Secondment Worker

The Secondment Worker visa route is a new route for overseas workers who are undertaking temporary work assignments in the UK, where the worker is being seconded to the UK as part of a high-value contract or investment by their employer overseas.

A Secondment Worker can come to the UK for up to one year initially, with the option to extend their stay by up to a further year. Two years is the maximum continuous period a person can stay in the UK on this route. Secondment Workers are also subject to the maximum cumulative
period for the GBM routes.

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 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.

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 sponsor group 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.

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 that 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 that was either granted or refused and has not been withdrawn by the sponsor or cancelled by the Home Office.

Secondment Worker Job 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 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.

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.

Secondment Worker Salary Requirement

UK-based employers that are authorised by the Home Office to sponsor a Secondment Worker under the Global Business Mobility Visa: Secondment Worker route does 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).

Secondment Worker Visa English Language Requirement

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

Switching to Secondment Worker Route

If you currently have to leave to remain in the UK in another immigration category, you may extend your stay by switching into the Global Business Mobility – Secondment Worker 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.

Maximum time on Secondment Worker Route

If your application for a Global Business Mobility – Secondment Worker Visa is successful, you will be able to extend your stay in the UK up to a maximum period of 5 years in any 6 year period.

When calculating the period of time spent on the route 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.

Secondment Worker Visa

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.

Call Our Immigration Advisers

Our team of business immigration advisers has experience in assisting employers and skilled workers across a variety of industries in companies of all sizes. Our solicitors 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 advisers can also assist UK employers to obtain the right sponsor licence, maintaining their licence at the highest rating and comply with their sponsor duties.