The UK Secondment Worker visa, a subcategory of the Global Business Mobility route, is designed to facilitate the temporary transfer of skilled employees from multinational companies to their UK branches or entities. This visa is specifically for assignments related to high-value contracts or investments worth at least £50 million. While it doesn’t lead directly to UK settlement, it offers a streamlined process for businesses to access global talent and for employees to gain valuable international experience.
UK Secondment Worker Visa GMB 2024: Expert Guidance
Table of Contents
1. What is the Secondment Worker Visa?
The UK Secondment Worker visa is a temporary work visa that allows employees of overseas companies to be transferred to the UK for a specific period to work on a high-value contract or investment. This visa falls under the broader Global Business Mobility (GBM) category, designed to facilitate the movement of skilled workers within multinational companies.
What is a Secondment?
A secondment refers to a temporary assignment where an employee is transferred from their usual place of work to another location, often within the same organization or group of companies. In the context of the Secondment Worker visa, this assignment is to a UK branch or affiliate of the overseas company. This transfer is typically linked to a high-value contract, which is defined as a contract worth at least £50 million, or a high-value investment project.
Key Features of the Secondment Worker Visa
The Secondment Worker visa is distinct from other types of work visas because it focuses on temporary assignments rather than permanent relocation. It’s designed for specific projects or periods of knowledge transfer, not for long-term employment in the UK. Unlike visas like the Skilled Worker visa, the Secondment Worker visa does not lead to settlement (indefinite leave to remain) in the UK. However, it can be a stepping stone for individuals who wish to explore other UK visa options in the future.
Key features of the Secondment Worker visa include:
- Temporary:
- Designed for specific projects or assignments.
- High-value:
- Linked to contracts or investments worth at least £50 million.
- No direct path to settlement:
- Does not automatically lead to permanent residency.
- Flexible:
- Allows for work, study, and voluntary activities.
- Family-friendly:
- Dependent partners and children can join the applicant.
The Secondment Worker visa provides a valuable opportunity for both businesses and employees to benefit from international collaboration and knowledge transfer.
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2. Who is Eligible for the Secondment Worker Visa?
Eligibility for the UK Secondment Worker Visa is a multi-faceted process, requiring both the applicant and the sponsoring UK company to meet specific criteria. Let’s delve into the eligibility details:
Applicant Requirements:
- Employment: The applicant must be an existing employee of an overseas company that has a high-value contract with a UK sponsor. This contract should be worth at least £50 million and should be registered with the Home Office.
- Work Experience: The applicant must have been employed by the overseas company or a linked entity outside the UK for at least 12 months immediately before the date of application. This requirement does not apply to workers who are already in the UK under the Secondment Worker visa and are applying for an extension to stay with the same sponsor.
- Age: The applicant must be 18 years or older.
Sponsorship Requirements:
- Licensed Sponsor: The UK company sponsoring the applicant must hold a valid Global Business Mobility sponsor licence.
- Genuine Vacancy: The job offered to the applicant must be a genuine vacancy that was not created primarily for immigration purposes.
- Eligible Occupation: The job must be on the list of eligible occupations and be at or above RQF Level 6 (graduate level equivalent).
- Certificate of Sponsorship (CoS): The applicant must receive a valid Certificate of Sponsorship (CoS) from their sponsor, which outlines the job details, salary, and other pertinent information.
Additional Requirements:
- Tuberculosis Test: Applicants from countries listed in Appendix T who have lived there for more than six months may need to provide a tuberculosis test certificate as part of their visa application.
- Financial Maintenance: Financial maintenance is a key requirement for the visa. Applicants must prove they can support themselves financially in the UK, typically by showing they have maintained a minimum of £1,270 in savings for 28 consecutive days prior to applying. However, if the sponsor is providing financial backing, this requirement is waived.
By meeting these eligibility criteria, both the applicant and the sponsoring company can ensure a smooth and successful application process for the UK Secondment Worker visa.
Please note: The above information is based on current regulations. Immigration rules are subject to change, so it is always advisable to confirm the latest requirements with official sources.
3. How to Apply for the Secondment Worker Visa
The application process for the UK Secondment Worker visa involves several key steps and requires specific documentation. Here’s a breakdown of the process:
UK Secondment Worker Visa Application Process
- Certificate of Sponsorship: The first step is for the UK employer to assign a Certificate of Sponsorship (CoS) to the applicant through the Sponsorship Management System (SMS). The CoS is a unique reference number that confirms the details of the job offer, including the job title, salary, and duration of the secondment.
- Online Application: Once the CoS is assigned, the applicant can proceed with the online application. They will need to create an account on the UK Visas and Immigration (UKVI) website and complete the application form.
- Supporting Documents: Along with the application form, the applicant must submit several supporting documents, including:
- A valid passport or travel document
- Proof of employment with the overseas company (e.g., employment contract, payslips)
- Evidence of the high-value contract or investment
- Tuberculosis test results (if applicable)
- Proof of financial maintenance (unless the sponsor is providing support)
- Biometrics Appointment: After submitting the online application, the applicant will need to book an appointment at a visa application center to provide their biometric information (fingerprints and photograph).
- Decision: The Home Office will process the application and make a decision. Processing times can vary, but it typically takes around three weeks for applications made outside the UK and eight weeks for applications made inside the UK.
- Visa Issuance: Successful applicants will be issued a visa. Those who applied from outside the UK will receive a vignette (sticker) in their passport, while those who applied from within the UK will receive a Biometric Residence Permit (BRP).
Application Fees:
The application fees for the Secondment Worker visa vary depending on whether you are applying from inside or outside the UK and the length of your stay. You can find the most up-to-date fees on the UK government website.
Additional Notes:
- It’s crucial to ensure that all information provided in the application is accurate and supported by documentary evidence.
- The Home Office may request additional information or documents during the processing of the application.
- It’s advisable to seek professional guidance from an immigration lawyer or advisor to ensure a smooth and successful application process.
By understanding the application process and requirements, you can increase your chances of obtaining a UK Secondment Worker visa and embarking on your temporary work assignment in the UK.
4. What to Expect After Applying
After applying for the UK Secondment Worker visa, the applicant can expect the following:
Decision Timelines:
- Processing times vary depending on whether the application is made from inside or outside the UK.
- Applications made from outside the UK typically take around three weeks to process.
- Applications made from within the UK usually take around eight weeks.
Conditions of the Visa:
- Work Restrictions: The visa holder can only work for the sponsoring employer in the job specified on their Certificate of Sponsorship. They cannot undertake any other employment unless it falls under the permitted activities for their visa category.
- No Access to Public Funds: Visa holders are not eligible to access public funds, such as benefits or social housing.
- Study: Visa holders are allowed to study in the UK, as long as it does not interfere with their work commitments.
- Other Activities: Visa holders can engage in voluntary work and other permitted activities.
Switching to Other Visa Categories:
- The Secondment Worker visa is a temporary visa and does not lead directly to settlement (indefinite leave to remain) in the UK.
- However, it is possible to switch to another visa category, such as the Skilled Worker visa, if the eligibility requirements of that category are met.
It’s important to note that these are general guidelines, and the specific conditions and processing times may vary depending on individual circumstances. It’s always recommended to consult with an immigration lawyer or advisor for personalized advice.
5. Responsibilities of the Sponsor
UK businesses interested in sponsoring Secondment Workers must fulfill several key responsibilities to ensure compliance with immigration regulations and the successful integration of the secondee into their UK operations.
- Obtaining a Sponsor Licence: The first step is to obtain a Global Business Mobility sponsor licence from the Home Office. This involves demonstrating that the company is a genuine business with the capacity to meet its sponsorship duties. The sponsor must also have a registered contract with the overseas business that is sending the secondee.
- Issuing a Certificate of Sponsorship (CoS): Once licensed, the sponsor must assign a CoS to the secondee through the Sponsorship Management System (SMS). The CoS is a unique reference number that confirms the details of the job offer, including the job title, salary, and duration of the secondment.
- Monitoring and Reporting Duties: Sponsors have ongoing responsibilities to monitor the secondee’s employment and ensure they are complying with the conditions of their visa. This includes keeping records of the secondee’s contact details, work location, and salary. Sponsors must also report any significant changes to the secondee’s employment or circumstances to the Home Office.
- Supporting the Secondee: Sponsors are expected to provide support to the secondee during their stay in the UK. This can include assistance with finding accommodation, opening a bank account, and understanding local laws and customs. Sponsors should also ensure that the secondee is aware of their rights and responsibilities as a migrant worker in the UK.
By fulfilling these responsibilities, sponsors can ensure a smooth and successful secondment experience for both the company and the employee. It’s important to note that failure to comply with sponsorship duties can lead to sanctions, including the suspension or revocation of the sponsor licence.
6. Benefits and Drawbacks of the Secondment Worker Visa
The UK Secondment Worker visa offers distinct advantages for both businesses and employees, but it’s important to consider its limitations and potential alternatives.
Benefits for Businesses:
- Access to Specialized Skills: Companies can temporarily bring in highly skilled employees with specific expertise to work on complex projects or provide specialized services.
- Knowledge Transfer: Secondment facilitates the exchange of knowledge and best practices between the UK and overseas branches, fostering innovation and collaboration.
- Cost-Effective: It can be a more cost-effective solution than hiring and training new staff in the UK, especially for short-term projects.
- Flexibility: The visa allows for temporary assignments, providing businesses with the agility to respond to changing project needs.
Benefits for Employees:
- International Experience: Secondees gain valuable experience working in a different country and culture, enhancing their professional development.
- Career Advancement: The opportunity to work on high-profile projects can boost an employee’s career prospects.
- Networking: Secondees can build relationships with colleagues and clients in the UK, expanding their professional network.
Limitations and Challenges:
- Temporary Nature: The visa is designed for short-term assignments and does not lead to permanent settlement in the UK.
- Limited to High-Value Contracts: The visa is only available for secondments linked to high-value contracts or investments, which may not be suitable for all businesses.
- Administrative Burden: The application process can be complex and time-consuming for both the sponsor and the secondee.
Alternatives to Consider:
- Other Global Business Mobility Routes: Depending on the specific circumstances, other GBM routes like the Senior or Specialist Worker visa or the UK Expansion Worker visa might be more appropriate.
- Skilled Worker Visa: If the employee wishes to work in the UK long-term, the Skilled Worker visa might be a better option, as it offers a pathway to settlement.
It’s crucial to carefully weigh the benefits and drawbacks of the Secondment Worker visa and explore alternative options to determine the best fit for your specific needs and goals.
7. FAQs: UK Secondment Worker Visa
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What is the difference between a Secondment Worker and a Senior or Specialist Worker?
While both visas fall under the Global Business Mobility route, the key difference lies in the nature of the work assignment. Secondment Workers are specifically assigned to the UK for a high-value contract or investment, whereas Senior or Specialist Workers are transferred to fill a senior management or specialist role within the UK branch of their overseas employer.
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Can I bring my family with me on a Secondment Worker visa?
If your partner and children meet the specific requirements, they can certainly join you in the UK. They’ll need to apply for separate visas and provide documentation confirming their relationship to you and their financial support.
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Can I switch to a different visa category while on the Secondment Worker visa?
While the Secondment Worker visa does not directly lead to settlement in the UK, it is possible to switch to another visa category, such as the Skilled Worker visa, if you meet the eligibility requirements of that category.
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What happens if my employer’s sponsorship license is revoked while I am in the UK on this visa?
It’s important to note that if your sponsor’s license is revoked, you’ll be notified and have a limited opportunity to either find a new sponsor or adjust your visa category. If you’re unable to secure these arrangements within the given timeframe, leaving the UK will be your only option.
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Can I apply for an extension of my Secondment Worker visa?
Yes, you can apply for a one-year extension if you continue to meet the eligibility requirements and the total duration of your stay does not exceed two years.
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What are the financial requirements for the Secondment Worker visa?
As part of the financial requirement for your visa, you must demonstrate that you have held funds of £1,270 or more for a continuous 28-day period before submitting your application. However, this requirement is waived if your sponsor is providing financial support for your stay.
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Do I need to take a tuberculosis test before applying for this visa?
Applicants who have resided in a country listed in Appendix T of the immigration rules for longer than six months leading up to their application must obtain and submit a valid tuberculosis test certificate.
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Is there an English language requirement for the Secondment Worker visa?
Although no English language requirement is explicitly mentioned in the eligibility criteria of the reference document, it’s crucial to contact UK Visas and Immigration (UKVI) for the latest information, as immigration regulations are subject to change.
For further details please refer to Immigration Rules Appendix Global Business Mobility routes.