UK Secondment Worker Visa: Global Business Mobility Route

Before making a Secondment worker visa application you should ensure you meet the criteria for this temporary worker visa. The secondment worker visa is a points-based system visa and you will also need to be awarded a total of 40 points – equally split between two categories – sponsorship and the job requiring an appropriate skill level.

Points are awarded based on the following criteria and you must fulfil the requirements in order to gain enough to have your application approved:

• You are currently employed by an overseas company that has a valid high-value contract with a UK sponsor
• You must have worked for this employer for at least 12 months before applying for the visa
• Your will have to hold a job that is on the official list of eligible occupations produced by the Home Office.
• You will need to have a certificate of sponsorship from your UK sponsor- the certificate must have the eligible job detailed on the document and explain the job role fully – the most appropriate occupation code must be given. If the relevant occupation code mentioned is not included – then your application will be refused
• Have evidence that the job you are undertaking is completely genuine – your UK sponsor must demonstrate there is a real need for you to come to the UK to work
• The job you undertake is at RQF Level 6 or higher (ie it must be graduate level or be suitable for very skilled workers)
• Being financially independent while in the UK without having to rely on UK public funds.
• Being able to provide a negative TB test if requested – this depends on which country you are traveling from
• Have a strong command of the English Language (in reading, writing, speaking and listening)
• Be aged at least 18 years of age when submitting your UK visa application

A key part of being given a UK Secondment Worker visa is that you will need to be sponsored by a Home Office approved employer who is authorised to sponsor workers.

This means the business be already on the register of licensed sponsors to be able to to add Secondment Workers to their existing licence. Alternatively, they must be willing to apply for the right sponsor licence. Once the Home Office has given permission of sponsor duties, then the UK based employer can assign a valid Certificate of Sponsorship to any prospective overseas workers.

The sponsor licence under the global business mobility routes, must show there is a link with an employer overseas that will send workers to the UK.

For the UK Secondment Worker route, the immigration system requires the sponsor to have an investment or high value contract for goods or services with an overseas business worth at least £10 million per annum and for not less than £50 million if the contract lasts for 5 years. If there is no end date for the contract, then the contract still needs to be worth £50 million over the first five years – this is referred to as the ‘eligible contract requirement’.

UK Secondment Worker Visa Minimum Salary Requirements

Unlike other UK visas, such as the skilled workers visa there is no minimum secondment worker salary requirement for UK employers to fulfil. However, it is expected that the secondment worker will receive a wage that is comparable to the industry standard or a existing employee in the same role.

The income provided by your UK sponsor can be used to prove that your financially independent while staying in the country.

The Secondment worker visa application requires supporting documents to be submitted – failure to include the right evidence could result in delays or possible refusal. In many cases it be may worth seeking the advice of immigration lawyers and having your paperwork checked to ensure your application is processed without any problems.

You will need to submit the following documents when applying for your Secondment Worker Visa:

• Certificate of Sponsorship reference number – this will be provided by your UK employer
• A valid passport or other official document which proves your identity and nationality
• Job title and job occupation code – this will be on your certificate of sponsorship
• The name of the sponsor and their sponsor licence number – this will be provided on your certificate of sponsorship
• Evidence of adequate personal savings or funds to support yourself when you arrive in the UK to work
• Tuberculosis test results if you are migrating from a listed country

You will also have to provide evidence that you have worked for your overseas employer for at least 12 months before applying for the UK visa. The Home Office may wish to see the following documents:

• Printed payslips
• Online payslips and a letter from your sponsor that has been signed by a senior staff member of the overseas business.
• Bank or building society statements or passbook
• Evidence you have worked for your employer overseas

If you are coming to the UK under a Global Business Mobility Visa route and will be working in a research sensitive subject that is at PhD level or higher then you will need to provide a copy of a valid ATAS certificate as well.

Depending on your circumstances you may not have to pay the application fee associated with a Secondment Worker Visa as in many cases your UK sponsor may be willing to cover the fees themselves.

However, if UK based employers are not willing to cover the cost then you will need to pay an application fee of £340.

In addition you will be required to pay the costs of access the National Health Service during your time working in the UK. This currently costs £1035 per year and your Secondment Worker Visa application will not be processed until this fee is paid.

Remember, the Immigration Health Surcharge only covers a limited range of medical treatment and you will still be required to pay for some services, including prescriptions, dental treatment and eye tests.

How to Apply for a Secondment Worker Visa

You must apply online for a Secondment Worker Visa and you will need to ensure you have the correct documents to hand. You can use the UK Immigration: ID Check app to scan documents.

One of the key parts of the application for the UK Secondment Worker Visa is being able to prove your identity and it is possible you will be asked to attend a visa application centre in order to be given a biometric residence permit and have a face-to-face interview.

Depending on which country you currently live in, you may be asked to travel to another country to attend the appointment and they may request to keep your identity documents while your application is processed.

It is possible to bring your partner and dependent children to the UK if you are a secondment worker visa holder. However, your dependent partner and offspring need to meet the following criteria:

• your spouse, civil partner or unmarried partner – you must have been in a “genuine” relationship for at least two years
• your child under 18 – including if they were born in the UK during your stay
• your child over 18 if they’re currently in the UK as your dependant

You’ll need to provide evidence of your relationships when you make your application.

Any dependents applying to come to the UK with a Secondment Worker must be in the country on the date of application and must not have or have last been granted leave as a Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker or a Domestic Worker in a Private Household.

In addition, dependants will have to provide ID documents and prove they have access to sufficient funds during their time in the UK. They will also have to pay an application fee and the health surcharge.

The timescale for processing your Secondment Worker route visa can vary significantly depending on which country you apply from and if you have failed to include the correct documents. Remember you need to ensure that any evidence submitted as part of your application need to be in English or Welsh – otherwise you must provide a certified translated copy.

If you are applying from within the UK then it could up to 8 weeks for a decision to be made. If you making an application from overseas then the average processing timescale is around 3 weeks.

It is possible to pay for priority fast track services but you will be required to pay an additional fee – although this does speed up the process significantly.

UK Secondment Worker Visa Duration, Extensions & Limits

The length of a Secondment Worker Route can vary depending on your role and how long you will need to be assisting employers in the UK. The Secondment Worker Visa is issued under a temporary worker sponsor licence so does not cover a permanent job opportunity.

The most common durations for a Secondment Worker Visa are usually for 12 months after the start date of your job or for a specific length of time as included on your Certificate of Sponsorship

It is possible to apply to extend the visa if you require more time to complete the task given by your UK sponsor. However, the longest time you can stay in the UK on a Secondment Worker Visa is two years.

UK Secondment Worker Visa Contract Value and Duration Requirements

A key part of the Secondment Worker visa is the contract between your overseas employer and the UK-based sponsor. There are strict requirements that must be met for your application to be accepted.

If the eligible contract between the two parties lasts up to five years, it must be worth at least £50 million in total. Contracts lasting a shorter period must be worth at least £10 million per year.

If the contract does not have a specified end date, it must be worth at least £50 million for the first five years.

In addition, the contract can not be for less than 12 months or more than five years in length, and the Home Office must have approved the UK sponsor.

If you are in the UK on a Secondment Worker visa, you can switch to another visa. The visa you can transfer to depends on your personal circumstances, and you must meet all requirements of the new visa route.

Potential visas you could switch to from a UK Secondment Worker visa include:

• Skilled Worker visa – if you have a job offer from an approved sponsor licence and it will meet the minimum income threshold
• Scale-up visa – if you gain employment with an approved fast-developing UK-based company
• Senior or Specialist Worker – if you are temporarily assigned to a UK branch of your existing employer’s business.

If you wish to switch to another visa, it is important to do so before your current visa expires.

To apply for a new visa, you must provide sufficient documentation to support your application. If you change your employer or job role, you will need to provide a new Certificate of Sponsorship.

If you are switching to another Global Business Mobility route, it is important that you do not exceed the five years allowed in total. When switching to a Skilled Worker visa, the time spent in the UK on the Secondment Worker visa will not count towards the five-year qualifying period needed for Indefinite Leave to Remain.

Are you looking for help switching to another UK immigration route? Then contact London Immigration Lawyers on 0204 502 8582 today for tailored advice.

Sponsor Compliance and Responsibilities under the Secondment Worker Visa Route

All sponsors of Secondment Workers must ensure they comply with their responsibilities otherwise, they risk losing their Home Office approval or possible financial penalties.

When using overseas workers, all employers must hold a valid Sponsor Licence and they have set obligations, including:

• Appointing key personnel to oversee and manage sponsored workers
• Keeping up-to-date records of sponsored staff
• Use the Home Office Sponsorship Management System (SMS) to report any
• changes to their business, such as a new location or owner
• Inform the Home Office if a sponsored worker leaves their employment
• Ensure right-to-work checks are carried out
• Comply with UK immigration and employment law

Companies found not meeting their responsibilities could have their licence downgraded, which means they may not be able to sponsor new workers until improvements have been made. This is usually the approach if a business is found to have committed minor breaches.

However, the Home Office can opt to revoke a licence if it suspects more serious instances of non-compliance. If employers lose their licence, they can not sponsor any more staff, and their existing sponsored workers will have their right to work in the UK removed.

Employers who have their Sponsor Licence revoked must wait at least 12 months before they can reapply for a new licence and be able to issue Certificates of Sponsorship to qualifying workers.

It is possible to extend a UK Secondment Worker visa, but there are strict criteria for doing so.

To qualify for an extension, you will need to ensure the following applies:

• Your current Secondment Worker visa has not expired
• Extending your visa will not take you beyond the five-year time limit
• You are still working on the same approved contact and have the same employer on your current Certificate of Sponsorship

You will be required to provide supporting documentation when applying for an extension.

This can include:

• Updated Certificate of Sponsorship
• A letter from your employer explaining the need to extend your employment in the UK
• Proof of identity, such as a valid passport

To apply for the extension, you must complete the online form at gov.uk and pay the required Secondment Worker fee of £340,

The decision on whether to allow the extension can take around 8 weeks, and you may need to attend an interview or provide further documentation, which could add to this time.

Any dependents who accompanied you to the UK will need to apply to extend their visa, as it will not be done automatically. They will also be required to pay the fee and any associated costs, such as the Immigration Healthcare Surcharge.

It is important to apply to extend your visa well in advance of your current one expiring, otherwise you risk overstaying, which could have a long-term impact on any future immigration plans.

Visa Refusal, Administrative Review & Appeals

There are several reasons why your visa may be rejected or refused, and it is important to understand why, as this will determine your next steps.

Some of the most common reasons for a visa being refused include:

• Failure to include the correct documentation
• Not sufficiently meeting the correct contract value thresholds
• Unable to demonstrate that you meet the financial requirements
• Concern about the legitimacy of the role and the offer of employment

The Home Office will provide information on why your application has been denied and tell you if you can appeal the decision via an administrative review. There are strict deadlines, so if you wish to appeal a decision, you should make sure you do it within the specified time limit. This is usually 14 days if you are in the UK and 28 days if you are overseas.

If you are seeking to appeal the decision, you may wish to seek advice from an immigration specialist on whether to continue or submit a new application.