Do you intend to temporarily transfer an employee from an overseas company to the UK for a specific project or assignment? Or are you an employee eager to gain international experience and expertise in a new market? The Secondment Worker Visa may be an ideal option, as it provides a streamlined solution for employers and employees. It enables businesses to share knowledge, skills, and expertise across borders. This visa category temporarily allows companies to second employees to the UK, providing a unique opportunity for professional growth, knowledge transfer, and collaboration. This guide provides an overview of the Secondment Worker Visa, including its eligibility criteria, application process, and other crucial information.
Overview of Secondment Worker Visa
The UK Secondment Worker Visa is a part of the UK’s Global Business Mobility (GMB) route. It allows employers to temporarily second foreign workers to the UK as part of a high-value investment or contract. Unlike other GMB routes, which frequently reform and replace older routes, the Secondment Worker Visa is designed to promote trade and boost the UK economy. International businesses often use this visa to place staff in UK branches or partner organisations without making a permanent relocation.
The Secondment Worker Visa supports overseas firms looking to collaborate on major projects or investments in the UK. Also, it facilitates knowledge transfer, training, and coordination between overseas and UK businesses. You are allowed to bring your dependents (including partner and children under 18 or over 18 years of age who are already in the UK as dependents) to the UK. This visa is initially valid for 12 months with the possibility of an additional 12 months, totalling a maximum stay of 2 years. While the Secondment Worker Visa does not lead to permanent residency in the UK, you can switch to another visa that does.
Who Can Apply for a Secondment Worker Visa?
To qualify for a Secondment Worker Visa, the employees must meet the following requirements:
- Be 18 years of age or over.
- Be employed by an overseas business with a high-value contract of at least £50 million with a UK sponsor.
- Must have worked for a cumulative 12 months outside the UK with an overseas employer unless you’re renewing your visa with the same sponsor.
- Be assigned to work for a UK business (while remaining employed by the overseas company) on a contract or investment that justifies the secondment.
- Have a valid Certificate of Sponsorship (CoS) from a licensed UK sponsor.
- Be employed for a job on the eligible occupations list for the Secondment Worker route.
- Provide your Tuberculosis (TB) test result certificate (if applicable).
Application Process for Secondment Worker Visa
The UK-based company intending to sponsor an overseas employee must issue them a Certificate of Sponsorship (CoS) no more than 3 months before the visa application date. The following are the specific steps an employee can take to secure a Secondment Worker Visa to enter the UK:
- Obtain a Certificate of Sponsorship (CoS).
- Apply online for the Secondment Worker Visa through the UK government website using your CoS reference number.
- Provide necessary documents to support your application.
- Submit digital copies of your fingerprints and passport (biometric information).
- Pay the relevant visa application fees.
- Await a decision after submitting your visa application.
- Expect a decision on your application, usually within 3 weeks, for applications submitted outside the UK. Or 8 weeks for in-country applications.
Secondment Worker Visa Responsibilities
Employers and employees need to fulfil the following responsibilities in securing and maintaining the Secondment Worker Visa:
Employer Responsibilities
As an employer seeking to sponsor overseas workers under the Secondment Worker Visa, the responsibilities you must fulfil include the following:
- Have a sponsor licence under the Global Business Mobility Secondment Worker category.
- Have a contract with the overseas employer registered with the Home Office that is worth at least £50 million.
- Assign the overseas employee a valid Certificate of Sponsorship (CoS), including their job contracts and other details.
- Report to the Home Office if the employee’s circumstances change, such as absences or early contract termination.
- Maintain HR systems to track and record employee information.
Employee Responsibilities
Employees seeking to join a UK-based company through the Secondment Worker Visa must fulfil various responsibilities, including:
- Meet the eligibility requirements and have a valid Certificate of Sponsorship (CoS).
- Perform the authorised job only for the sponsoring employer.
- Comply with UK immigration laws and leave the UK before your visa expires, unless you switch to a different eligible UK visa.
- Inform your sponsor and the Home Office of any changes in your circumstances, including employer or contact details.
Can I Switch to Another UK Visa from a Secondment Worker Visa?
You can switch a Secondment Worker Visa to other eligible UK Visa types. However, it depends on the specific visa type you’re switching to and whether you meet its eligibility requirements. Some of these UK visas include:
- Skilled Worker Visa.
- Innovator Founder Visa.
- Global Talent Visa.
Common Challenges of a Secondment Worker Visa
Employees can encounter common challenges in obtaining the Secondment Worker Visa, including the following:
- Incomplete documentation: Applicants may not have all the necessary documents to support their visa application. You may seek professional support from an immigration lawyer to help you gather the required documents for your visa application.
- Sponsor licence delays: Delays in obtaining a sponsor licence pose a great challenge, as you can’t work for an employer that doesn’t have it. Your employer should apply and get a sponsor licence early to assign you a Certificate of Sponsorship (CoS), with which you can apply for the Secondment Worker Visa.
- Contract value issues: The qualifying contract between UK-based and overseas businesses must meet the minimum threshold. The contract must be worth up to the required £50 million; your application for a Secondment Worker Visa will be denied if it falls short of this amount.
Conclusion
The Secondment Worker Visa offers a significant advantage for global businesses working or partnering with UK companies. It provides employers with a structured and compliant way to bring in skilled overseas talent without long-term immigration commitments, and offers employees professional development and international experience. To navigate the Secondment Worker Visa route, including obtaining a sponsor licence and planning for secondment, consider consulting a UK immigration lawyer for professional guidance.
