Movement Persons EU UK Agreement

ANNEX SERVIN-5: MOVEMENT OF NATURAL PERSONS

Article 1: Entry and temporary stay-related procedural commitments

The Parties shall endeavour to ensure that the processing of applications for entry and temporary stay pursuant to their respective commitments in the Agreement follows good administrative practice:

(a) Each Party shall ensure that fees charged by competent authorities for the processing of applications for entry and temporary stay do not unduly impair or delay trade in services under this Agreement;

(b) subject to the discretion of the competent authorities of each Party, documents required from an applicant for applications for the grant of entry and temporary stay of short-term visitors for business purposes should be commensurate with the purpose for which they are collected;

(c) complete applications for the grant of entry and temporary stay shall be processed by the competent authorities of each Party as expeditiously as possible;

(d) the competent authorities of each Party shall endeavour to provide, without undue delay, information in response to any reasonable request from an applicant concerning the status of an application;

(e) if the competent authorities of a Party require additional information from an applicant in order to process the application, they shall endeavour to notify, without undue delay, the applicant;

(f) the competent authorities of each Party shall notify the applicant of the outcome of the application promptly after a decision has been taken;

(g) if an application is approved, the competent authorities of each Party shall notify the applicant of the period of stay and other relevant terms and conditions;

(h) if an application is denied, the competent authorities of a Party shall, upon request or upon their own initiative make available to the applicant information on any available review and appeal procedures; and

(i) each Party shall endeavour to accept and process applications in electronic format.

Article 2: Additional procedural commitments applying to intra-corporate transferees and their partner, children and family members132

1. The competent authorities of each Party shall adopt a decision on an application for an intra- corporate transferee entry or temporary stay or a renewal thereof and notify the decision to the applicant in writing, in accordance with the notification procedures under national law, as soon as possible but not later than 90 days after the date on which the complete application was submitted.

132 Paragraphs 1, 2 and 3 do not apply for the Member States that are not subject to the application of the Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra- corporate transfer (“ICT Directive”).

2. Where the information or documentation supplied in support of the application is incomplete, the competent authorities concerned shall endeavour to notify the applicant within a reasonable period of the additional information that is required and set a reasonable deadline for providing it. The period referred to in paragraph 1 shall be suspended until the competent authorities have received the additional information required.

3. The Union shall extend to family members of natural persons of the United Kingdom, who are intra-corporate transferees to the Union, the right of entry and temporary stay granted to family members of an intra-corporate transferee under Article 19 of Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third- country nationals in the framework of an intra-corporate transfer.

4. The United Kingdom shall allow the entry and temporary stay of partners and dependent children of intra-corporate transferees, as allowed under the United Kingdom’s Immigration Rules.

5. The United Kingdom shall allow the partners and dependent children of intra-corporate transferees referred to in paragraph 4 to work for the duration of their visa, in an employed or self- employed capacity, and shall not require them to obtain a work permit.