Applicants must have been working for the overseas business outside the U.K. for a cumulative period of at least 12 months. This is the second part of a two-part article on this visa category
The Global Business Mobility Secondment Worker visa is for overseas workers who are on temporary assignments in the U.K. The worker must be seconded to the U.K. as part of a high value contract or investment by their employer overseas.
A worker must meet the validity, suitability and eligibility requirements.
The validity requirements are similar to the requirements for most points-based system routes under the new immigration system. The applicant must submit a valid visa application and pay the required application fee, Immigration Health Surcharge (if applicable), enrol their biometrics, submit their documents and have an assigned certificate of sponsorship issued no more than three months before the date of application. Those who are eligible to do so can apply using the U.K. Immigration: ID check app.
You can switch into this route provided you were not last here on a short-term visa such as a visitor, seasonal worker or short-term student.
The applicant must not fall for refusal under the grounds for refusal in Part 9 of the Immigration Rules. If applying for permission to stay, they mustn’t be in breach of immigration laws except for the usual paragraph 39E (which contains exceptions for overstayers) and they must not be on immigration bail.
Overseas work requirement
For entry-clearance applications, the applicant must be working for the overseas business outside the U.K. for a cumulative period of at least 12 months.
This requirement does not apply to anyone submitting an application for permission to stay, if they are extending their visa in the route and are continuing to work for the same sponsor in their last grant of permission.
Applicants are not required to submit evidence with their application, but the Home Office reserve the right to ask for it. As these applications are typically time sensitive, you may wish to submit the evidence anyway to avoid any delays. Evidence includes payslips and, if these are issued electronically, a payslip authentication letter on letterheaded paper.
Skill level requirement
The applicant must be sponsored in a graduate-level role (at RQF Level 6) from Appendix Skilled Occupations and it must be eligible for the Global Business Mobility routes.
The sponsor is warned in the Immigration Rules at paragraphs SEC 6.1 to SEC 6.6 that they must select an appropriate code and shouldn’t choose a less appropriate code because it is eligible for the route. The sponsor is informed that they could be subject to scrutiny by the decision-maker who may consider whether there is a genuine need for the role as well as the applicant’s skills, qualifications and experience. They may also review the sponsor’s previous track record of compliance.
Finally, the applicant must genuinely intend to perform the role they are being sponsored to do.
The Home Office can subjectively assess the entire application, request more documents, ask questions and cause delays.
Cost of a Global Business Mobility secondment worker visa
There is no Immigration Skills Charge, which is a relief to sponsors. If the worker is applying for entry clearance for a period of less than six months, they will also be exempt from the Immigration Health Surcharge.
For an entry-clearance application for a duration of less than 6 months, fees are currently as follows:
- Application fee: £259
- Certificate of Sponsorship: £21
- Any priority processing fees: Approx. £250
Note that there has been a recent announcement reporting a hike in immigration fees.
Successful Global Business Mobility secondment worker visas
Those applying for entry-clearance will get an approval email and a 90-day visa sticker. The worker must travel to the U.K. before that period is up and will most likely travel to arrive in line with the start date stated on their CoS and as per the U.K. sponsors timeline for completion of the work.
After arriving, if the length of stay is more than six months, the worker will be issued with a Biometric Residence Permit. Anyone applying using the U.K. Immigration app will receive digital immigration status instead of a physical permit. If applying for permission to stay, what they’ll get will usually depend on their nationality and whether they had a BRP before.
The U.K. sponsor should complete a right to work check before the worker’s first day of employment as stated on their Certificate of Sponsorship.
Length of a Global Business Mobility secondment worker visa
An applicant will be issued a visa for either one year or, if the secondment is less than one year, the length of the job duration stated on the certificate of sponsorship plus 14 days. It is possible to extend but only up to a total period of two years. An applicant cannot be granted cumulative periods of permission on the Global Business Mobility visa routes totalling more than five years in any six-year period.
It is important to check whether the worker has had previous permission on any of the Global Business Mobility visa routes, as this will determine how long they can be granted for.
Workers on all Global Business Mobility visa routes will only ever have temporary permission to be in the U.K., unless they switch into a route that does permit settlement.
For expert advice and assistance, please contact the Visa Kings Global’s team who will be happy to provide you with the latest information relevant to your requirements.