Global Business Mobility – Secondment Worker

Introduction of the New Global Business Mobility routes

The Global Business Mobility routes are a new category of sponsored routes for overseas businesses seeking to establish a presence in, or transfer staff to, the UK for specific business purposes.

There will be five new routes that correspond to different assignment types which are listed below:

Below you will find the detailed information on one of them.

Global Business Mobility – Secondment Worker

A. General overview

The Global Business Mobility – Secondment Worker route is 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.

B. Immigration requirements

A person seeking to come to the UK as a Secondment Worker must apply for and obtain entry clearance as a Secondment Worker before their arrival in the UK.

A person applying for entry clearance as a Secondment Worker must provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

C. Points requirement for a Secondment Worker

The applicant must be awarded 40 points based on the table below:

Points requirements

Points

Sponsorship

20

Job at an appropriate skill level

20

D. Overseas Work requirement for a Secondment Worker

The applicant must meet the overseas work requirement unless the applicant:

(a) is applying for permission to stay; and

(b) has, or last had, permission as a Secondment Worker; and

(c) is applying to continue working for the same sponsor as in their last permission.

The overseas requirement will be met where the applicant:

(a) is currently working for an overseas business that has a contract with the sponsor that has been registered with the Home Office by the sponsor; and

(b) has worked outside the UK for that overseas business for a cumulative period of at least 12 months.

In the 12 months’ work outside the UK can have been accumulated over any period provided that:

(a) the applicant was continuously working for the overseas businesses, whether in or out of the UK, from the start of the 12 months to the date of application; and

(b) any breaks in the continuous work in SEC 7.3.(a) were only for the following reasons:

(i) statutory maternity, paternity, parental, or shared parental leave; or

(ii) statutory adoption leave; or

(iii) sick leave; or

(iv) assisting with a national or international humanitarian or environmental crisis, with the agreement of the sponsor group; or

(v) taking part in legally organised industrial action.

E. Financial requirement for a Secondment Worker for the main applicant

If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.

If the applicant is applying for entry clearance or has been living in the UK for less than 12 months on the date of application either:

(a) the applicant must have funds of at least £1,270; or

(b) the applicant’s A-rated sponsor must confirm on the Certificate of Sponsorship that they will, if it is necessary, maintain and accommodate the applicant up to the end of the first month of their employment up to a maximum amount of £1,270.

The applicant must show that they have held the required level of funds for a 28-day period and as set out in Appendix Finance.

F. Maximum length of assignments requirement for a Secondment Worker

The grant of permission must not lead to the applicant being granted cumulative periods of permission on the Global Business Mobility routes and the Intra-Company routes totalling more than 5 years in any 6-year period.

G. Period and conditions of visa as a Secondment Worker

The grant will be subject to all the following conditions:

(a) no access to public funds; and

(b) the only work permitted is:

(i) the job for which the applicant is being sponsored; and

(ii) voluntary work; and

(iii) working out a contractual notice period, where the applicant was lawfully working in that job in the UK on the date of application; and

(c) study is permitted, subject to the ATAS condition in Appendix ATAS; and

(d) the applicant will be required to register with the police.

Permission will be granted for a period which is the shortest of the following: (a) 1 year after the start date of the job detailed in the Certificate of Sponsorship; or

(b) 14 days after the end date of the job detailed in the Certificate of Sponsorship; or

(c) the date at which the applicant will have had a continuous permission as a Secondment Worker totalling 2 years.

(d) the date at which the applicant will have had cumulative permission on the Global Business Mobility routes and Intra-Company routes totalling 5 years in any 6-year period.

H. Dependant Partner (“partner”) and dependent child (“child”) of a Secondment Worker

A person seeking to come to the UK as a partner or child must apply for and obtain entry clearance as a partner or child of a Secondment Worker before they Page 105 of 202 arrive in the UK.

A person applying for entry clearance as the partner or child of a Secondment Worker must provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

The applicant must be the partner of a person (P) where one of the following applies:

(a) P has permission on the Global Business Mobility – Secondment Worker route; or

(b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Global Business Mobility – Secondment Worker route.

If the applicant and their Secondment Worker partner are not married or in a civil partnership, all of the following requirements must be met:

(a) they must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application; and

(b) any previous relationship of the applicant or their Secondment Worker partner with another person must have permanently broken down; and

(c) the applicant and their Secondment Worker partner must not be so closely related that they would not be allowed to marry or form a civil partnership in the UK.

The relationship between the applicant and their Secondment Worker partner must be genuine and subsisting.

The applicant and their Secondment Worker partner must intend to live together throughout the applicant’s stay in the UK.

The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:

(a) the parent applying for or with entry clearance or permission to stay as a Secondment Worker or as the partner of a Secondment Worker is the sole surviving parent; or

(b) the parent applying for or with entry clearance or permission to stay as a Secondment Worker or as the partner of a Secondment Worker has sole responsibility for the child’s upbringing; or

(c) the parent who does not have permission as a Secondment Worker:

(i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and

(ii) is or will be ordinarily resident in the UK; or

(d) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission on the Global Business Mobility - Secondment Worker route.

The child must be under the age of 18 on the date of application, unless they were last granted permission as the child of their parent or parents.

If the child is aged 16 or over at the date of application, they must not be leading an independent life.

I. Financial requirement for a partner or child of a Secondment Worker

If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.

The required funds are: (a) £285 for a partner in the UK or applying for entry clearance; and

(b) £315 for the first child in the UK or applying for entry clearance; and (c) £200 for any other child in the UK or applying for entry clearance.

The funds must have been held for a 28-day period and as specified in Appendix Finance.

J. Settlement Prospects

The Global Business Mobility – Secondment Worker route is not a route to settlement.

K. Administrative Review (Entry clearance and extension applications)

If the entry clearance or extension application is refused by the ECO in the British Diplomatic post or by the Home Office, the applicant will be given a right to make a request for a review of the decision that must be exercised within 28 days of the date of service of the decision if application was submitted outside the UK or 14 days if application is made inside the UK. The applicant will only be able to rely on the information/documents already submitted with the application and will not be allowed to provide or submit any fresh evidence with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

What services can we offer?

  • We can advise on the procedure of making the Secondment Worker Visa application in line with the sponsorship certificate
  • We can assess the job and the applicant`s details and advise on the likelihood of the applicant being sponsored under the Secondment Worker Visa
  • We can advise and represent our clients in making their leave to remain/entry clearance applications in line with the certificate of sponsorship
  • We can advise and represent our clients’ dependants to seek dependant visas in line with the visa of the main applicant.
  • We can make a request for an administrative review if the applicant`s application is refused for some reason

Whatever the case, we are here to assist, advise and represent our clients in relation to any aspect of their immigration matters.

Still have questions?

Contact us