UK Covid-19: new senior executive exemption for limited activities following arrival from amber list country

Yesterday the Home Office updated its guidance webpage 'Coronavirus (COVID-19): jobs that qualify for travel exemptions' to reinstate an exemption for certain senior executives based overseas and travelling to England.  The exemption is similar to but more tightly defined than that briefly in place last December.  Importantly, use of the exemption requires pre-approval that the criteria are met from the UK government.

The exemption permits certain limited activities during the 10 day quarantine period if arriving from an amber list country. Executives can temporarily leave the accommodation where they are self-isolating when conducting an exempt activity or travelling directly to and from the accommodation and a location for the purposes of this activity. Where a series of qualifying activities take place on the same site and on the same day (eg, a meeting followed by a factory inspection) then the executive may remain on site but must self-isolate between the exempt activities. They must quarantine at all other times.

The exemption applies to senior executives at board level or equivalent who would be more likely than not to bring significant economic benefit to the UK as a result of the exempt activity, ie the work they are doing has a greater than 50% chance of creating or preserving at least 500 UK-based jobs in either:

• an existing UK-based business which has at least 500 employees
• a new UK business within 2 years of the date of their arrival in the UK.

Senior executives are only exempt if the business activity requires their physical presence and cannot be done remotely or by anyone who would not need to quarantine.  The guidance gives examples of activities that would or would not be likely to qualify for an exemption.

The exemption covers executives based overseas who are visiting UK based subsidiaries or branches, or seeking to undertake exempt activity in England related to either making a financial investment in a UK based business or establishing a new business within the UK.

The senior executive wishing to use the exemption must notify the UK government prior to doing so using the business, jobs and investment exemption form.  A response is promised within 5 working days of receipt. The government may ask for further information in order to assess whether the criteria are met.

Only individuals who have received a letter from the UK government confirming that they meet the criteria, based on the information provided, will be able to use the exemption. This letter must be obtained before travelling to the UK and presented to Border Force officials upon arrival.

Executives still need to arrange the usual Covid-19 tests before arrival and on day 2 and (if arriving from an amber or red country) day 8 after arrival if still in the country, and complete a passenger locator form.  Arrivals from red list countries are not permitted to carry out activities and must still quarantine for 10 days in a government-approved hotel.

The exemption is narrower than the December 2020 version in several respects:

• the earlier version defined significant economic benefit as probably creating or preserving at least 50 UK jobs, rather than 500, and could also be met by the probable purchase of goods or services from a UK based business with at least 50 employees, where the order was worth at least £100 million or would probably create or preserve 50 or more jobs in that business.  The new exemption is only available in relation to larger businesses.
• the earlier version required a letter from a senior executive of the business being visited confirming eligibility, whereas the new version requires disclosure of information to the government (including the name and address of the existing UK-based company that will benefit if applicable) and written authorisation from the government.
• in contrast to the December version, the new exemption does not apply to returning executives normally based in the UK.