UK Secondment Worker Visa - Eligibility, Documents needed, & Application Process

The UK Secondment Worker visa is a sub-category of Global Business Mobility (GBM) worker route. The UK Secondment Worker visa allows a foreign worker to undertake temporary work assignments in the UK. This means the worker is being seconded (temporarily assigned) to the UK to do an eligible job for a different organisation as part of a high-value contract/investment arrangement by their employer overseas.

Secondment Worker is a person who is applying for, or has been granted, entry clearance to the UK or permission to stay here on the Secondment Worker route, or who the employer is sponsoring or intends to sponsor on the Secondment Worker route.

Dependants (partners and children) are permitted to apply for this route. However, this visa does not lead to ILR (Indefinite Leave to Remain) or permanent settlement in the UK. 

Who needs to be sponsored on the Secondment Worker visa? 

An employer will need to sponsor any overseas national (including most EU, EEA, and Swiss nationals who entered the UK after 31 December 2020) they wish to employ if the worker is not a settled worker or does not otherwise have immigration permission to work for them in the UK. 

On the other hand, certain categories of workers, including Irish citizens, people who have been granted status i.e Settled Status or Pre-settled Status under the EUSS (EU Settlement Scheme), or people with settlement (indefinite leave to enter or remain in the UK), are not required to be sponsored.

Validity requirements for the Secondment Worker route

The applicant applying to obtain entry clearance to the UK or permission to stay here on the Secondment Worker route must apply online on gov.uk using the specified application form. 

Applicants applying from outside the UK will have to apply using the “Global Business Mobility visa” form, and applicants applying from inside the UK will have to apply using the form “Global Business Mobility”.

An application for obtaining entry clearance to the UK or permission to stay here on the Secondment Worker route must fulfil all the following requirements:

• The applicant must be 18 or over at the time of their application.

• Any visa application fee and IHS (Immigration Health Surcharge) must have been paid; 

• The applicant must have enrolled their biometric information when required. 

• The applicant must have given a valid passport/other travel document to establish their nationality and identity.

• The applicant must have a CoS (Certificate of Sponsorship) issued to them no more than 3 months before the date of their application;

• If the applicant for the Secondment Worker visa route has, in the last 12 months prior to the date of their application, received an award from an International Scholarship agency or Government covering their fees as well as living costs for study in the UK, they must submit written consent along with the application from that agency or Government.

The person applying for permission to stay (update, switch to, or extend) as a Secondment Worker must, on the date of application, be in the UK.

A person cannot apply to switch to the GBM – Secondment Worker visa if they are currently in the UK on:

• A UK visitor visa

• A UK short-term student visa

• A UK Parent of a Child Student visa

• A UK Seasonal Worker visa

• A UK domestic worker in a private household visa

• Outside the Immigration Rules.

Anyone in the UK with one of the above visas must leave the UK and apply for a UK Secondment Worker visa from abroad.

The applicant applying to switch to this route who currently has, or last had, permission as a student, must satisfy one of the following:

• They have completed the course of study they were sponsored for; or

• The start date of their job is after their course has finished; or

• They have studied a full-time course for a PhD for at least 24 months

Any application for the Secondment Worker route that fails to meet all the validity conditions (listed above) may be rejected as invalid and not considered. 

Suitability requirements for the GBM – Secondment Worker route

The applicant must not fall for refusal under the Immigration Rules - Part Suitability.

Those applying for permission to stay must not be:

(a) in breach of UK immigration laws, except that where the section called “Exceptions for overstayers” under the Immigration Rules - Part Suitability applies; or

(b) on immigration bail.

Eligibility requirements for a Secondment Worker

The applicant seeking permission to come to the UK as a Secondment Worker must apply for and obtain entry clearance before arriving in the UK.

Further, the applicant must be an existing employee of an overseas organisation that has a high-value contract with the worker’s Home Office-approved UK sponsor, get a CoS (Certificate of Sponsorship) from their employer, have worked for their employer overseas, and have been assigned to the UK to do an eligible job. 

1. Points requirement

The applicant must be awarded 40 points as follows.

• 20 points will be awarded for Sponsorship; and

• 20 points will be awarded for a job at an appropriate skill level

2. Genuineness requirement

For an entry clearance or permission to stay application, the UKVI must be satisfied that the applicant genuinely intends to undertake the role described on the CoS (Certificate of Sponsorship) and is capable of undertaking this role described on the CoS 

The applicant must also have no intention to undertake employment other than in the role their sponsor is sponsoring them for, or as otherwise permitted within the conditions of the grant.

On the other hand, the applicant will not be awarded 20 points for sponsorship if the decision makers have reasonable grounds to believe that the job role they are being sponsored for does not exist, is a sham, or has been created primarily so the worker can apply for this route.

Applicants who have been assigned a CoS for a role that is not genuine will have their application refused, and it is also likely that the employer’s sponsor licence may be revoked. 

3. Financial requirements

The applicant must have £1,270 or more (held for a 28-day period) on the date of application, or their sponsor must confirm on the CoS that they will, if necessary, maintain and accommodate the applicant for the first month of their employment for the amount of £1,270 or more.

Those who, on the day they apply, have been residing in the UK with a valid UK visa for at least 12 months are not required to show proof of this fund.

4. Certificate of sponsorship requirement

The applicant must have received a CoS (Certificate of Sponsorship) from their employer, who must be a licensed and A-rated sponsor, unless they were last granted permission on the Secondment Worker route, and are applying to continue doing the job for the same sponsor as in their last permission.

The CoS must confirm the applicant’s name, their job details, that they are being sponsored as a Secondment Worker, and other details. 

A CoS stays valid for 3 months starting from the date it is assigned to the applicant.

5. Overseas Work Requirement 

The applicant must fulfil the overseas work requirement unless they:

1. are applying for permission to stay; and

2. have, or last had, permission as a Secondment Worker; and

3. are applying to continue working for the same sponsor as in their last permission.

The applicant will fulfil the overseas requirement where they:

1. are currently working for or, in other words, are an existing employee of an overseas business that has a high-value contract worth at least £50 million with the worker’s UK Home Office-approved sponsor; and

2. have worked outside the UK for their overseas employer for a cumulative period of at least 12 months.

Documents Required

The applicant will be required to provide: 

• Their CoS reference number – this will be given by their sponsor 

• Their occupation's code, job title, and annual salary

• Their employer’s name and sponsor licence number, which will be mentioned on their CoS

• their valid passport or other travel document showing their identity and nationality 

• evidence such as bank statements that show the applicant has sufficient savings to support themselves in the UK

• Proof of their TB (Tuberculosis) test results if they are from a country where they have to take this test

Other documents the applicant might need 

The applicant may be required to submit a valid ATAS (Academic Technology Approval Scheme) certificate if their employer tells them that they need one because their job involves researching a sensitive subject at PhD level or higher.

The applicant might be asked to give evidence showing that they have worked for their overseas employer outside the UK for a minimum of 12 months in total. 

If the applicant is asked to show that their employer has paid them over this time period, they can give documents, such as printed or online payslips, a building society passbook, or bank or building society statements.

The UKVI may ask the applicant to provide additional documents. 

Any documents not in English or Welsh must be submitted with a certified translation.

Applying for an entry clearance on the Secondment Worker route

The applicant must apply online, and no more than 3 months before the day they are due to start work in the UK. This date is listed on their CoS (Certificate of Sponsorship).

Those who have a Secondment Worker visa and whose job changes to a different occupation code will need to apply to update their Secondment Worker visa. Their sponsor must still be the same. 

They will have to prove their identity as part of their Secondment Worker visa application. Depending on their nationality, they will have their biometric information (fingerprints and facial photograph) taken at a VAC (Visa Application Centre) or they can use the ‘UK Immigration: ID Check’ app to scan their identity document – they will also create their UKVI (UK Visas and Immigration) account or sign into their existing UKVI account.

On the appointment date, the applicant will need to carry their passport to the VAC. They will be able to collect it the same day.

Pay the visa fee and the IHS (Immigration Health Surcharge)

The applicant will need to pay the visa application fee of £319 plus an immigration health charge, which is usually £1,035 per year.

Provide the documents

The applicant can upload their documents along with their online application or have them scanned at the VAC (if attending an appointment to enrol their biometrics). 

Applying to switch to (permission to stay) the Secondment Worker route

The applicant must apply online from within the UK before their current UK visa expires.  

They will have to prove their identity as part of their visa application. Depending on where they are from and what type of passport they hold they will have their biometric information (fingerprints and facial photograph) taken at a UKVCAS (UK Visa and Citizenship Application Service) service point or they can use the ‘UK Immigration: ID Check’ app to scan their identity document – they will also create their UKVI (UK Visas and Immigration) account or sign into their existing UKVI account.

On the appointment date, if applicable, the applicant will need to carry their passport to the UKVCAS. They will be able to collect it the same day.

Pay the visa fee and the IHS (Immigration Health Surcharge)

The applicant will need to pay the visa application fee of £319 plus an immigration health charge, which is usually £1,035 per year.

Provide the documents

The applicant can upload their documents along with their online application or have them scanned at the UKVCAS (if attending an appointment to enrol their biometrics).

Getting a decision on an application for a Secondment Worker visa

After having applied online, proving identity, and providing the documents, the applicant will normally get a decision on their application for entry clearance within 3 weeks, and those who have applied for permission to stay on this route will normally get a decision within 8 weeks.

If the application is complex and will take longer, they will be contacted, for example, because:

• UKVI needs to verify the documents of the applicant

• The applicant is required to attend an interview

• of the applicant’s personal circumstances (for example, if they have a criminal conviction)

If the decision maker is completely satisfied that the applicant has fulfilled all the suitability and eligibility criteria for the Secondment Worker visa, the application will be approved; otherwise, the application will be refused. 

Validity of the visa if the application for entry clearance or switching to the Secondment Worker route is approved

With a Secondment Worker visa, a person is permitted to stay in the UK for 12 months or the time given on their CoS plus 14 days, whichever is shorter.

The maximum total stay (including extension of 12 months) in the UK allowed for a Secondment Worker visa is 2 years.

Applying for family members (partner and children)

The Secondment Worker’s partner (husband/wife or civil partner) and children (aged under 18 - including if they were born in the UK during the worker’s stay in the UK or children aged over 18 if they currently have permission (‘leave to enter’ or ‘remain’) to be in the UK as the lead applicant’s dependant), can apply to join them (entry clearance) or stay (permission to stay) in the UK as their ‘dependants’. They must be eligible to apply as dependents.  

The lead applicant must give documentary evidence of their relationship with their dependent partner and dependent children. For example, a marriage/civil partnership certificate for the partner and a birth certificate for a child.

Once the visa application as a dependent partner and dependent child is approved, their visa will usually end on the same date as the primary applicant. A child’s visa will end on the earlier date if their parents' visa expiry dates are different. 

The partner and children applying as dependents must also have enough money to support themselves in the UK.

The applicant - or their partner or child - will need:

• £285 for their partner

• £315 for one child

• £200 for each additional child

How can Visa and Migration help?

We offer our service in helping businesses looking to assign Secondment Workers to the UK for temporary work assignments as part of their high-value contract with a UK organisation, as well as Secondment Worker visa applicants. 

If you are a business looking to employ overseas workers for Secondment Worker route, our immigration lawyers can help you with ensuring that you have a high-value contract with the sponsoring worker’s employer overseas, applying for and obtaining a sponsor licence for employing/sponsoring a overseas worker on this route, and if you are already an approved sponsor, we make sure that you offer and eligible job at the required skill level, conduct the right-to-work check before starting the employment, and fulfil your other sponsor duties before, during, and after sponsoring a Secondment Worker to maintain your sponsor status, A-rating, and ability to assign further Cos’s.

On the other hand, if you are applying as a Secondment Worker for entry clearance, update this visa, switch to this route, or extend this visa, we help you in assessing if you are eligible, and ensuring you have worked for your overseas employer outside the UK for 12 months or more in total, fulfil the eligibility and suitability requirements for this visa, have a valid CoS, make a valid application, provide the necessary documents, and ensure that any visa refusal is handled appropriately. 

We also help you apply for your family members to join you or stay with you in the UK on the Secondment Worker route.

For expert advice and queries, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com