GLOBAL BUSINESS MOBILITY - SECONDMENT WORKER VISA

The Global Business Mobility – Secondment Worker Visa is for overseas workers who wish to be temporarily seconded to the UK by their overseas employer as part of a high value contract or investment. 

The Global Business Mobility – Secondment Worker Visa does not lead directly to settlement in the UK.  However, you may be able to switch into another immigration route which does lead to settlement.  Applicants may be joined or accompanied by a partner and dependent children.

Requirements for a Global Business Mobility – Secondment Worker Visa

In order to qualify for a Global Business Mobility – Secondment Worker Visa, you will need to satisfy UK Visas and Immigration that:

• You are aged 18 or over;
• You are currently working for an overseas business that has a contract with your sponsor worth at least £50 million that has been registered with the Home Office by the sponsor (unless you are applying for an extension to work for the same sponsor);
• You have worked outside the UK for that overseas business for a cumulative period of at least 12 months (unless you are applying for an extension to work for the same sponsor);
• You have a valid Certificate of Sponsorship issued by your UK sponsor for the job you are planning to do;
• The job you are planning to do is genuine;
• The job you are planning to do is at an appropriate skill level;
• You have enough money to support yourself without relying on public funds;
• You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy may vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

To discuss your Global Business Mobility – Secondment Worker Visa application with one of our immigration barristers, contact our business immigration team on 0203 617 9173 or complete our enquiry form below.

Global Business Mobility – Secondment Worker Visa Overseas Work Requirement

If you are making an initial application for a Global Business Mobility – Secondment Worker Visa then you must be currently working for an overseas business that has a contract with your UK sponsor that has been registered with the Home Office by the UK sponsor and have worked outside the UK for that overseas business for a cumulative period of at least 12 months.

The 12 months’ work outside the UK can have been accumulated over a historic period if you were continuously working for the overseas business, whether inside or outside of the UK, for at least 12 months prior to the date of application and any breaks have only been for statutory maternity, paternity, parental or shared parental leave, statutory adoption leave, sick leave, assisting with a national or international humanitarian or environmental crisis with the agreement of the overseas business or taking part in lawful industrial action. 

If you are applying for permission to stay as a Global Business Mobility – Secondment Worker and you have, or last had, permission as a Secondment Worker and you are applying to continue working for the same sponsor then you do not need to satisfy the overseas work requirement.

Global Business Mobility – Secondment Worker Visa Certificate of Sponsorship (CoS) Requirement

In order to obtain a Global Business Mobility – Secondment Worker Visa you will need to have a valid Certificate of Sponsorship for the job you are planning to do.  Your Certificate of Sponsorship will need to have been issued by a UK-based employer that is authorised by the Home Office to sponsor a Secondment Worker.

Your sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless you were last granted permission as a Secondment Worker and are applying to continue working for the same sponsor as in your last permission.

Your sponsor must have a contract with the overseas business that you are working for, that contract must have been registered with the Home Office and you must be planning to work as a Secondment Worker on that contract.

Your Certificate of Sponsorship must have been issued not more than 3 months before the date of your Global Business Mobility – Secondment Worker Visa application.

Your Certificate of Sponsorship must include certain mandatory information, including:

• Details of your name, job and salary;
• Confirmation that you are currently working for an overseas business that has a contract with your sponsor that has been registered with the Home Office by the sponsor and have worked outside the UK for that overseas business for a cumulative period of at least 12 months (unless you are applying for an extension to work for the same sponsor);.
• A start date which is no more than 3 months after the date of your Global Business Mobility – Secondment Worker Visa application;
• Confirmation that the Certificate of Sponsorship has not been used in a previous application which was either granted or refused and has not been withdrawn by the sponsor or cancelled by the Home Office.

Genuine Job Requirement

In order to be granted a Global Business Mobility – Secondment Worker Visa, you will need to satisfy the Home Office that you are being sponsored to undertake a genuine job.

If there are reasonable grounds to believe that the job you are being sponsored to do does not exist, is a sham or has been created mainly so that you can apply for a Global Business Mobility – Secondment Worker Visa then your application will be refused.

The Home Office will also want to be satisfied that you have not entered into an arrangement whereby you will fill a temporary or permanent position with a third party who is not your UK sponsor, or undertake contract work which involves undertaking an ongoing routine role or providing an ongoing routine service to a third party who is not your sponsor.

Global Business Mobility – Secondment Worker Visa Skill Level Requirement 

In order to qualify for a Global Business Mobility – Secondment Worker Visa, the job you are being sponsored to do must be an eligible job at or above a minimum skill level.

The job you are planning to do must be skilled to at least RQF Level 6 (graduate equivalent).  You do not necessarily need to hold a degree, but the role must be equivalent to a graduate level role.

The Home Office has published a list of jobs that are eligible for a Global Business Mobility – Secondment Worker Visa.  The list includes the relevant occupation code, job type and related job titles.  

The Home Office also sets out eligible jobs in Appendix Skilled Occupations. Each eligible job has a SOC 2020 occupation code.  You must be sponsored for a job in an eligible SOC 2020 occupation code listed in Appendix Skilled Occupations.

You will usually meet the job skill level requirement if the job you are being sponsored for is on the list.

However, your UK sponsor must choose an appropriate occupation code.  If the Home Office has reasonable grounds to believe that your sponsor has not chosen the most appropriate occupation code then your application for a Global Business Mobility Visa will be refused.

In assessing whether your sponsor has chosen the most appropriate occupation code, the Home Office will consider factors such as whether they have shown a genuine need for the job as described, whether you have the appropriate skills, qualifications and experience needed to do the job as described and the sponsor’s history of compliance with the immigration system.

Global Business Mobility – Secondment Worker Visa Salary Requirement

UK-based employers that are authorised by the Home Office to sponsor a Secondment Worker under the Global Business Mobility – Secondment Worker Visa route do not need to satisfy either a general salary requirement or the ‘going rate’ for the occupation (as set out in the relevant occupation code mentioned above).

Immigration Skills Charge Requirement

UK-based employers that are authorised by the Home Office to sponsor a Secondment Worker are not required to pay the Immigration Skills Charge.

Global Business Mobility – Secondment Worker Visa Financial Requirement

Subject to the exemptions below, you will need to have cash funds of at least £1,270 available.

You will need to have held the money for at least 28 consecutive days ending not more than 31 days before the date of your Global Business Mobility – Secondment Worker Visa application.

You will be exempt from the financial requirement if your sponsor is willing, if necessary, to maintain and accommodate you up to the end of the first month of your employment, to an amount of at least £1,270, if necessary.  Your sponsor will need to confirm this on your Certificate of Sponsorship.

If you are applying for permission to stay and have been in the UK with permission for 12 months or more at the date of application, you will meet the financial requirement and will not need to show funds.

Global Business Mobility – Secondment Worker Visa English Language Requirement

Secondment Worker Visa applicants do not need to satisfy an English language requirement.

Switching into the Global Business Mobility – Secondment Worker Visa Route

If you currently have leave to remain in the UK in another immigration category, you may extend your stay by switching into the Global Business Mobility – Secondment Worker Visa route unless you have, or were last granted, permission as a Visitor, Short-term student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household or outside the Immigration Rules.

Duration of a UK Global Business Mobility – Secondment Worker Visa

If your application for a UK Global Business Mobility – Secondment Worker Visa is approved, you will be granted entry clearance for either 1 year from the start date of the job detailed in your Certificate of Sponsorship or the time given on your Certificate of Sponsorship plus 14 days, whichever is shorter.

You will be able to apply to extend your visa by a further 12 months. The maximum time you can stay in the UK on a Secondment Worker visa is 2 years.

Maximum Time in the Global Business Mobility Routes

The maximum period of time allowed in the Global Business Mobility Routes is 5 years in any 6 year period.

When calculating the period of time spent on the routes the Home Office will consider all previous periods of permission granted on the Global Business Mobility routes and all previous periods of permission granted on the Intra-company routes.

Conditions of Stay on a Global Business Mobility – Secondment Worker Visa

Global Business Mobility – Secondment Worker Visa holders are permitted to work for their sponsor in the job described on their Certificate of Sponsorship.  They may also undertake a course of study and voluntary work.  Access to public funds is not permitted.

Settlement on the Global Business Mobility – Secondment Worker Visa Route

The Global Business Mobility – Secondment Worker Visa does not lead directly to settlement in the UK. However, once in the UK, you may be able to switch into another immigration route which does lead to settlement, such as the Skilled Worker route or the Start-up route when combined with the Innovator route.  You will need to satisfy the requirements of the immigration route that you wish to extend into.  Details of all the main immigration routes, including whether they lead to settlement, are available on our website.

You may also be eligible to extend your stay until you qualify for settlement on the basis of Long Residence.

Dependants of Global Business Mobility – Secondment Worker Visa Applicants

Global Business Mobility – Secondment Worker Visa holders can be joined or accompanied by a dependent partner over the age of 18 and dependent children under the age of 18.

Global Business Mobility Sponsor Licence Application

The Global Business Mobility routes are open to businesses of all sizes, providing they have a trading presence outside the UK and a qualifying link to a UK business.

In order to hold a Global Business Mobility sponsor licence, the UK business that will be receiving the worker must:

• Have an existing presence in the UK;
• Have qualifying links to an overseas business from which it will receive workers;
• Have suitable key personnel who will be responsible for the managing the licence; and
• Have systems in place to meet the sponsor licence duties.

Qualifying links to UK businesses are specific to the type of work assignment which is being undertaken in the UK.

In the case of a Global Business Mobility – Secondment Worker sponsor the UK business must have an eligible contract with an overseas business for goods or investment worth at least £10 million per year (and no less than £50 million in total).

How Our Immigration Barristers Can Help

Our team of business immigration barristers has experience in assisting employers and skilled workers across a variety of industries in companies of all sizes. Our barristers can help UK and overseas businesses to ensure that overseas workers can be temporarily seconded to the UK as part of a high value contract or investment. Our business immigration barristers can also assist UK employers to obtain the right sponsor licence, maintain their licence at the highest rating and comply with their sponsor duties.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to employers and employees as part of a professional and friendly service.