The UK Secondment Worker Visa: The Eligibility Requirements

The UK Secondment Worker Visa: The Eligibility Requirements

This article is part of the ‘Global Business Mobility’ series, which provides a detailed summary of the UK Secondment Worker Visa route.

There are 2 parts, which cover the following topics:

Part 1:

What is the Purpose of the UK Secondment Worker Visa?

When Can You Apply?

3 Requirements to Satisfy

The Validity Requirements

The Suitability Requirements

 

Part 2:

The Eligibility Requirements

Points-Based Requirements

20 points for Sponsorship for a Secondment Worker

20 Points for a Job at Appropriate skill level for a Secondment Worker

Non-Points-Based Requirements

The Decision

 

This is part 2. You can jump to part 1 HERE.

 

The Eligibility Requirements

The UK Secondment Worker visa application is a points-based system application. There are point-based and non-point-based requirements that you need to meet to succeed in the UK Secondment Worker Visa application.

 

Points-Based Requirements

You’ll need to score 40 points to succeed in the application:

Points requirements	Points
Sponsorship	20
Job at an appropriate skill level	20

20 points for Sponsorship for a Secondment Worker

First of all, they are specific rules regarding

• a Certificate of Sponsorship
• the Sponsor
• Genuineness

which you need to comply with.

 

A Certificate of Sponsorship

A Certificate of Sponsorship needs to be valid.

For it to be valid, it should not be withdrawn by the Sponsor or cancelled by the Home Office and confirm:

1. your name
2. the fact that you are being sponsored as a Secondment Worker
3. details of the job
4. your salary (it has to comply with the Nationality Minimum Wage requirements)
5. that you worked outside the UK for the overseas business for a cumulative period of at least 12 months
6. on which of the Sponsor’s contracts you’ll work. This contract has to be registered with the Home Office. You need to have a contract (registered with the Home Office) with an overseas business, which expressly stipulates that you’ll be a Secondment Worker for the overseas business.
7. Whether or not Appendix ATAS applies. If it does, you need to provide a valid ATAS certificate with the application.

 

The Sponsor

The Sponsor has to be A-rated, on the register of licensed sponsors with a licence to sponsor you as a Secondment Worker.

If your Sponsor is not A-rated, the Home Office will still accept your application, you already applied as a Secondment Worker before, and you intend to work with the same Sponsor.

 

Genuineness

Job

The Home Office will also check that:

1. Your job does exist
2. It is not a sham job
3. And that this job has not been created purely for the purposes of obtaining a visa to the UK.

3^rd Party

4. You are not hired to a 3^rd party (not your Sponsor) to fill a position with that 3^rd party, whether temporarily or permanently.
5. You do not work to undertake an ongoing routine role or provide an ongoing routine service for a 3^rd party (not your Sponsor). This is regardless of the nature or length of any arrangement between the Sponsor and the 3^rd

 

20 Points for a Job at Appropriate skill level for a Secondment Worker

Your job has to have a unique code on a list of Appendix Skilled Occupations. It has to be eligible for the Global Business Mobility routes.

An Appropriate Occupation Code

When applying, you’ll need to convince the decision maker that this is the most appropriate code and that the Sponsor has not chosen a less appropriate code because the most relevant job was not eligible for the Global Business Mobility routes.

The decision maker will do this by ensuring that:

1. there is a genuine need for the job
2. you have the appropriate skills, qualifications and experience for this job
3. your Sponsor has a satisfactory history of compliance with the immigration system including, but not limited to, paying its sponsored workers appropriately; and

The Sponsors are welcome to make representations supporting your application, which the Home Office should duly consider.

 

Non-Points-Based Requirements

There are 3 non-points-based requirements:

1. Overseas Work requirement
2. Financial requirement
3. Maximum length of assignments requirement

Overseas Work requirement for a Secondment Worker

This requirement does not apply if you

(a) are applying for permission to stay (in the UK); and

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

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

 

You’ll meet the requirement if you:

(a) are currently working for an overseas business and have a contract, which your Sponsor registered with the Home Office; and

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

The continuity will not be interrupted for the following reasons:

1. statutory maternity, paternity, parental, or shared parental leave; or statutory adoption leave; or
2. sick leave; or
3. assisting with a national or international humanitarian or environmental crisis, with the agreement of the sponsor group; or
4. taking part in legally organised industrial action.

 

Financial Requirement for a Secondment Worker

Unless an A-rate Sponsor chooses to sponsor you, you need to prove that you had at least £1,270 in your bank account for at least 28-days before making your application.

 

Maximum Length of Assignments Requirement for a Secondment Worker

You cannot remain in the UK on the UK Secondment Worker Visa for more than 5 years in any 6-year period.

When calculating the cumulative periods, the decision maker will include the following:

1. all previous periods of permission on the Global Business Mobility routes; and
2. all previous periods of permission on the Intra-Company routes; and
3. if you do not currently hold permission on a Global Business Mobility route, any permission you could be granted under this application, beginning on the start date of the job stated on the Certificate of Sponsorship; and
4. if you are applying for permission to stay and have, or last had permission on the Global Business Mobility routes, any permission you could be granted under this application, beginning on the date of decision; and
5. any period of permission on the Global Business Mobility routes and the Intra-Company routes extended under section 3C of the Immigration Act 1971.

 

The Decision

How Long Will It Take to Process Your Application?

It depends on where you are applying from. If you are applying from outside the UK, you should expect to get your decision within 3 weeks.

The UK processing time is usually 8 weeks.

 

Period

If you scored 40 points and met all non-points-based requirements for the application, the decision maker will grant your visa 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 you will have had continuous permission as a UK Secondment Worker totalling 2 years; or

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

 

Legal Remedies

If the decision is unfavourable, you’ll have no right of appeal, but you can apply for Administrative Review.

 

Conditions

What You Can Do:

You can:

• work only for the Sponsor named in our Certificate of Sponsorship
• study
• invite your spouse and children (under 18) to join you in the UK
• volunteer
• travel abroad and return to the UK

 

What You Cannot Do:

You cannot:

• claim benefits
• work for other employers (unless you update your visa)
• settle (apply for indefinite leave to remain in the UK)

 

You can read part 1 HERE.