How do I Apply for a UK Secondment Worker Visa?
The UK Secondment Worker Visa is a type of UK Global Business Mobility visa. This particular type of visa is aimed at overseas workers temporarily seeking to come to the UK. You must be involved in a high-value investment or contract in order to be eligible for this visa.
The key requirement for a Secondment Worker visa is that your current overseas employer and an eligible UK sponsor must have entered into a high-value contract. It is only then that your UK sponsor can back you for the visa.
You must also meet a wide range of other requirements to be eligible. These pertain to your age, employment history, the status of the employer, and other areas.
If you want to apply for this type of visa, the Secondment Worker visa solicitors at the London-based Adam Bernard’s law office can help you. Our immigration lawyers will work with you to ensure that you meet all the requirements before you file the visa application.
Here is a look at the key requirements you must fulfil to be eligible for the UK Secondment Worker visa:
- You must be at least 18 or above
- You must have worked with your overseas employer for a cumulative duration of at least 12 months. You are exempt from this requirement if you are seeking an extension to your Secondment Worker visa for the same sponsor.
- Your overseas employer and your UK sponsor must have a contract worth at least £50 million. This contract must have been registered with the Home Office by the UK sponsor. The annual contractual transactions must be at least £10 million.
- Your UK sponsor must have provided you with a Certificate of Sponsorship for the specific job you intend to undertake in the UK.
- The job you intend to do in the UK must be genuine and skilled to RQF Level 6 at least.
- You must have ready and available cash funds to support yourself during the first month of your stay in the UK. This is to ensure that you won’t have to resort to the use of public funds.
In addition to these requirements, you may have to meet other conditions to be eligible for the visa. Our Secondment Worker Visa solicitors can help you understand these requirements and fulfil them to ensure that your visa application is complete. You can consult some of the best immigration solicitors in London at our law office.
Overseas Work Requirements for the Secondment Worker Visa
Before you apply for the visa, you must fulfil certain minimum requirements regarding your job with the overseas employer. You must have previously been working for the employer and your total work history must be at least 12 months.
You must have acquired this 12-month history without any notable breaks. Any breaks caused by maternity or paternity leaves, legal industrial actions, sick leaves, or adoption leaves are exempt.
You are altogether exempt from meeting this overseas work requirement if you have been previously granted a Secondment Worker visa for the same sponsor. In this case, you are not required to meet the 12-month overseas work requirement to reapply for the same sponsor.
If you are not sure whether or not you qualify for an exemption, you can consult our immigration lawyers. Here at the London-based Adam Bernard’s law office, we have some of the best immigration solicitors in London who can offer detailed advice and guidance.
What is the Genuine Job Requirement?
One of the key requirements of this visa is that you must prove your intended role in the UK to be a genuine job. This involves proving the following:
- The job you intend to undertake exists
- This job has not been fraudulently created
- This job has not been created solely for you
- You will not perform any paid activity for someone who is not your UK sponsor once you are in the UK
The Home Office will consider your application and the documents attached to it to see whether or not your intended role meets the ‘Genuine Job’ requirement.
In doing so, the Home Office will also look at your qualifications and experience. It will then consider the requirements of the job, and see if you genuinely fit the role. If there is a disparity between your capabilities and the job requirements, the Home Office may turn down the visa application.
You can consult an immigration solicitor UK to help you prove on your visa application that you intend to occupy a genuine job in the UK.
Job Skill Requirements for Global Business Mobility Visa
When applying for the Secondment Worker visa, the job you plan to do in the UK must meet a minimum level of skill requirement. The Home Office maintains a comprehensive list of jobs that meet the Global Business Mobility eligibility criteria. You can check this list to see whether or not your job is included in it.
In general, your sponsor can second you for a job that has a skill level of RQF Level 6. This is equivalent to graduate-level skills. You don’t need to have a graduate degree for the job, but your overall skills and qualifications must match the requirements of the job.
Even if the occupation code for which your sponsor is seconding you is on the Home Office list, your visa application can be refused. This is possible if the Home Office determines that the occupation code on your Certificate of Sponsorship does not match your skills, experience, and qualifications.
So your sponsor needs to decide on an eligible occupation code that also matches your work credentials. A Secondment Worker visa solicitor can offer legal advice and guidance on the job skill level requirement. With the help of an immigration solicitor UK, you can ensure that you fulfil this requirement.
Certificate of Sponsorship (CoS)
A Certificate of Sponsorship (CoS) is issued by a Licensed Sponsor in the UK. It confirms that the sponsor is seconding you for a job in the UK. The certificate also notes other important details regarding your job and the contract that qualifies under Home Office rules.
Your CoS must be issued by a Licensed Sponsor who is A-rated on the Home Office’s list. The CoS must contain the following details:
- It must have a valid date of issue. The issue date must be no more than three months before the visa application.
- It must not have been used in a previous application or cancelled by the sponsor or the Home Office.
- It must indicate your name, the role you are to occupy in the UK, and your annual salary for the role.
- It must confirm that your overseas employer and UK sponsor have a contract worth at least £50 million that has been registered with the Home Office.
- The CoS must also confirm that you have a cumulative work history of at least 12 months with your overseas employer
The CoS notes your occupation code as well as basic details about your work history. It plays a vital role in the outcome of your visa application.
You can consult our Secondment Worker visa solicitors on how best to improve your chances of success with the right CoS. Our immigration lawyers offer detailed guidance on how to obtain a CoS.
You are expected to start receiving your salary by the end of your first month in the UK. So the Home Office requires you to show available cash funds to support yourself for one month.
Specifically, you must show that you have £1,270 available. This amount must have been with you for at least 28 days out of the 31 days before the date of your visa application. An immigration solicitor UK can help you meet this requirement.
If your UK sponsor agrees to fund your first month in the UK, you are exempt from this requirement. In this case, the sponsor must show the availability of at least £1,270 and note this on the Certificate of Sponsorship.
You may also have to pay additional fees if you want to bring any dependents to the UK. We have some of the best immigration solicitors in London who offer advice in this regard.
After Getting the Secondment Worker Visa
Once your visa application is approved, you are granted a UK visa for 1 year from the starting date of the job. Alternatively, the duration of the visa is the period noted on the CoS plus another 14 days. Of these, the briefer period will apply in determining the expiry date of your visa.
Unlike many other UK Global Business Mobility visas, you can apply for a visa extension in this case. An extension allows you to continue working as a secondment worker in the UK for another 12 months. You can’t apply for an extension a second time.
If you have obtained other GBM visas, this can impact your ability to get an extension. Our immigration lawyers can advise you on whether or not you can seek an extension. You can consult some of the best immigration solicitors in London at our law office.
Why Choose Adam Bernard’s Global Business Mobility Visa Solicitors?
The visa application process for a UK Secondment Worker visa can be daunting. You have to coordinate with your overseas employer and your UK sponsor to make sure you have the relevant documentation. You must also meet certain obligations and requirements.
Here at the London-based Adam Bernard’s law office, our immigration lawyers have extensive experience in handling visa cases. We have some of the best immigration solicitors in London who can advise you on how best to proceed with your application to improve your odds of success.
With the help of an experienced immigration solicitor UK, you can ensure that your application is free from any errors or omissions. This can result in a quick decision for your visa.
Call us today at 0207-100-0505 to discuss your case with an immigration solicitor UK at our office.. You can also schedule a free consultative session.