1.; or
   6. (f) an agreement dealing with the movement of natural persons for the purposes of the supply of services in accordance with the parties’ rights and obligations under the General Agreement on Trade in Services of the World Trade Organisation is concluded and applied between the UK and Switzerland.                                                                                                                                                                                                                                                                            Source: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-service-providers-from-switzerland