The Global Business Mobility routes are for workers based outside the UK who are undertaking a temporary work assignment in the UK as a Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier or Secondment Worker.
Appendix Global Business Mobility – Senior or Specialist Worker
The Global Business Mobility – Senior or Specialist Worker route is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is a senior manager or specialist employee and is being assigned to a UK business linked to their employer overseas. This type of assignment is often called an intra-company transfer or ICT.
A partner and dependent children can apply to come to the UK on this route.
The Global Business Mobility – Senior or Specialist Worker route is not a route to settlement.
Validity requirements for Global Business Mobility – Senior or Specialist Worker (“Senior or Specialist Worker”)
- SNR 1.1. A person applying for entry clearance or permission to stay as a Senior or Specialist Worker must apply online on the gov.uk website on the specified form as follows:
- (a) for applicants outside the UK, form “Global Business Mobility visa”; or
- (b) for applicants inside the UK, form “Global Business Mobility”.
- SNR 1.2. An application for entry clearance or permission to stay as a Senior or Specialist Worker must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must have a Certificate of Sponsorship that was issued to them by their sponsor no more than 3 months before the date of application.
SNR 1.3. The applicant must be aged 18 or over on the date of application.
SNR 1.4. An applicant applying for entry clearance or permission to stay as a Senior or Specialist Worker who has received an award from a Government or international scholarship agency in the 12 months before the date of application which covers both fees and living costs for study in the UK, must have provided written consent to the application from that Government or agency.
- SNR 1.5. An applicant applying for permission to stay must be in the UK and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a Domestic Worker in a Private Household; or
- (f) outside the Immigration Rules.
SNR 1.6. An application which does not meet all the validity requirements for a Senior or Specialist Worker is invalid and may be rejected and not considered.
Suitability requirements for a Senior or Specialist Worker
SNR 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- SNR 2.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a Senior or Specialist Worker
Entry requirements for a Senior or Specialist Worker
SNR 3.1. A person seeking to come to the UK as a Senior or Specialist Worker must apply for and obtain entry clearance as a Senior or Specialist Worker before their arrival in the UK.
SNR 3.2. A person applying for entry clearance as a Senior or Specialist Worker must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Points requirement for a Senior or Specialist Worker
SNR 4.1. The applicant must be awarded 60 points based on the table below:
Points requirements | Relevant rules | Points |
---|---|---|
Sponsorship | SNR 5.1. to SNR 5.9. | 20 |
Job at an appropriate skill level | SNR 6.1. to SNR 6.7. | 20 |
Salary at required level | SNR 7.1. to SNR 9.3. | 20 |
Points for Sponsorship for a Senior or Specialist Worker
- SNR 5.1. The applicant must have a valid certificate of sponsorship for the job they are planning to do, which to be valid must:
- (a) confirm the applicant’s name, that they are being sponsored as a Senior or Specialist Worker, details of the job, salary and any allowances the sponsor is offering them (if applicable) and PAYE details if HM Revenue and Customs (HMRC) requires income tax and national insurance for the sponsored job to be paid via PAYE; and
- (b) include a start date for the job, stated by the sponsor, which is no more than 3 months after the date of application; and
- (c) not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made void or withdrawn); and
- (d) not have been withdrawn by the sponsor or cancelled by the Home Office; and
- (e) unless the applicant is applying as a high earner, confirm that the applicant has worked outside the UK for the sponsor group for the period required at SNR 5.7.(b); and
- (f) confirm whether the Academic Technology Approval Scheme (ATAS) requirement in Appendix ATAS applies.
SNR 5.2. The sponsor must be authorised by the Home Office to sponsor a Senior or Specialist Worker.
SNR 5.3. The sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless the applicant was last granted permission as a Senior or Specialist Worker and is applying to continue working for the same sponsor as in their last permission.
SNR 5.4. The sponsor must have paid in full any required Immigration Skills Charge.
- SNR 5.5. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do:
- (a) does not exist; or
- (b) is a sham; or
- (c) has been created mainly so the applicant can apply for entry clearance or permission to stay.
- SNR 5.6. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do amounts to:
- (a) the hire of the applicant to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent; or
- (b) contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party.
- SNR 5.6A. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do does not comply with the National Minimum Wage Regulations or the Working Time Regulations.
- SNR 5.7. An applicant as a Senior or Specialist Worker must:
- (a) be currently working for the sponsor group; and
- (b) unless they are applying as a high earner must have worked outside the UK for the sponsor group for a cumulative period of at least 12 months.
- SNR 5.8. In SNR 5.7.(b) the 12 months’ work outside the UK can have been accumulated over any period provided that:
- (a) the applicant was continuously working for the sponsor group , whether in or out of the UK, from the start of the 12 months to the date of application; and
- (b) any breaks in the continuous work in SNR 5.8.(a) were only for the following reasons:
- (i) statutory maternity, paternity, parental, or shared parental leave; or
- (ii) statutory adoption leave; or
- (iii) sick leave; or
- (iv) assisting with a national or international humanitarian or environmental crisis, with the agreement of the sponsor group; or
- (v) taking part in legally organised industrial action; or
- (vi) jury service; or
- (vii) attending court as a witness.
SNR 5.9. If the requirements in SNR 5.1. to SNR 5.8. are met, the applicant will be awarded 20 points for sponsorship.
Points for job at appropriate skill level for a Senior or Specialist Worker
SNR 6.1. The applicant must be sponsored for a job in an occupation code listed in Appendix Skilled Occupations that is identified as eligible for the Global Business Mobility routes, unless the conditions at SNR 6.7. are met.
- SNR 6.2. The sponsor must have chosen an appropriate occupation code, and the decision maker must not have reasonable grounds to believe the sponsor has chosen a less appropriate occupation code for any of the following reasons:
- (a) the most appropriate occupation code is not eligible under the Global Business Mobility routes; or
- (b) the most appropriate occupation code has a higher going rate than the proposed salary.
- SNR 6.3. To support the assessment in SNR 6.2., the decision maker may, in particular, consider:
- (a) whether the sponsor has shown a genuine need for the job as described; and
- (b) whether the applicant has the appropriate skills, qualifications and experience needed to do the job as described; and
- (c) the sponsor’s history of compliance with the immigration system including, but not limited to, paying its sponsored workers appropriately; and
- (d) any additional information from the sponsor.
SNR 6.4. If the ATAS requirement in Appendix ATAS applies, the applicant must provide a valid ATAS certificate.
SNR 6.5. If the requirements in SNR 6.1. to SNR 6.4. are met, the applicant will be awarded 20 points for a job at the appropriate skill level, subject to SNR 6.6.
SNR 6.6. No points will be awarded for a job at the appropriate skill level if the applicant is not also being awarded 20 points for sponsorship under SNR 5.9.
Transitional arrangements for job at appropriate skill level for a Senior or Specialist Worker
SNR 6.7. If the applicant is applying for permission to stay and has, or last had, permission as a Senior or Specialist Worker for a job in any of the occupation codes listed in SNR 6.8, they can be sponsored to continue working in the same job for the same employer in that occupation code.
- SNR 6.8. The occupation codes referred to in SNR 6.7. are the following:
- (a) 3411 Artists; or
- (b) 3412 Authors, writers and translators; or
- (c) 3413 Actors, entertainers and presenters; or
- (d) 3414 Dancers and choreographers; or
- (e) 3422 Product, clothing and related designers.
Points for salary for a Senior or Specialist Worker
- SNR 7.1. The salary for the job for which the applicant is being sponsored must equal or exceed both:
- (a) the general salary requirement in SNR 8.1. and SNR 8.2. unless the conditions at SNR 8.3. are met; and
- (b) the going rate requirement in SNR 9.1. to SNR 9.3.
- SNR 7.2. Salary under these requirements includes only:
- (a) guaranteed basic gross pay (before income tax and including employee pension and national insurance contributions); and
- (b) allowances which are guaranteed to be paid for the duration of the applicant’s employment in the UK (such as London weighting) or are paid as a mobility premium or to cover the additional cost of living in the UK.
SNR 7.3. Where allowances under SNR 7.2.(b) are solely for the purpose of accommodation they will only be taken into account up to a value of 30% of the total salary package
- SNR 7.4. Salary does not include other pay and benefits, such as any of the following:
- (a) flexible working where the nature of the job means that hours fluctuate and pay cannot be guaranteed; or
- (b) additional pay such as shift, overtime or bonus pay, whether or not it is guaranteed; or
- (c) employer pension and national insurance contributions; or
- (d) any allowances, other than those specified in SNR 7.2.(b); or
- (e) in-kind benefits, such as equity shares, health insurance, school or university fees, company cars or food; or
- (f) one-off payments, such as ‘golden hellos’; or
- (g) any payments relating to immigration costs, such as the fee or Immigration Health Charge; or
- (h) payments to cover business expenses, including (but not limited to) travel to and from the applicant’s country of residence, equipment, clothing, travel or subsistence.
SNR 7.5. If the requirements in SNR 7.1. to SNR 7.4. are met, the applicant will be awarded 20 points for salary at the required level, subject to SNR 9.5.
SNR 7.6. No points will be awarded for salary if the applicant is not also being awarded 20 points for sponsorship under SNR 5.9.
General salary requirement for a Senior or Specialist Worker
SNR 8.1. If the applicant is being sponsored for a job in one of the occupation codes listed in Table 1 of Appendix Skilled Occupations, the general salary requirement is £45,800 per year, unless the conditions at SNR 8.3. are met.
SNR 8.2. If the applicant is being sponsored to work more than 48 hours a week, subject to SNR 8.2A, only the salary for the first 48 hours a week will be considered towards the general salary requirement.
For example, an applicant who works 60 hours a week for £15 per hour will be considered to have a salary of £37,440 (£15 x 48 x 52) per year and not £46,800 (£15 x 60 x 52). Transitional general salary requirement for a Senior or Specialist Worker
- SNR 8.2A. If the applicant is being sponsored to work a pattern where the regular hours are not the same each week, resulting in uneven pay:
- (a) work in excess of 48 hours in some weeks can be considered towards the salary threshold of £45,800, providing the average over a regular cycle (which can be less than, but not more than, 17 weeks) is not more than 48 hours a week; and
- (b) any unpaid rest weeks will count towards the average when considering whether the salary thresholds are met; and
- (c) any unpaid rest weeks will not count as absences from employment for the purpose of paragraph 9.30.1 in Part 9 of these rules.
- For example, an applicant who works a pattern of 60 hours a week for £20 per hour for two weeks, followed by an unpaid rest week, will be considered to work 40 hours a week on average and have a salary of just £41,600 (£20 x 40 x 52) per year.
SNR 8.3. The applicant does not need to meet the general salary requirement if the applicant is applying for permission to stay and was previously granted permission as a Tier 2 (Intra-Company Transfer) Migrant under the rules in force before 6 April 2011, or as a Work Permit Holder and since then has continuously had permission as a Senior or Specialist Worker (including any period of overstaying disregarded under paragraph 39E of these rules).
Going rate requirement for a Senior or Specialist Worker
SNR 9.1. If the applicant is being sponsored for a job in one of the occupation codes listed in Table 1 of Appendix Skilled Occupations, the going rate requirement is 100% of the pro-rated going rate, which will be calculated as follows:
1 x (the going rate for the occupation code stated in Table 1 of Appendix Skilled Occupations) x (the number of weekly working hours stated by the sponsor ÷ 37.5).
SNR 9.2. If the applicant is being sponsored for a job in one of the health or education occupation codes listed in Table 2 of Appendix Skilled Occupations, the going rate requirement is 100% of the pro-rated going rate (and the going rate will be pro-rated according to the number of weekly working hours stated by the sponsor, and the pro-rating set out in Appendix Skilled Occupations).
SNR 9.3. The applicant’s full weekly hours will be included when checking their salary against the going rate, even if they work more than 48 hours a week.
For example, an applicant who works 60 hours a week in an occupation code with a going rate of £37,500 must be paid £60,000 (1 x £37,500 x 60 ÷ 37.5) per year, not £48,000 (1 x £37,500 x 48 ÷ 37.5).
Financial requirement for a Senior or Specialist Worker
SNR 10.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
- SNR 10.2. If the applicant is applying for entry clearance or has been living in the UK for less than 12 months on the date of application either:
- (a) the applicant must have funds of at least £1,270; or
- (b) the applicant’s A-rated sponsor must confirm on the Certificate of Sponsorship that they will, if it is necessary, maintain and accommodate the applicant up to the end of the first month of their employment to an amount of at least £1,270.
SNR 10.3. If SNR 10.2.(a) applies, the applicant must show that they have held the required level of funds for a 28-day period and as set out in Appendix Finance.
Maximum length of assignments requirement for a Senior or Specialist Worker
SNR 11.1. If the applicant is applying as a high earner, the grant of permission must not lead to the applicant being granted cumulative periods of permission on the Global Business Mobility routes and Intra-Company routes totalling more than 9 years in any 10-year period.
SNR 11.2. If the applicant is not applying as a high earner, the grant of permission must not lead to the applicant being granted cumulative periods of permission on the Global Business Mobility routes and Intra-Company routes totalling more than 5 years in any 6-year period.
- SNR 11.3. When calculating the cumulative periods of permission referred to in SNR 11.1., SNR 11.2, and SNR 13.2. the following are included:
- (a) all previous periods of permission granted on the Global Business Mobility routes; and
- (b) all previous periods of permission granted on the Intra-Company routes; and
- (c) if the applicant does not currently hold permission in the Global Business Mobility routes, any permission they could be granted under the current application, beginning on the start date of the job stated on the Certificate of Sponsorship; and
- (d) if the applicant is applying for permission to stay and has, or last had, permission on the Global Business Mobility routes, any permission they could be granted under the current application, beginning on the date of decision; and
- (e) any period of permission on the Global Business Mobility routes and the Intra-Company routes extended under section 3C of the Immigration Act 1971.
Transitional arrangements for maximum length of assignments as a Senior or Specialist Worker
SNR 11.4. SNR 11.1. to SNR 11.3. do not apply and there is no maximum period of permission if the applicant is applying for permission to stay and was previously granted permission as a Tier 2 (Intra-Company Transfer) Migrant under the rules in force before 6 April 2011, or as a Work Permit Holder and since then has continuously had permission as a Senior or Specialist Worker (including any period of overstaying disregarded under paragraph 39E).
Decision for a Senior or Specialist Worker
SNR 12.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a Senior or Specialist Worker are met the application will be granted, otherwise the application will be refused.
SNR 12.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period and conditions of grant as a Senior or Specialist Worker
- SNR 13.1. The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) only the following work is permitted:
- (i) the job for which the applicant is being sponsored; and
- (ii) if the applicant is applying for permission to stay and was previously granted permission on the Intra-Company routes under the rules in force before 11 April 2022 and since then has continuously had permission as a Senior or Specialist Worker (including any period of overstaying disregarded under paragraph 39E), supplementary employment is permitted; and
- (iii) voluntary work is permitted; and
- (iv) working out a contractual notice period is permitted, where the applicant was lawfully working in that job in the UK on the date of application; and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED
- SNR 13.2. Subject to SNR 13.4., permission will be granted for a period which is the shortest of the following:
- (a) 5 years 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) if the applicant is applying as a high earner, the date at which the applicant will have had cumulative permission on the Global Business Mobility routes and Intra-Company routes totalling 9 years in any 10-year period; or
- (d) if the applicant is not applying as a high earner, the date at which the applicant will have had cumulative permission on the Global Business Mobility routes and Intra-Company routes totalling 5 years in any 6-year period.
SNR 13.3. If the applicant does not currently hold permission on the Global Business Mobility routes, any permission granted for the period between the date of decision and the start date of the job detailed in the Certificate of Sponsorship will be excluded from the cumulative permission for the purpose of determining the period of grant of permission under SNR 13.2. (but not from the cumulative period in SNR 11.3.).
Transitional arrangements for period of grant as a Senior or Specialist Worker
- SNR 13.4. If the conditions in SNR 13.5. are met, SNR 13.2. does not apply, and permission will be granted for a period which is the shortest of the following:
- (a) 5 years 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.
SNR 13.5. The conditions referred to in SNR 13.4. are the applicant is applying for permission to stay and was previously granted permission as a Tier 2 (Intra-Company Transfer) Migrant under the rules in force before 6 April 2011, or as a Work Permit Holder and since then has continuously had permission as a Senior or Specialist Worker (including any period of overstaying disregarded under paragraph 39E).
Dependent Partner (“partner”) and dependent child (“child”) of a Senior or Specialist Worker
Validity requirements for a partner or child of a Senior or Specialist Worker
SNR 14.1. A person applying for entry clearance or permission to stay as a partner or child of a Senior or Specialist Worker must apply online on the gov.uk website on the specified form as follows:
Applicant | Specified form |
---|---|
Applicants outside the UK | Dependant partner visa Dependant child visa |
Applicants inside the UK | Dependant partner Dependant child |
- SNR 14.2. An application for entry clearance or permission to stay as a partner or child of a Senior or Specialist Worker must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided either a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be applying as partner or child of a person who:
- (i) has made a valid application for entry clearance or permission to stay in the UK on the Global Business Mobility – Senior or Specialist Worker route that has not been decided; or
- (ii) has entry clearance or permission to stay on the Global Business Mobility – Senior or Specialist Worker route.
SNR 14.3. A person applying as a partner must be aged 18 or over on the date of application.
- SNR 14.4. A person applying for permission to stay as a partner or child of a Senior or Specialist Worker must be in the UK on the date of application and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a Domestic Worker in a Private Household; or
- (f) outside the Immigration Rules.
SNR 14.5. An application which does not meet all the validity requirements for a partner or child of a Senior or Specialist Worker is invalid and may be rejected and not considered.
Suitability requirements for a partner or child of a Senior or Specialist Worker
SNR 15.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- SNR 15.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a partner or child of a Senior or Specialist Worker
Entry requirement for a partner or child of a Senior or Specialist Worker
SNR 16.1. A person seeking to come to the UK as a partner or child must apply for and obtain entry clearance as a partner or child of a Senior or Specialist Worker before they arrive in the UK.
SNR 16.2. A person applying for entry clearance as the partner or child of a Senior or Specialist Worker must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Relationship requirement for a partner of a Senior or Specialist Worker
- SNR 17.1. The applicant must be the partner of a person (P) where one of the following applies:
- (a) P has permission as a Senior or Specialist Worker; or
- (b) P is, at the same time, applying for (and is granted) entry clearance or permission as a Senior or Specialist Worker.
- SNR 17.2. If the applicant and their Senior or Specialist Worker partner are not married or in a civil partnership, all of the following requirements must be met:
- (a) they must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application; and
- (b) any previous relationship of the applicant or their Senior or Specialist Worker partner with another person must have permanently broken down; and
- (c) the applicant and their Senior or Specialist Worker partner must not be so closely related that they would not be allowed to marry or form a civil partnership in the UK.
SNR 17.3. The relationship between the applicant and their Senior or Specialist Worker partner must be genuine and subsisting.
SNR 17.4. The applicant and their Senior or Specialist Worker partner must intend to live together throughout the applicant’s stay in the UK.
Relationship requirement for a child of a Senior or Specialist Worker
- SNR 18.1. The applicant must be the child of a parent who has, or is at the same time being granted permission:
- (a) on the Global Business Mobility – Senior or Specialist Worker route; or
- (b) as a partner on the Global Business Mobility – Senior or Specialist Worker route.
- SNR 18.2. The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:
- (a) the parent applying for, or with, entry clearance or permission to stay as a Senior or Specialist Worker or as the partner of a Senior or Specialist Worker is the sole surviving parent; or
- (b) the parent applying for or with entry clearance or permission to stay as a Senior or Specialist Worker or as the partner of a Senior or Specialist Worker has sole responsibility for the child’s upbringing; or
- (c) the parent who does not have permission as a Senior or Specialist Worker:
- (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
- (ii) is or will be ordinarily resident in the UK; or
- (d) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission on the Global Business Mobility – Senior or Specialist Worker route.
SNR 18.3. If the applicant is a child born in the UK to a Senior or Specialist Worker or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
Care requirement for a child of a Senior or Specialist Worker
SNR 19.1. If the applicant is aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK law.
Age requirement for a child of a Senior or Specialist Worker
SNR 20.1. The child must be under the age of 18 on the date of application, unless they were last granted permission as the dependent child of their parent or parents.
SNR 20.2. If the child is aged 16 or over at the date of application, they must not be leading an independent life.
Financial requirement for a partner or child of a Senior or Specialist Worker
SNR 21.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
- SNR 21.2. If the applicant is applying for entry clearance, or is applying for permission to stay and has not been in the UK for 12 months on the date of application, either:
- (a) funds of at least the amount required in SNR 21.3. must be held collectively by one or more of the following:
- (i) the applicant; and
- (ii) the Senior or Specialist Worker (P); and
- (iii) if the applicant is applying as a child, their parent who is lawfully present in the UK or being granted entry clearance, or permission to stay, at the same time; or
- (b) the sponsor of P must confirm on the Certificate of Sponsorship that they will, if necessary, maintain and accommodate the partner and/or any child, as well as P, up to the end of the first month of each of their permission, up to at least the amounts in SNR 21.3.
- (a) funds of at least the amount required in SNR 21.3. must be held collectively by one or more of the following:
- SNR 21.3. The required funds are:
- (a) £285 for a partner in the UK or applying for entry clearance; and
- (b) £315 for the first child in the UK or applying for entry clearance; and
- (c) £200 for any other child in the UK or applying for entry clearance.
SNR 21.4. If SNR 21.2.(a) applies, the funds held must be held in addition to any funds required for the Senior or Specialist Worker to meet the financial requirement and the funds required for any dependants in the UK or applying at the same time.
SNR 21.5. If SNR 21.2.(a) applies, the funds must have been held for a 28-day period and as specified in Appendix Finance.
Decision for a partner or child of a Senior or Specialist Worker
SNR 22.1. If the decision maker is satisfied that all the suitability and eligibility requirements are met for a partner or child of a Senior or Specialist Worker the application will be granted, otherwise the application will be refused.
SNR 22.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period of grant and conditions for a partner or child of a Senior or Specialist Worker
SNR 23.1. A partner will be granted permission which ends on the same date as the person who is their partner and has permission as a Senior or Specialist Worker.
SNR 23.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first.
- SNR 23.3. The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) work (including self-employment and voluntary work) permitted; except for employment as a professional sportsperson (including as a sports coach); and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED
Appendix Global Business Mobility – Graduate Trainee
The Global Business Mobility- Graduate Trainee route is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is on a graduate training course leading to a senior management or specialist position and is required to do a work placement in the UK. This type of assignment is often called an intra-company transfer- graduate trainee or ICT.
A dependent partner and dependent children can apply to come to the UK on this route.
The Global Business Mobility – Graduate Trainee route is not a route to settlement.
Validity requirements for a Global Business Mobility – Graduate Trainee (“Graduate Trainee”)
- GTR 1.1. A person applying for entry clearance or permission to stay as a Graduate Trainee must apply online on the gov.uk website on the specified form as follows:
- (a) for applicants outside the UK, form “Global Business Mobility visa”; or
- (b) for applicants inside the UK, form “Global Business Mobility”.
- GTR 1.2. An application for entry clearance or permission to stay as a Graduate Trainee must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must have a Certificate of Sponsorship that was issued to them by their sponsor no more than three months before the date of application.
GTR 1.3. The applicant must be aged 18 or over on the date of application.
GTR 1.4. An applicant applying for entry clearance or permission to stay as a Graduate Trainee who has received an award from a Government or international scholarship agency in the 12 months before the date of application which covers both fees and living costs for study in the UK, must have provided written consent to the application from that Government or agency.
- GTR 1.5. An applicant applying for permission to stay must be in the UK and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a Domestic Worker in a Private Household; or
- (f) outside the Immigration Rules.
GTR 1.6. An application which does not meet all the validity requirements for a Graduate Trainee is invalid and may be rejected and not considered.
Suitability requirements for a Graduate Trainee
GTR 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- GTR 2.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a Graduate Trainee
Entry requirements for a Graduate Trainee
GTR 3.1. A person seeking to come to the UK as a Graduate Trainee must apply for and obtain entry clearance as a Graduate Trainee before their arrival in the UK.
GTR 3.2. A person applying for entry clearance as a Graduate Trainee must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Points requirement for a Graduate Trainee
GTR 4.1. The applicant must be awarded 60 points based on the table below:
Points requirements | Relevant rules | Points |
---|---|---|
Sponsorship | GTR 5.1. to GTR 5.7. | 20 |
Job at an appropriate skill level | GTR 6.1. to GTR 6.7. | 20 |
Salary at required level | GTR 7.1. to GTR 9.3. | 20 |
Points for Sponsorship for a Graduate Trainee
- GTR 5.1. The applicant must have a valid certificate of sponsorship for the job they are planning to do, which to be valid must:
- (a) confirm the applicant’s name, that they are being sponsored as a Graduate Trainee, details of the job, salary and any allowances the sponsor is offering them (if applicable) and PAYE details if HM Revenue and Customs (HMRC) requires income tax and national insurance for the sponsored job to be paid via PAYE; and
- (b) include a start date for the job, stated by the sponsor, which is no more than 3 months after the date of application; and
- (c) not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made void or withdrawn); and
- (d) not have been withdrawn by the sponsor or cancelled by the Home Office; and
- (e) confirm that the applicant has worked for the sponsor group for the period required at GTR 5.6.(b); and
- (f) confirm whether the Academic Technology Approval Scheme (ATAS) requirement in Appendix ATAS applies.
GTR 5.2. The sponsor must be authorised by the Home Office to sponsor a Graduate Trainee.
GTR 5.3. The sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless the applicant was last granted permission as a Graduate Trainee and is applying to continue working for the same sponsor as in their last permission.
- GTR 5.4. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do:
- (a) does not exist; or
- (b) is a sham; or
- (c) has been created mainly so the applicant can apply for entry clearance or permission to stay.
- GTR 5.5. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do amounts to:
- (a) the hire of the applicant to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent; or
- (b) contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party.
- GTR 5.5A. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do does not comply with the National Minimum Wage Regulations or the Working Time Regulations.
- GTR 5.6. An applicant as a Graduate Trainee must:
- (a) be currently working for the sponsor group; and
- (b) have worked outside the UK for the sponsor group for a continuous period of at least 3 months immediately before the date of application.
GTR 5.7. If the requirements in GTR 5.1. to GTR 5.6. are met, the applicant will be awarded 20 points for sponsorship.
Points for job at appropriate skill level for a Graduate Trainee
GTR 6.1. The applicant must be sponsored for a job in an occupation code listed in Appendix Skilled Occupations that is identified as eligible for the Global Business Mobility routes.
- GTR 6.2. The sponsor must have chosen an appropriate occupation code, and the decision maker must not have reasonable grounds to believe the sponsor has chosen a less appropriate occupation code for any of the following reasons:
- (a) the most appropriate occupation code is not eligible under the Global Business Mobility routes; or
- (b) the most appropriate occupation code has a higher going rate than the proposed salary.
- GTR 6.3. To support the assessment in GTR 6.2. the decision maker may, in particular, consider:
- (a) whether the sponsor has shown a genuine need for the job as described; and
- (b) whether the applicant has the appropriate skills, qualifications and experience needed to do the job as described; and
- (c) the sponsor’s history of compliance with the immigration system including, but not limited to, paying its sponsored workers appropriately; and
- (d) any additional information from the sponsor.
GTR 6.4. The job must be part of a structured graduate training programme, with clearly defined progression towards a managerial or specialist role within the sponsor organisation.
GTR 6.5. If the ATAS requirement in Appendix ATAS applies, the applicant must provide a valid ATAS certificate.
GTR 6.6. If the requirements in GTR 6.1. to GTR 6.5. are met, the applicant will be awarded 20 points for a job at the appropriate skill level, subject to GTR 6.7.
GTR 6.7. No points will be awarded for a job at the appropriate skill level if the applicant is not also being awarded 20 points for sponsorship under GTR 5.7.
Points for salary for a Graduate Trainee
- GTR 7.1. The salary for the job for which the applicant is being sponsored must equal or exceed both:
- (a) the general salary requirement in GTR 8.1. and GTR 8.2.; and
- (b) the going rate requirement in GTR 9.1. to GTR 9.3.
- GTR 7.2. Salary under these requirements includes only:
- (a) guaranteed basic gross pay (before income tax and including employee pension and national insurance contributions); and
- (b) allowances which are guaranteed to be paid for the duration of the applicant’s employment in the UK (such as London weighting) or are paid as a mobility premium or to cover the additional cost of living in the UK.
GTR 7.3. Where allowances under GTR 7.2.(b) are solely for the purpose of accommodation they will only be taken into account up to a value of 40% of the total salary package.
- GTR 7.4. Salary does not include other pay and benefits, such as any of the following:
- (a) flexible working where the nature of the job means that hours fluctuate and pay cannot be guaranteed; or
- (b) additional pay such as shift, overtime or bonus pay, whether or not it is guaranteed; or
- (c) employer pension and national insurance contributions; or
- (d) any allowances, other than those specified in GTR 7.2.(b); or
- (e) in-kind benefits, such as equity shares, health insurance, school or university fees, company cars or food; or
- (f) one-off payments, such as ‘golden hellos’; or
- (g) any payments relating to immigration costs, such as the fee or Immigration Health Charge; or
- (h) payments to cover business expenses, including (but not limited to) travel to and from the applicant’s country of residence, equipment, clothing, travel or subsistence.
GTR 7.5. If the requirements in GTR 7.1. to GTR 7.4. are met, the applicant will be awarded 20 points for salary at the required level, subject to GTR 7.6.
GTR 7.6. No points will be awarded for salary if the applicant is not also being awarded 20 points for sponsorship under GTR 5.7.
General salary requirement for a Graduate Trainee
GTR 8.1. If the applicant is being sponsored for a job in one of the occupation codes listed in Table 1 of Appendix Skilled Occupations, the general salary requirement is £24,220 per year.
GTR 8.2. If the applicant is being sponsored to work more than 48 hours a week, subject to GTR 8.3, only the salary for the first 48 hours a week will be considered towards the general salary requirement.
For example, an applicant who works 60 hours a week for £8 per hour will be considered to have a salary of £19,968 (£8 x 48 x 52) per year and not £24,960 (£8 x 60 x 52).
- GTR 8.3. If the applicant is being sponsored to work a pattern where the regular hours are not the same each week, resulting in uneven pay:
- (a) work in excess of 48 hours in some weeks can be considered towards the salary threshold of £24,220, providing the average over a regular cycle (which can be less than, but not more than, 17 weeks) is not more than 48 hours a week; and
- (b) any unpaid rest weeks will count towards the average when considering whether the salary thresholds are met; and
- (c) any unpaid rest weeks will not count as absences from employment for the purpose of paragraph 9.30.1 in Part 9 of these rules.
- For example, an applicant who works a pattern of 60 hours a week for £12 per hour for two weeks, followed by an unpaid rest week, will be considered to work 40 hours a week on average and have a salary of £24,960 (£12 x 40 x 52) per year.
Going rate requirement for a Graduate Trainee
GTR 9.1. If the applicant is being sponsored for a job in one of the occupation codes listed in Table 1 of Appendix Skilled Occupations, the going rate requirement is 70% of the pro-rated going rate, which will be calculated as follows:
0.7 x (the going rate for the occupation code stated in Table 1 of Appendix Skilled Occupations) x (the number of weekly working hours stated by the sponsor ÷ 37.5).
GTR 9.2. If the applicant is being sponsored for a job in one of the health or education occupation codes listed in Table 2 of Appendix Skilled Occupations, the going rate requirement is 100% of the pro-rated going rate (and the going rate will be pro-rated according to the number of weekly working hours stated by the sponsor, and the pro-rating set out in Appendix Skilled Occupations).
GTR 9.3. The applicant’s full weekly hours will be included when checking their salary against the going rate, even if they work more than 48 hours a week.
For example, an applicant who works 60 hours a week in an occupation code with a going rate of £37,500 must be paid £42,000 (0.7 x £37,500 x 60 ÷ 37.5) per year, not £33,600 (0.7 x £37,500 x 48 ÷ 37.5).
Financial requirement for a Graduate Trainee
GTR 10.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
- GTR 10.2. If the applicant is applying for entry clearance or has been living in the UK for less than 12 months on the date of application either:
- (a) the applicant must have funds of at least £1,270; or
- (b) the applicant’s A-rated sponsor must confirm on the Certificate of Sponsorship that they will, if it is necessary, maintain and accommodate the applicant up to the end of the first month of their employment to an amount of at least £1,270.
GTR 10.3. If GTR 10.2.(a) applies, the applicant must show that they have held the required level of funds for a 28-day period and as set out in Appendix Finance.
Maximum length of assignments requirement for a Graduate Trainee
GTR 11.1. The grant of permission must not lead to the applicant being granted cumulative periods of permission on the Global Business Mobility routes and Intra-Company routes totalling more than 5 years in any 6-year period.
- GTR 11.2. When calculating the cumulative periods of permission referred to in GTR 11.1. and GTR 13.2.(c), the decision maker will include the following:
- (a) all previous permission on the Global Business Mobility routes; and
- (b) all previous permission on the Intra-Company routes; and
- (c) if the applicant does not currently hold permission on a Global Business Mobility route, any permission they could be granted under the current application, beginning on the start date of the job stated on the Certificate of Sponsorship; and
- (d) if the applicant is applying for permission to stay and has or last had permission on a Global Business Mobility route, any permission they could be granted under the current application, beginning on the date of decision; and
- (e) any period of permission on the Global Business Mobility routes and the Intra-Company routes extended under section 3C of the Immigration Act 1971.
Decision for a Graduate Trainee
GTR 12.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a Graduate Trainee are met the application will be granted, otherwise the application will be refused.
GTR 12.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period and conditions of grant as a Graduate Trainee
- GTR 13.1. The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) the only work permitted is:
- (i) in the job for which the applicant is being sponsored; and
- (ii) voluntary work; and
- (iii) working out a contractual notice period, where the applicant was lawfully working in that job in the UK on the date of application; and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED
- GTR 13.2. Permission will be granted 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 the applicant will have had cumulative permission in the Global Business Mobility routes and Intra-Company routes totalling 5 years in any 6-year period.
GTR 13.3. If the applicant does not currently hold permission on the Global Business Mobility routes, any permission granted for the period between the date of decision and the start date of the job detailed in the Certificate of Sponsorship will be excluded from the cumulative permission for the purpose of determining the period of grant of permission under GTR 13.2. (but not from the cumulative period in GTR 11.2.).
Dependent Partner (“partner”) or dependent child (“child”) of a Global Business Mobility – Graduate Trainee
Validity requirements for a partner or child of a Graduate Trainee
GTR 14.1. A person applying for entry clearance or permission to stay as a partner or child of a Graduate Trainee must apply online on the gov.uk website on the specified form as follows:
Applicant | Specified form |
---|---|
Applicants outside the UK | Dependant partner visa Dependant child visa |
Applicants inside the UK | Dependant partner Dependant child |
- GTR 14.2. An application for entry clearance or permission to stay as a partner or child of a Graduate Trainee must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided either a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be applying as partner or child of a person who:
- (i) has made a valid application for entry clearance or permission to stay in the UK on the Global Business Mobility – Graduate Trainee route that has not been decided; or
- (ii) has entry clearance or permission to stay on the Global Business Mobility – Graduate Trainee route.
GTR 14.3. A person applying as a partner must be aged 18 or over on the date of application.
- GTR 14.4. A person applying for permission to stay as a partner or child of a Graduate Trainee must be in the UK on the date of application and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a Domestic Worker in a Private Household; or
- (f) outside the Immigration Rules.
GTR 14.5. An application which does not meet all the validity requirements for a partner or child of a Graduate Trainee is invalid and may be rejected and not considered.
Suitability requirements for a partner or child of a Graduate Trainee
GTR 15.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- GTR 15.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a partner or child of a Graduate Trainee
Entry requirement for a partner or child of a Graduate Trainee
GTR 16.1. A person seeking to come to the UK as a partner or child must apply for and obtain entry clearance as a partner or child of a Graduate Trainee before they arrive in the UK.
GTR 16.2. A person applying for entry clearance as the partner or child of a Graduate Trainee must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Relationship requirement for a partner of a Graduate Trainee
- GTR 17.1. The applicant must be the partner of a person (P) where one of the following applies:
- (a) P has permission as a Graduate Trainee; or
- (b) P is, at the same time, applying for (and is granted) entry clearance or permission as a Graduate Trainee.
- GTR 17.2. If the applicant and their Graduate Trainee partner are not married or in a civil partnership, all of the following requirements must be met:
- (a) they must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application; and
- (b) any previous relationship of the applicant or their Graduate Trainee partner with another person must have permanently broken down; and
- (c) the applicant and their Graduate Trainee partner must not be so closely related that they would not be allowed to marry or form a civil partnership in the UK.
GTR 17.3. The relationship between the applicant and their Graduate Trainee partner must be genuine and subsisting.
GTR 17.4. The applicant and their Graduate Trainee partner must intend to live together throughout the applicant’s stay in the UK.
Relationship requirement for a child of a Graduate Trainee
- GTR 18.1. The applicant must be the child of a parent who has, or is at the same time being granted permission:
- (a) on the Global Business Mobility – Graduate Trainee route; or
- (b) as a partner on the Global Business Mobility – Graduate Trainee route.
- GTR 18.2. The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:
- (a) the parent applying for or with entry clearance or permission to stay as a Graduate Trainee or as the partner of a Graduate Trainee is the sole surviving parent; or
- (b) the parent applying for or with entry clearance or permission to stay as a Graduate Trainee or as the partner of a Graduate Trainee has sole responsibility for the child’s upbringing; or
- (c) the parent who does not have permission as a Graduate Trainee:
- (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
- (ii) is or will be ordinarily resident in the UK; or
- (d) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission on the Global Business Mobility – Graduate Trainee route.
GTR 18.3. If the applicant is a child born in the UK to a Graduate Trainee or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
Care requirement for a child of a Graduate Trainee
GTR 19.1. If the applicant is aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK law.
Age requirement for a child of a Graduate Trainee
GTR 20.1. The child must be under the age of 18 on the date of application, unless they were last granted permission as the child of their parent or parents.
GTR 20.2. If the child is aged 16 or over at the date of application, they must not be leading an independent life.
Financial requirement for a partner or child of a Graduate Trainee
GTR 21.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
- GTR 21.2. If the applicant is applying for entry clearance, or is applying for permission to stay and has not been in the UK for 12 months on the date of application, either:
- (a) funds of at least the amount required in GTR 23.3 must be held collectively by one or more of the following:
- (i) the applicant; and
- (ii) the Graduate Trainee (P); and
- (iii) if the applicant is applying as a child, their parent who is lawfully present in the UK or being granted entry clearance, or permission to stay at the same time as the applicant; or
- (b) the sponsor of P must confirm on the Certificate of Sponsorship that they will, if necessary, maintain and accommodate the partner and/or any child as well as P, up to the end of the first month of each of their permission, up to at least the amounts in GTR 21.3.
- (a) funds of at least the amount required in GTR 23.3 must be held collectively by one or more of the following:
- GTR 21.3. The required funds are:
- (a) £285 for a partner in the UK or applying for entry clearance; and
- (b) £315 for the first child in the UK or applying for entry clearance; and
- (c) £200 for any other child in the UK or applying for entry clearance.
GTR 21.4. If GTR 21.2.(a) applies, the funds held must be held in addition to any funds required for the Graduate Trainee to meet the financial requirement and the funds required for any dependants in the UK or applying at the same time.
GTR 21.5. If GTR 21.2.(a) applies, the funds must have been held for a 28-day period and as specified in Appendix Finance.
Decision for a partner or child of a Graduate Trainee
GTR 22.1. If the decision maker is satisfied that all the suitability and eligibility requirements are met for a partner or child of a Graduate Trainee the application will be granted, otherwise the application will be refused.
GTR 22.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period and conditions of grant for a partner or child of a Graduate Trainee
GTR 23.1. A partner will be granted permission which ends on the same date as the person (P) who is their partner and has permission of a Graduate Trainee.
GTR 23.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first.
- GTR 23.3. The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) work (including self-employment and voluntary work) permitted; except for employment as a professional sportsperson (including as a sports coach); and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED
Appendix Global Business Mobility – UK Expansion Worker
The Global Business Mobility – UK Expansion Worker route is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is a senior manager or specialist employee and is being assigned to the UK to undertake work related to a business’s expansion to the UK.
This route can only be used when the business has not yet begun trading in the UK. If the business is already trading in the UK, workers should apply under Appendix Global Business Mobility – Senior or Specialist Worker instead.
A dependent partner and dependent children can apply to come to the UK on this route.
The Global Business Mobility – UK Expansion Worker route is not a route to settlement.
Validity requirements for a Global Business Mobility – UK Expansion Worker (“UK Expansion Worker”)
- UKX 1.1. A person applying for entry clearance or permission to stay as a UK Expansion Worker must apply online on the gov.uk website on the specified form as follows:
- (a) for applicants outside the UK, form “Global Business Mobility visa”; or
- (b) for applicants inside the UK, form “Global Business Mobility”.
- UKX 1.2. An application for entry clearance or permission to stay as a UK Expansion Worker must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must have a Certificate of Sponsorship that was issued to them by their sponsor no more than 3 months before the date of application.
UKX 1.3. The applicant must be aged 18 or over on the date of application.
UKX 1.4. An applicant applying for entry clearance or permission to stay as a UK Expansion Worker who has received an award from a Government or international scholarship agency in the 12 months before the date of application which covers both fees and living costs for study in the UK, must have provided written consent to the application from that Government or agency.
- UKX 1.5. An applicant applying for permission to stay must be in the UK and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a Domestic Worker in a Private Household; or
- (f) outside the Immigration Rules.
UKX 1.6. An application which does not meet all the validity requirements for a UK Expansion Worker is invalid and may be rejected and not considered.
Suitability requirements for a UK Expansion Worker
UKX 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- UKX 2.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a UK Expansion Worker
Entry requirements for a UK Expansion Worker
UKX 3.1. A person seeking to come to the UK as a UK Expansion Worker must apply for and obtain entry clearance as a UK Expansion Worker before their arrival in the UK.
UKX 3.2. A person applying for entry clearance as a UK Expansion Worker must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Points requirement for a UK Expansion Worker
UKX 4.1. The applicant must be awarded 60 points based on the table below:
Points requirements | Relevant rules | Points |
---|---|---|
Sponsorship | UKX 5.1. to UKX 5.8. | 20 |
Job at an appropriate skill level | UKX 6.1. to UKX 6.6. | 20 |
Salary at required level | UKX 7.1. to UKX 9.3. | 20 |
Points for Sponsorship for a UK Expansion Worker
- UKX 5.1. The applicant must have a valid certificate of sponsorship for the job they are planning to do, which to be valid must:
- (a) confirm the applicant’s name, that they are being sponsored as a UK Expansion Worker, details of the job, salary and any allowances the sponsor is offering them (if applicable) and PAYE details if HM Revenue and Customs (HMRC) requires income tax and national insurance for the sponsored job to be paid via PAYE; and
- (b) include a start date for the job, stated by the sponsor, which is no more than 3 months after the date of application; and
- (c) not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made void or withdrawn); and
- (d) not have been withdrawn by the sponsor or cancelled by the Home Office; and
- (e) confirm that the applicant has worked for the sponsor group for the period required at UKX 5.6.(b); and
- (f) confirm whether the Academic Technology Approval Scheme (ATAS) requirement in Appendix ATAS applies.
UKX 5.2. The sponsor must be authorised by the Home Office to sponsor a UK Expansion Worker.
- UKX 5.3. The sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless one of the following applies:
- (a) the applicant was last granted permission as a UK Expansion Worker and is applying to continue working for the same sponsor as in their last permission; or
- (b) the applicant holds the role of authorising officer on the sponsor’s licence and the sponsor has a provisional rating on the Home Office’s register of licenced sponsors.
- UKX 5.4. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do:
- (a) does not exist; or
- (b) is a sham; or
- (c) has been created mainly so the applicant can apply for entry clearance or permission to stay.
- UKX 5.5. The sponsor must choose an appropriate occupation code, and the decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do amounts to:
- (a) the hire of the applicant to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent; or
- (b) contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party.
- UKX 5.5A. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do does not comply with the National Minimum Wage Regulations or the Working Time Regulations.
- UKX 5.6. An applicant as a UK Expansion Worker must:
- (a) be currently working for the sponsor group; and
- (b) have worked outside the UK for the sponsor group for a cumulative period of at least 12 months, unless the applicant is either:
- (i) applying as a high earner; or
- (ii) a Japanese national seeking to establish a UK branch or subsidiary of the sponsor group under the UK-Japan Comprehensive Economic Partnership Agreement; or
- (iii) a national or permanent resident of Australia seeking to establish a UK branch or subsidiary of the sponsor group under the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia (when the agreement comes into force or is provisionally applied).
- UKX 5.7. In UKX 5.6.(b) the 12 months’ work outside the UK can have been accumulated over any period provided that:
- (a) the applicant was continuously working for the business at UKX 5.6.(a), whether in or out of the UK, from the start of the 12 months to the date of application; and
- (b) any breaks in the continuous work in UKX 5.7.(a) were only for the following reasons:
- (i) statutory maternity, paternity, parental, or shared parental leave; or
- (ii) statutory adoption leave; or
- (iii) sick leave; or
- (iv) assisting with a national or international humanitarian or environmental crisis, with the agreement of the sponsor group; or
- (v) taking part in legally organised industrial action; or
- (vi) jury service; or
- (vii) attending court as a witness.
UKX 5.8. If the requirements in UKX 5.1. to UKX 5.7. are met, the applicant will be awarded 20 points for sponsorship.
Points for job at appropriate skill level for a UK Expansion Worker
UKX 6.1. The applicant must be sponsored for a job in an occupation code listed in Appendix Skilled Occupations that is identified as eligible for the Global Business Mobility routes.
- UKX 6.2. The decision maker must not have reasonable grounds to believe the sponsor has chosen a less appropriate occupation code for any of the following reasons:
- (a) the most appropriate occupation code is not eligible under the Global Business Mobility routes; or
- (b) the most appropriate occupation code has a higher going rate than the proposed salary.
- UKX 6.3. To support the assessment in UKX 6.2, the decision maker may, in particular, consider:
- (a) whether the sponsor has shown a genuine need for the job as described; and
- (b) whether the applicant has the appropriate skills, qualifications and experience needed to do the job as described; and
- (c) the sponsor’s history of compliance with the immigration system including, but not limited to, paying its sponsored workers appropriately; and
- (d) any additional information from the sponsor.
UKX 6.4. If the ATAS requirement in Appendix ATAS applies, the applicant must provide a valid ATAS certificate.
UKX 6.5. If the requirements in UKX 6.1. to UKX 6.4. are met, the applicant will be awarded 20 points for a job at the appropriate skill level, subject to
UKX 6.6. UKX 6.6. No points will be awarded for a job at the appropriate skill level if the applicant is not also being awarded 20 points for sponsorship under UKX 5.8.
Points for salary for a UK Expansion Worker
- UKX 7.1. The salary for the job for which the applicant is being sponsored must equal or exceed both:
- (a) the general salary requirement in UKX 8.1 and UKX 8.2; and
- (b) the going rate requirement in UKX 9.1. to UKX 9.3.
- UKX 7.2. Salary under these requirements includes only:
- (a) guaranteed basic gross pay (before income tax and including employee pension and national insurance contributions); and
- (b) allowances which are guaranteed to be paid for the duration of the applicant’s employment in the UK (such as London weighting) or are paid as a mobility premium or to cover the additional cost of living in the UK.
UKX 7.3. Where allowances under UKX 7.2.(b) are solely for the purpose of accommodation they will only be taken into account up to a value of 30% of the total salary package.
- UKX 7.4. Salary does not include other pay and benefits, such as any of the following:
- (a) flexible working where the nature of the job means that hours fluctuate and pay cannot be guaranteed; or
- (b) additional pay such as shift, overtime or bonus pay, whether or not it is guaranteed; or
- (c) employer pension and national insurance contributions; or
- (d) any allowances, other than those specified in UKX 7.2.(b); or
- (e) in-kind benefits, such as equity shares, health insurance, school or university fees, company cars or food; or
- (f) one-off payments, such as ‘golden hellos’; or
- (g) any payments relating to immigration costs, such as the fee or Immigration Health Charge; or
- (h) payments to cover business expenses, including (but not limited to) travel to and from the applicant’s country of residence, equipment, clothing, travel or subsistence.
UKX 7.5. If the requirements in UKX 7.1. to UKX 7.4. are met, the applicant will be awarded 20 points for salary at the required level, subject to UKX 7.6.
UKX 7.6. No points will be awarded for salary if the applicant is not also being awarded 20 points for sponsorship under UKX 5.8.
General salary requirement for a UK Expansion Worker
UKX 8.1. If the applicant is being sponsored for a job in one of the occupation codes listed in Table 1 of Appendix Skilled Occupations, the general salary requirement is £45,800 per year.
UKX 8.2. If the applicant is being sponsored to work more than 48 hours a week, subject to UKX 8.3, only the salary for the first 48 hours a week will be considered towards the general salary requirement.
For example, an applicant who works 60 hours a week for £15 per hour will be considered to have a salary of £37,440 (£15 x 48 x 52) per year and not £46,800 (£15 x 60 x 52).
- UKX 8.3. If the applicant is being sponsored to work a pattern where the regular hours are not the same each week, resulting in uneven pay:
- (a) work in excess of 48 hours in some weeks can be considered towards the salary threshold of £45,800, providing the average over a regular cycle (which can be less than, but not more than, 17 weeks) is not more than 48 hours a week; and
- (b) any unpaid rest weeks will count towards the average when considering whether the salary thresholds are met; and
- (c) any unpaid rest weeks will not count as absences from employment for the purpose of paragraph 9.30.1 in Part 9 of these rules.
- For example, an applicant who works a pattern of 60 hours a week for £20 per hour for two weeks, followed by an unpaid rest week, will be considered to work 40 hours a week on average and have a salary of just £41,600 (£20 x 40 x 52) per year.
Going rate requirement for a UK Expansion Worker
UKX 9.1. If the applicant is being sponsored for a job in one of the occupation codes listed in Table 1 of Appendix Skilled Occupations, the going rate requirement is 100% of the pro-rated going rate, which will be calculated as follows:
1 x (the going rate for the occupation code stated in Table 1 of Appendix Skilled Occupations) x (the number of weekly working hours stated by the sponsor ÷ 37.5).
UKX 9.2. If the applicant is being sponsored for a job in one of the health or education occupation codes listed in Table 2 of Appendix Skilled Occupations, the going rate requirement is 100% of the pro-rated going rate (and the going rate will be pro-rated according to the number of weekly working hours stated by the sponsor, and the pro-rating set out in Appendix Skilled Occupations).
UKX 9.3. The applicant’s full weekly hours will be included when checking their salary against the going rate, even if they work more than 48 hours a week.
For example, an applicant who works 60 hours a week in an occupation code with a going rate of £37,500 must be paid £60,000 (1 x £37,500 x 60 ÷ 37.5) per year, not £48,000 (1 x £37,500 x 48 ÷ 37.5).
Financial requirement for a UK Expansion Worker
UKX 10.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
UKX 10.2. If the applicant is applying for entry clearance or has been living in the UK for less than 12 months, the applicant must have funds of at least £1,270.
UKX 10.3. The applicant must show that they have held the level of funds required by UKX 10.2. for a 28-day period and as set out in Appendix Finance.
Maximum length of assignments requirement for a UK Expansion Worker
UKX 11.1. The grant of permission must not lead to the applicant being granted cumulative periods of permission in the Global Business Mobility routes and Intra-Company routes totalling more than 5 years in any 6-year period.
- UKX 11.2. When calculating the cumulative periods of permission referred to in UKX 11.1. and UKX 13.2.(d), the decision maker will include the following:
- (a) all previous periods of permission on the Global Business Mobility routes; and
- (b) all previous periods of permission on the Intra-Company routes; and
- (c) if the applicant does not currently hold permission on a Global Business Mobility route, any permission they could be granted under this application, beginning on the start date of the job stated on the Certificate of Sponsorship; and
- (d) if the applicant is applying for permission to stay and has or last had permission on the Global Business Mobility routes, any permission they could be granted under this application, beginning on the date of decision; and
- (e) any period of permission on the Global Business Mobility routes and the Intra-Company routes extended under section 3C of the Immigration Act 1971.
Decision for a UK Expansion Worker
UKX 12.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a UK Expansion Worker are met the application will be granted, otherwise the application will be refused.
UKX 12.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period and conditions of grant as a UK Expansion Worker
- UKX 13.1. The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) the only work permitted is:
- (i) the job for which the applicant is being sponsored; and
- (ii) voluntary work; and
- (iii) working out a contractual notice period, where the applicant was lawfully working in that job in the UK on the date of application; and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED
- UKX 13.2. Permission will be granted 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 the applicant will have had continuous permission as a UK Expansion Worker totalling 2 years; or
- (d) the date at which the applicant will have had cumulative permission in the Global Business Mobility routes totalling 5 years in any 6-year period.
UKX 13.3. If the applicant does not currently hold permission on the Global Business Mobility routes, any permission granted for the period between the date of decision and the start date of the job detailed in the Certificate of Sponsorship will be excluded from the cumulative permission for the purpose of determining the period of grant of permission under UKX 13.2. (but not from the cumulative period in UKX 11.2.).
Dependent Partner (partner”) and dependent child (“child”) of a UK Expansion Worker
Validity requirements for a partner or child of a UK Expansion Worker
UKX 14.1. A person applying for entry clearance or permission to stay as a partner or child of a UK Expansion Worker must apply online on the gov.uk website on the specified form as follows:
Applicant | Specified form |
---|---|
Applicants outside the UK | Dependant partner visa Dependant child visa |
Applicants inside the UK | Dependant partner Dependant child |
- UKX 14.2. An application for entry clearance or permission to stay as a partner or child of a UK Expansion Worker must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided either a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be applying as partner or child of a person who:
- (i) has made a valid application for entry clearance or permission to stay on the Global Business Mobility – UK Expansion Worker route that has not been decided; or
- (ii) has entry clearance or permission to stay on the Global Business Mobility – UK Expansion Worker route.
UKX 14.3. A person applying as a partner must be aged 18 or over on the date of application.
- UKX 14.4. A person applying for permission to stay as a partner or child of a UK Expansion Worker must be in the UK on the date of application and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a Domestic Worker in a Private Household; or
- (f) outside the Immigration Rules.
UKX 14.5. An application which does not meet all the validity requirements for a partner or child of a UK Expansion Worker is invalid and may be rejected and not considered.
Suitability requirements for a partner or child of a UK Expansion Worker
UKX 15.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- UKX 15.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a partner or child of a UK Expansion Worker
Entry requirement for a partner or child of a UK Expansion Worker
UKX 16.1. A person seeking to come to the UK as a partner or child must apply for and obtain entry clearance as a partner or child of a UK Expansion Worker before they arrive in the UK.
UKX 16.2. A person applying for entry clearance as the partner or child of a UK Expansion Worker must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Relationship requirement for a partner of a UK Expansion Worker
- UKX 17.1. The applicant must be the partner of a person (P) where one of the following applies:
- (a) P has permission on the Global Business Mobility – UK Expansion Worker route; or
- (b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Global Business Mobility – UK Expansion Worker route.
- UKX 17.2. If the applicant and their UK Expansion Worker partner are not married or in a civil partnership, all of the following requirements must be met:
- (a) they must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application; and
- (b) any previous relationship of the applicant or their UK Expansion Worker partner with another person must have permanently broken down; and
- (c) the applicant and their UK Expansion Worker partner must not be so closely related that they would not be allowed to marry or form a civil partnership in the UK.
UKX 17.3. The relationship between the applicant and their UK Expansion Worker partner must be genuine and subsisting.
UKX 17.4. The applicant and their UK Expansion Worker partner must intend to live together throughout the applicant’s stay in the UK.
Relationship requirement for a child of a UK Expansion Worker
- UKX 18.1. The applicant must be the child of a parent who has, or is at the same time being granted permission:
- (a) on the Global Business Mobility – UK Expansion Worker route; or
- (b) as a partner on the Global Business Mobility – UK Expansion Worker route.
- UKX 18.2. The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:
- (a) the parent applying for or with entry clearance or permission to stay as a UK Expansion Worker or as the partner of a UK Expansion Worker is the sole surviving parent; or
- (b) the parent applying for or with entry clearance or permission to stay as a UK Expansion Worker or as the partner of a UK Expansion Worker has sole responsibility for the child’s upbringing; or
- (c) the parent who does not have permission as a UK Expansion Worker:
- (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
- (ii) is or will be ordinarily resident in the UK; or
- (d) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission on the Global Business Mobility – UK Expansion Worker route.
UKX 18.3. If the applicant is a child born in the UK to a UK Expansion Worker or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
Care requirement for a child of a UK Expansion Worker
UKX 19.1. If the applicant is aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK law.
Age requirement for a child of a UK Expansion Worker
UKX 20.1. The child must be under the age of 18 on the date of application, unless they were last granted permission as the child of their parent or parents.
UKX 20.2. If the child is aged 16 or over at the date of application, they must not be leading an independent life.
Financial requirement for a partner or child of a UK Expansion Worker
UKX 21.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
- UKX 21.2. If the applicant is applying for entry clearance, or is applying for permission to stay and has not been in the UK for 12 months on the date of application, funds of at least the amount required in UKX 21.3. must be held collectively by one or more of the following:
- (a) the applicant; and
- (b) the UK Expansion Worker (P); and
- (c) if the applicant is applying as a child, their parent who is lawfully present in the UK or being granted entry clearance, or permission to stay, at the same time.
- UKX 21.3. The required funds are:
- (a) £285 for a partner in the UK or applying for entry clearance; and
- (b) £315 for the first child in the UK or applying for entry clearance; and
- (c) £200 for any other child in the UK or applying for entry clearance.
UKX 21.4. If UKX 23.2.(a) applies, the funds held must be held in addition to any funds required for the UK Expansion Worker to meet the financial requirement and the funds required for any dependants in the UK or applying at the same time.
UKX 21.5. If UKX 23.2.(a) applies, the funds must have been held for a 28-day period and as specified in Appendix Finance.
Decision for a partner or child of a UK Expansion Worker
UKX 22.1. If the decision maker is satisfied that all the suitability and eligibility requirements are met for a partner or child of a UK Expansion Worker the application will be granted, otherwise the application will be refused.
UKX 22.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period and conditions of grant for a partner or child of a UK Expansion Worker
UKX 23.1. A partner will be granted permission which ends on the same date as the person (P) who is their partner and has permission as a UK Expansion Worker.
UKX 23.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first.
- UKX 23.3. The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) work (including self-employment and voluntary work) permitted; except for employment as a professional sportsperson (including as a sports coach); and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED
Appendix Global Business Mobility – Service Supplier
The Global Business Mobility – Service Supplier route is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is either a contractual service supplier employed by an overseas service provider or a self-employed independent professional based overseas, and they need to undertake an assignment in the UK to provide services covered by one of the UK’s international trade agreements.
A dependent partner and dependent children can apply to come to the UK on this route.
The Global Business Mobility – Service Supplier route is not a route to settlement.
Validity requirements for a Global Business Mobility – Service Supplier (“Service Supplier”)
- SSU 1.1. A person applying for entry clearance or permission to stay as a Service Supplier must apply online on the gov.uk website on the specified form as follows:
- (a) for applicants outside the UK, form “Global Business Mobility visa”; or
- (b) for applicants inside the UK, form “Global Business Mobility”.
- SSU 1.2. An application for entry clearance or permission to stay as a Service Supplier must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must have a Certificate of Sponsorship that was issued to them by their sponsor no more than 3 months before the date of application.
SSU 1.3. The applicant must be aged 18 or over on the date of application.
SSU 1.4. An applicant applying for entry clearance or permission to stay as a Service Supplier who has received an award from a Government or international scholarship agency in the 12 months before the date of application which covers both fees and living costs for study in the UK, must have provided written consent to the application from that Government or agency.
- SSU 1.5. An applicant applying for permission to stay must be in the UK and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a Domestic Worker in a Private Household; or
- (f) outside the Immigration Rules.
SSU 1.6. An application which does not meet all the validity requirements for a Service Supplier on the Global Business Mobility route is invalid and may be rejected and not considered.
Suitability requirements for a Service Supplier
SSU 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- SSU 2.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a Service Supplier
Entry requirements for a Service Supplier
SSU 3.1. A person seeking to come to the UK as a Service Supplier must apply for and obtain entry clearance as a Service Supplier before their arrival in the UK.
SSU 3.2. A person applying for entry clearance as a Service Supplier must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Points requirement for a Service Supplier
SSU 4.1. The applicant must be awarded 40 points from the table below:
Points requirements | Relevant rules | Points |
---|---|---|
Sponsorship | SSU 5.1. to SSU 5.7. | 20 |
Job at an appropriate skill level (option A) or Job at an appropriate skill level (option B) |
SSU 6.1. to SSU 6.6. SSU 7.1. to SSU 7.5. |
20 |
SSU 4.2. An applicant as a Service Supplier can be awarded 20 points by meeting the requirements of either SSU 6.1. to SSU 6.6. or SSU 7.1. to SSU 7.5.
Points for Sponsorship for a Service Supplier
- SSU 5.1. The applicant must have a valid certificate of sponsorship for the job they are planning to do, which must:
- (a) confirm the applicant’s name, that they are being sponsored as a Service Supplier, and details of the job the sponsor is offering them; and
- (b) include a start date for the job, stated by the sponsor, which is no more than 3 months after the date of application; and
- (c) not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made void or withdrawn); and
- (d) not have been withdrawn by the sponsor or cancelled by the Home Office; and
- (e) DELETED
- (f) confirm whether the Academic Technology Approval Scheme (ATAS) requirement in Appendix ATAS applies; and
- (g) confirm which of the sponsor’s contracts registered with the Home Office the applicant will work on.
SSU 5.2. The sponsor must be authorised by the Home Office to sponsor a Service Supplier.
SSU 5.3. The sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless the applicant was last granted permission as a Service Supplier and is applying to continue working for the same sponsor as in their last permission.
- SSU 5.4. The sponsor must have a contract with an overseas service provider, where that contract:
- (a) has been registered with the Home Office; and
- (b) is for a service covered by one of the UK’s international trade agreements where that agreement is currently in force or provisionally applied; and
- (c) is the contract on which the applicant will work as a Service Supplier.
- SSU 5.5. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do:
- (a) does not exist; or
- (b) is a sham; or
- (c) has been created mainly so the applicant can apply for entry clearance or permission to stay.
- SSU 5.6. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do amounts to:
- (a) the hire of the applicant to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent; or
- (b) contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party.
- SSU 5.6A. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do does not comply with the National Minimum Wage Regulations or the Working Time Regulations.
SSU 5.7. If the requirements in SSU 5.1. to SSU 5.6. are met, the applicant will be awarded 20 points for sponsorship.
Points for job at appropriate skill level for a Service Supplier – Option A
SSU 6.1. The applicant must be sponsored for a job in an occupation code listed in Appendix Skilled Occupations that is identified as eligible for the Global Business Mobility routes.
SSU 6.2. The sponsor must choose an appropriate occupation code, and the decision maker must not have reasonable grounds to believe the sponsor has chosen a less appropriate occupation code due to the most appropriate occupation code not being eligible under the Global Business Mobility routes.
- SSU 6.3. To support the assessment in SSU 6.2., the decision maker may, in particular, consider:
- (a) whether the sponsor has shown a genuine need for the job as described; and
- (b) whether the applicant has the appropriate skills, qualifications and experience needed to do the job as described; and
- (c) the sponsor’s history of compliance with the immigration system including, but not limited to, paying its sponsored workers appropriately; and
- (d) any additional information from the sponsor.
SSU 6.4. If the ATAS requirement in Appendix ATAS applies, the applicant must provide a valid ATAS certificate.
SSU 6.5. If the requirements in SSU 6.1. to SSU 6.4. are met, the applicant will be awarded 20 points for a job at the appropriate skill level, subject to SSU 6.6.
SSU 6.6. No points will be awarded for a job at the appropriate skill level if the applicant is not also being awarded 20 points for sponsorship under SSU 5.7.
Points for job at appropriate skill level for a Service Supplier – Option B
SSU 7.1. The applicant must have a university degree or equivalent level technical qualification unless they are employed by an overseas service provider supplying one of the following services, in which case the qualification requirements in the following table apply:
Services | Qualification |
---|---|
Fashion and modelling | None required |
Chef de cuisine | An advanced technical qualification |
Entertainment services (excluding audio-visual services under the CARIFORUM-UK Economic Partnership Agreement) | None required |
Management consulting services and services related to management consulting (managers and senior consultants) | University degree (equivalent level technical qualification not permitted) |
Advertising or translation | Relevant qualifications |
Technical testing and analysis | University degree or a relevant technical qualification |
SSU 7.2. The applicant must hold any professional qualifications or registrations required to provide the services under UK law or sectoral requirements.
- SSU 7.3. The applicant must have professional experience in the sector in which they will supply services as follows:
- (a) 3 years’ experience; or
- (b) if they are supplying chef de cuisine services under the CARIFORUM-UK Economic Partnership Agreement, 6 years’ experience; or
- (c) if they are a self-employed overseas service provider, 6 years’ experience.
SSU 7.4. If the requirements in SSU 7.1. to SSU 7.3. are met, the applicant will be awarded 20 points for job at the appropriate skill level, subject to SSU 7.5.
SSU 7.5. No points will be awarded for a job at the appropriate skill level if the applicant is not also being awarded 20 points for sponsorship under SSU 5.7.
Nationality requirement for a Service Supplier
- SSU 8.1. The applicant must be:
- (a) a national of the country or territory in which the overseas service provider is based; or
- (b) where the service that the applicant will provide is covered by a commitment in the General Agreement on Trade in Services and the applicant’s employer is established in a country or territory that has made a notification under Article XXVIII(k)(ii)(2) of that agreement, a permanent resident of that country or territory; or
- (c) where the service that the applicant will provide is covered by a commitment in the Temporary Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Services Mobility, a permanent resident of Switzerland; or
- (d) where the service that the applicant will provide is covered by a commitment in the United Kingdom-European Union Trade and Cooperation Agreement, a national of any Member State of the European Union or any other person included in the definition of “natural person of a Party” for the European Union in Article 512(k) of that agreement; or
- (e) where the service that the applicant will provide is covered by a contractual service supplier commitment in the CARIFORUM-United Kingdom Economic Partnership Agreement, a national of any CARIFORUM State that has provisionally applied or brought into force that agreement; or
- (f) where the service that the applicant will provide is covered by a commitment in the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia, a permanent resident of Australia; or
- (g) where the service that the applicant will provide is covered by a commitment in the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New Zealand, a permanent resident of New Zealand.
Overseas work requirement for a Service Supplier
- SSU 9.1. The applicant must:
- (a) be currently working as or for an overseas service provider that will provide services to the sponsor; and
- (b) have worked as or for the overseas service provider outside the UK for a cumulative period of 12 months.
- SSU 9.2. In SSU 9.1. the 12 months’ work outside the UK can have been accumulated over any period provided that:
- (a) the applicant was either:
- (i) continuously working for the overseas service provider at SSU 9.1., whether in or out of the UK, from the start of the 12 months to the date of application; or
- (ii) if the applicant is a self-employed overseas service provider, continuously working in the same sector as the service they will provide to the sponsor, whether in or out of the UK, from the start of the 12 months to the date of application; and
- (b) any breaks in the continuous work in SSU 9.2.(a) were only for the following reasons:
- (i) statutory maternity, paternity, parental, or shared parental leave; or
- (ii) statutory adoption leave; or
- (iii) sick leave; or
- (iv) assisting with a national or international humanitarian or environmental crisis, with the agreement of the overseas service provider; or
- (v) taking part in legally organised industrial action; or
- (vi) jury service; or
- (vii) attending court as a witness.
- (a) the applicant was either:
Financial requirement for a Service Supplier
SSU 10.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
- SSU 10.2. If the applicant is applying for entry clearance or has been living in the UK for less than 12 months on the date of application either:
- (a) the applicant must have funds of at least £1,270; or
- (b) the applicant’s A-rated sponsor must confirm on the Certificate of Sponsorship that they will, if it is necessary, maintain and accommodate the applicant up to the end of the first month of their employment to an amount of at least £1,270.
SSU 10.3. If SSU 10.2.(a) applies, the applicant must show that they have held the required level of funds for a 28-day period and as set out in Appendix Finance.
Maximum length of assignments requirement for a Service Supplier
SSU 11.1. The grant of permission must not lead to the applicant being granted cumulative periods of permission on the Global Business Mobility routes and Intra-Company routes totalling more than 5 years in any 6-year period.
- SSU 11.2. When calculating the cumulative periods of permission referred to in SSU 11.1., the decision maker will include the following:
- (a) all previous periods of permission on the Global Business Mobility routes; and
- (b) all previous periods of permission on the Intra-Company routes; and
- (c) if the applicant does not currently hold permission in the Global Business Mobility routes, any permission they could be granted under this application, beginning on the start date of the job stated on the Certificate of Sponsorship; and
- (d) if the applicant is applying for permission to stay and has or last had permission on the Global Business Mobility routes, any permission they could be granted under this application, beginning on the date of decision; and
- (e) any period of permission on the Global Business Mobility routes and the Intra-Company routes extended under section 3C of the Immigration Act 1971.
Decision for a Service Supplier
SSU 12.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a Service Supplier are met the application will be granted, otherwise the application will be refused.
SSU 12.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period and conditions of grant as a Service Supplier
- SSU 13.1. The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) the only work permitted is:
- (i) the job for which the applicant is being sponsored; and
- (ii) voluntary work; and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED
- SSU 13.2. If the application is for entry clearance, permission will be granted for a period which is the shortest of the following:
- (a) 14 days after the end date of the job detailed in the Certificate of Sponsorship; or
- (b) the date at which the applicant will have had cumulative permission on the Global Business Mobility routes and Intra-Company routes totalling 5 years in any 6-year period; or
- (c) the maximum single assignment period which is:
- (i) if the applicant is covered by a relevant commitment in the United Kingdom-European Union Trade and Cooperation Agreement and is a national of any Member State of the European Union or any other person included in the definition of “natural person of a Party” for the European Union in Article 512(k) of that agreement, 12 months; or
- (ii) if the applicant is a Swiss national or permanent resident covered by a relevant commitment in the Temporary Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Services Mobility, 12 months; or
- (iia) if the applicant is an Australian national or permanent resident covered by a relevant commitment in the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia, 12 months; or
- (iii) in all other cases, 6 months.
- SSU 13.3. If the application is for permission to stay, the permission will be granted for a period which is the shortest of the following:
- (a) 14 days after the end date of the job detailed in the Certificate of Sponsorship; or
- (b) the date at which the applicant will have had cumulative permission on the Global Business Mobility routes and Intra-Company routes totalling 5 years in any 6-year period; or
- (c) the maximum single assignment period which is:
- (i) if the applicant is covered by a relevant commitment in the United Kingdom-European Union Trade and Cooperation Agreement and is a national of any Member State of the European Union or any other person included in the definition of “natural person of a Party” for the European Union in Article 512(k) of that agreement, the difference between the period the applicant has already spent in the UK since their last grant of permission as a Service Supplier and 12 months; or
- (ii) if the applicant is a Swiss national or permanent resident covered by a relevant commitment in the Temporary Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Services Mobility, the difference between the period the applicant has already spent in the UK since their last grant of permission as a Service Supplier and 12 months; or
- (iia) if the applicant is an Australian national or permanent resident covered by a relevant commitment in the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia, the difference between the period the applicant has already spent in the UK since their last grant of permission as a Service Supplier and 12 months; or
- (iii) in all other cases, the difference between the period the applicant has already spent in the UK since their last grant of permission as a Service Supplier and 6 months.
SSU 13.4. If the applicant does not currently hold permission on the Global Business Mobility routes, any permission granted for the period between the date of decision and the start date of the job detailed in the Certificate of Sponsorship will be excluded from the cumulative permission for the purpose of determining the period of grant of permission under SSU 13.2. and SSU 13.3. (but not from the cumulative period in SSU 11.2.).
Dependent Partner (“partner”) and dependent child (“child”) of a Service Supplier
Validity requirements for a partner or child of a Service Supplier
SSU 14.1. A person applying for entry clearance or permission to stay as a partner or child of a Service Supplier must apply online on the gov.uk website on the specified form as follows:
Applicant | Specified form |
---|---|
Applicants outside the UK | Dependant partner visa Dependant child visa |
Applicants inside the UK | Dependant partner Dependant child |
- SSU 14.2. An application for entry clearance or permission to stay as a partner or child of a Service Supplier must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided either a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be applying as partner or child of a person who:
- (i) has made a valid application for entry clearance or permission to stay on the Global Business Mobility – Service Supplier route that has not been decided; or
- (ii) has entry clearance or permission to stay on the Global Business Mobility – Service Supplier route.
SSU 14.3. A person applying as a partner must be aged 18 or over on the date of application.
- SSU 14.4. A person applying for permission to stay as a partner or child of a Service Supplier must be in the UK on the date of application and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a domestic worker in a private household; or
- (f) outside the immigration rules.
SSU 14.5. An application which does not meet all the validity requirements for a partner or child of a Service Supplier is invalid and may be rejected and not considered.
Suitability requirements for a partner or child of a Service Supplier
SSU 15.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- SSU 15.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a dependent partner or dependent child of a Service Supplier
Entry requirement for a partner or child of a Service Supplier
SSU 16.1. A person seeking to come to the UK as a partner or child must apply for and obtain entry clearance as a partner or child of a Service Supplier before they arrive in the UK.
SSU 16.2. A person applying for entry clearance as the partner or child of a Service Supplier must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Relationship requirement for a partner of a Service Supplier
- SSU 17.1. The applicant must be the partner of a person (P) where one of the following applies:
- (a) P has permission on the Global Business Mobility – Service Supplier route; or
- (b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Global Business Mobility – Service Supplier route.
- SSU 17.2. If the applicant and their Service Supplier partner are not married or in a civil partnership, all of the following requirements must be met:
- (a) they must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application; and
- (b) any previous relationship of the applicant or their Service Supplier partner with another person must have permanently broken down; and
- (c) the applicant and their Service Supplier partner must not be so closely related that they would not be allowed to marry or form a civil partnership in the UK.
SSU 17.3. The relationship between the applicant and their Service Supplier partner must be genuine and subsisting.
SSU 17.4. The applicant and their Service Supplier partner must intend to live together throughout the applicant’s stay in the UK.
Relationship requirement for a child of a Service Supplier
- SSU 18.1. The applicant must be the child of a parent who has, or is at the same time being granted permission:
- (a) on the Global Business Mobility – Service Supplier route; or
- (b) as a partner on the Global Business Mobility – Service Supplier route.
- SSU 18.2. The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:
- (a) the parent applying for or with entry clearance or permission to stay as a Service Supplier or as the partner of a Service Supplier is the sole surviving parent; or
- (b) the parent applying for or with entry clearance or permission to stay as a Service Supplier or as the partner of a Service Supplier has sole responsibility for the child’s upbringing; or
- (c) the parent who does not have permission as a Service Supplier:
- (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
- (ii) is or will be ordinarily resident in the UK; or
- (d) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission on the Global Business Mobility – Service Supplier route.
SSU 18.3. If the applicant is a child born in the UK to a Service Supplier or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
Care requirement for a child of a Service Supplier
SSU 19.1. If the applicant is aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK law.
Age requirement for a child of a Service Supplier
SSU 20.1. The child must be under the age of 18 on the date of application, unless they were last granted permission as the child of their parent or parents.
SSU 20.2. If the child is aged 16 or over at the date of application, they must not be leading an independent life.
Financial requirement for a partner or child of a Service Supplier
SSU 21.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
- SSU 21.2. If the applicant is applying for entry clearance, or is applying for permission to stay and has not been in the UK for 12 months on the date of application, either:
- (a) funds of at least the amount required in SSU 21.3 must be held collectively by one or more of the following:
- (i) the applicant; and
- (ii) the Service Supplier (P); and
- (iii) if the applicant is applying as a child, their parent who is lawfully present in the UK or being granted entry clearance, or permission to stay, at the same time as the applicant; or
- (b) the sponsor of P must confirm on the Certificate of Sponsorship that they will, if necessary, maintain and accommodate the partner and/or any child as well as P, up to the end of the first month of each of their permission, up to at least the amounts in SSU 21.3.
- (a) funds of at least the amount required in SSU 21.3 must be held collectively by one or more of the following:
- SSU 21.3. The required funds are:
- (a) £285 for a partner in the UK or applying for entry clearance; and
- (b) £315 for the first child in the UK or applying for entry clearance; and
- (c) £200 for any other child in the UK or applying for entry clearance.
SSU 21.4. If SSU 21.2.(a) applies, the funds held must be held in addition to any funds required for the Service Supplier to meet the financial requirement and the funds required for any dependants in the UK or applying at the same time.
SSU 21.5. If SSU 21.2.(a) applies, the funds must have been held for a 28-day period and as specified in Appendix Finance.
Decision for a partner or child of a Service Supplier
SSU 22.1. If the decision maker is satisfied that all the suitability and eligibility requirements are met for a partner or child of a Service Supplier the application will be granted, otherwise the application will be refused.
SSU 22.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period and conditions of grant for a partner or child of a Service Supplier
SSU 23.1. A partner will be granted permission which ends on the same date as the person (P) who is their partner and has permission as a Service Supplier.
SSU 23.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first.
- SSU 23.3. The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) work (including self-employment and voluntary work) permitted; except for employment as a professional sportsperson (including as a sports coach); and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED
Appendix Global Business Mobility – Secondment Worker
The Global Business Mobility – Secondment Worker route is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is being seconded to the UK as part of a high value contract or investment by their employer overseas.
A dependent partner and dependent children can apply to come to the UK on this route.
The Global Business Mobility – Secondment Worker route is not a route to settlement.
Validity requirements for a Global Business Mobility – Secondment Worker (“Secondment Worker”)
- SEC 1.1. A person applying for entry clearance or permission to stay as a Secondment Worker must apply online on the gov.uk website on the specified form as follows:
- (a) for applicants outside the UK, form “Global Business Mobility visa”; or
- (b) for applicants inside the UK, form “Global Business Mobility”.
- SEC 1.2. An application for entry clearance or permission to stay as a Secondment Worker must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must have a Certificate of Sponsorship that was issued to them by their sponsor no more than 3 months before the date of application.
SEC 1.3. The applicant must be aged 18 or over on the date of application.
SEC 1.4. An applicant applying for entry clearance or permission to stay as a Secondment Worker who has received an award from a Government or international scholarship agency in the 12 months before the date of application which covers both fees and living costs for study in the UK, must have provided written consent to the application from that Government or agency.
- SEC 1.5. An applicant applying for permission to stay must be in the UK and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a Domestic Worker in a Private Household; or
- (f) outside the Immigration Rules.
SEC 1.6. An application which does not meet all the validity requirements for a Secondment Worker is invalid and may be rejected and not considered.
Suitability requirements for a Secondment Worker
SEC 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- SEC 2.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a Secondment Worker
Entry requirements for a Secondment Worker
SEC 3.1. A person seeking to come to the UK as a Secondment Worker must apply for and obtain entry clearance as a Secondment Worker before their arrival in the UK.
SEC 3.2. A person applying for entry clearance as a Secondment Worker must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Points requirement for a Secondment Worker
SEC 4.1. The applicant must be awarded 40 points based on the table below:
Points requirements | Relevant rules | Points |
---|---|---|
Sponsorship | SEC 5.1. to SEC 5.7. | 20 |
Job at an appropriate skill level | SEC 6.1. to SEC 6.6. | 20 |
Points for Sponsorship for a Secondment Worker
- SEC 5.1. The applicant must have a valid Certificate of Sponsorship for the job they are planning to do, which to be valid must:
- (a) confirm the applicant’s name, that they are being sponsored as a Secondment Worker, and details of the job the sponsor is offering them; and
- (b) include a start date for the job, stated by the sponsor, which must be no more than 3 months after the date of application; and
- (c) not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made void or withdrawn); and
- (d) not have been withdrawn by the sponsor or cancelled by the Home Office; and
- (e) DELETED
- (f) confirm whether or not the Academic Technology Approval Scheme (ATAS) requirement in Appendix ATAS applies; and
- (g) confirm on which of the sponsor’s contracts registered with the Home Office the applicant will work.
SEC 5.2. The sponsor must be authorised by the Home Office to sponsor a Secondment Worker.
SEC 5.3. The sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless the applicant was last granted permission as a Secondment Worker and is applying to continue working for the same sponsor as in their last permission.
SEC 5.4. The sponsor must have a contract with an overseas business, where that contract has been registered with the Home Office, and on which an applicant as a Secondment Worker will work.
- SEC 5.5. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do:
- (a) does not exist; or
- (b) is a sham; or
- (c) has been created mainly so the applicant can apply for entry clearance or permission to stay.
- SEC 5.6. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do amounts to:
- (a) the hire of the applicant to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent; or
- (b) contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party.
- SEC 5.6A. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do does not comply with the National Minimum Wage Regulations or the Working Time Regulations.
SEC 5.7. If the requirements in SEC 5.1. to SEC 5.6. are met, the applicant will be awarded 20 points for sponsorship.
Points for job at appropriate skill level for a Secondment Worker
SEC 6.1. The applicant must be sponsored for a job in an occupation code listed in Appendix Skilled Occupations that is identified as eligible for the Global Business Mobility routes.
SEC 6.2. The sponsor must choose an appropriate occupation code, and the decision maker must not have reasonable grounds to believe the sponsor has chosen a less appropriate occupation code due to the most appropriate occupation code not being eligible under the Global Business Mobility routes.
- SEC 6.3. To support the assessment in SEC 6.2, the decision maker may, in particular, consider:
- (a) whether the sponsor has shown a genuine need for the job as described; and
- (b) whether the applicant has the appropriate skills, qualifications and experience needed to do the job as described; and
- (c) the sponsor’s history of compliance with the immigration system including, but not limited to, paying its sponsored workers appropriately; and
- (d) any additional information from the sponsor.
SEC 6.4. If the ATAS requirement in Appendix ATAS applies, the applicant must provide a valid ATAS certificate.
SEC 6.5. If the requirements in SEC 6.1. to SEC 6.4. are met, the applicant will be awarded 20 points for a job at the appropriate skill level, subject to SEC 6.6.
SEC 6.6. No points will be awarded for a job at the appropriate skill level if the applicant is not also being awarded 20 points for sponsorship under SEC 5.7.
Overseas Work requirement for a Secondment Worker
- SEC 7.1 The applicant must meet the overseas work requirement at SEC 7.2. unless the applicant:
- (a) is applying for permission to stay; and
- (b) has, or last had, permission as a Secondment Worker; and
- (c) is applying to continue working for the same sponsor as in their last permission.
- SEC 7.2 The overseas requirement will be met where the applicant:
- (a) is currently working for an overseas business that has a contract with the sponsor that has been registered with the Home Office by the sponsor; and
- (b) has worked outside the UK for that overseas business for a cumulative period of at least 12 months.
- SEC 7.3. In SEC 7.2.(b) the 12 months’ work outside the UK can have been accumulated over any period provided that:
- (a) the applicant was continuously working for the overseas businesses in SEC 7.2.(a), whether in or out of the UK, from the start of the 12 months to the date of application; and
- (b) any breaks in the continuous work in SEC 7.3.(a) were only for the following reasons:
- (i) statutory maternity, paternity, parental, or shared parental leave; or
- (ii) statutory adoption leave; or
- (iii) sick leave; or
- (iv) assisting with a national or international humanitarian or environmental crisis, with the agreement of the overseas business in SEC 7.2.(a); or
- (v) taking part in legally organised industrial action; or
- (vi) jury service; or
- (vii) attending court as a witness.
Financial requirement for a Secondment Worker
SEC 8.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
- SEC 8.2. If the applicant is applying for entry clearance or has been living in the UK for less than 12 months on the date of application either:
- (a) the applicant must have funds of at least £1,270; or
- (b) the applicant’s A-rated sponsor must confirm on the Certificate of Sponsorship that they will, if it is necessary, maintain and accommodate the applicant up to the end of the first month of their employment to an amount of at least £1,270.
SEC 8.3. If SEC 8.2.(a) applies, the applicant must show that they have held the required level of funds for a 28-day period and as set out in Appendix Finance.
Maximum length of assignments requirement for a Secondment Worker
SEC 9.1. The grant of permission must not lead to the applicant being granted cumulative periods of permission on the Global Business Mobility routes and the Intra-Company routes totalling more than 5 years in any 6-year period.
- SEC 9.2. When calculating the cumulative periods of permission referred to in SEC 9.1. and SEC 11.2.(d), the decision maker will include the following:
- (a) all previous periods of permission on the Global Business Mobility routes; and
- (b) all previous periods of permission on the Intra-Company routes; and
- (c) if the applicant does not currently hold permission on a Global Business Mobility route, any permission they could be granted under this application, beginning on the start date of the job stated on the Certificate of Sponsorship; and
- (d) if the applicant is applying for permission to stay and has or last had permission on the Global Business Mobility routes, any permission they could be granted under this application, beginning on the date of decision; and
- (e) any period of permission on the Global Business Mobility routes and the Intra-Company routes extended under section 3C of the Immigration Act 1971.
Decision for a Secondment Worker
SEC 10.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a Secondment Worker on the Global Business Mobility route are met the application will be granted, otherwise the application will be refused.
SEC 10.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period and conditions of grant as a Secondment Worker
- SEC 11.1. The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) the only work permitted is:
- (i) the job for which the applicant is being sponsored; and
- (ii) voluntary work; and
- (iii) working out a contractual notice period, where the applicant was lawfully working in that job in the UK on the date of application; and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED
- SEC 11.2. Permission will be granted 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 the applicant will have had a continuous permission as a Secondment Worker totalling 2 years.
- (d) the date at which the applicant will have had cumulative permission on the Global Business Mobility routes and Intra-Company routes totalling 5 years in any 6-year period.
SEC 11.3. If the applicant does not currently hold permission on the Global Business Mobility routes, any permission granted for the period between the date of decision and the start date of the job detailed in the Certificate of Sponsorship will be excluded from the cumulative permission for the purpose of determining the period of grant of permission under SEC 11.2. (but not from the cumulative period in SEC 9.2.).
Dependant Partner (“partner”) and dependent child (“child”) of a Secondment Worker
Validity requirements for a partner or child of a Secondment Worker
SEC 12.1. A person applying for entry clearance or permission to stay as a partner or child of a Secondment Worker must apply online on the gov.uk website on the specified form as follows:
Applicant | Specified form |
---|---|
Applicants outside the UK | Dependant partner visa Dependant child visa |
Applicants inside the UK | Dependant partner Dependant child |
- SEC 12.2. An application for entry clearance or permission to stay as a partner or child of a Secondment Worker must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided either a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be applying as partner or child of a person who:
- (i) has made a valid application for entry clearance or permission to stay on the Global Business Mobility – Secondment Worker route that has not been decided; or
- (ii) has entry clearance or permission to stay on the Global Business Mobility – Secondment Worker route.
SEC 12.3. A person applying as a partner must be aged 18 or over on the date of application.
- SEC 12.4. A person applying for permission to stay as a partner or child of a Secondment Worker must be in the UK on the date of application and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a Domestic Worker in a Private Household; or
- (f) outside the immigration rules.
SEC 12.5. An application which does not meet all the validity requirements for a partner or child of a Secondment Worker is invalid and may be rejected and not considered.
Suitability requirements for a partner or child of a Secondment Worker
SEC 13.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- SEC 13.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a partner or child of a Secondment Worker
Entry requirement for a partner or child of a Secondment Worker
SEC 14.1. A person seeking to come to the UK as a partner or child must apply for and obtain entry clearance as a partner or child of a Secondment Worker before they arrive in the UK.
SEC 14.2. A person applying for entry clearance as the partner or child of a Secondment Worker must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Relationship requirement for a partner of a Secondment Worker
- SEC 15.1. The applicant must be the partner of a person (P) where one of the following applies:
- (a) P has permission on the Global Business Mobility – Secondment Worker route; or
- (b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Global Business Mobility – Secondment Worker route.
- SEC 15.2. If the applicant and their Secondment Worker partner are not married or in a civil partnership, all of the following requirements must be met:
- (a) they must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application; and
- (b) any previous relationship of the applicant or their Secondment Worker partner with another person must have permanently broken down; and
- (c) the applicant and their Secondment Worker partner must not be so closely related that they would not be allowed to marry or form a civil partnership in the UK.
SEC 15.3. The relationship between the applicant and their Secondment Worker partner must be genuine and subsisting.
SEC 15.4. The applicant and their Secondment Worker partner must intend to live together throughout the applicant’s stay in the UK.
Relationship requirement for a child of a Secondment Worker
- SEC 16.1. The applicant must be the child of a parent who has, or is at the same time being granted permission:
- (a) on the Global Business Mobility – Secondment Worker route; or
- (b) as a partner on the Global Business Mobility – Secondment Worker route.
- SEC 16.2. The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:
- (a) the parent applying for or with entry clearance or permission to stay as a Secondment Worker or as the partner of a Secondment Worker is the sole surviving parent; or
- (b) the parent applying for or with entry clearance or permission to stay as a Secondment Worker or as the partner of a Secondment Worker has sole responsibility for the child’s upbringing; or
- (c) the parent who does not have permission as a Secondment Worker:
- (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
- (ii) is or will be ordinarily resident in the UK; or
- (d) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission on the Global Business Mobility – Secondment Worker route.
SEC 16.3. If the applicant is a child born in the UK to a Secondment Worker or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
Care requirement for a child of a Secondment Worker
SEC 17.1. If the applicant is aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK law.
Age requirement for a child of a Secondment Worker
SEC 18.1. The child must be under the age of 18 on the date of application, unless they were last granted permission as the child of their parent or parents.
SEC 18.2. If the child is aged 16 or over at the date of application, they must not be leading an independent life.
Financial requirement for a partner or child of a Secondment Worker
SEC 19.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
- SEC 19.2. If the applicant is applying for entry clearance, or is applying for permission to stay and has not been in the UK for 12 months on the date of application, either:
- (a) funds of at least the amount required in SEC 19.3 must be held collectively by one or more of the following:
- (i) the applicant; and
- (ii) the Secondment Worker (P); and
- (iii) if the applicant is applying as a child, their parent who is lawfully present in the UK or being granted entry clearance, or permission to stay, at the same time; or
- (b) the sponsor of P must confirm on the Certificate of Sponsorship that they will, if necessary, maintain and accommodate the partner and/or any child as well as P, up to the end of the first month of each of their permission, up to at least the amounts in SEC 19.3.
- (a) funds of at least the amount required in SEC 19.3 must be held collectively by one or more of the following:
- SEC 19.3. The required funds are:
- (a) £285 for a partner in the UK or applying for entry clearance; and
- (b) £315 for the first child in the UK or applying for entry clearance; and
- (c) £200 for any other child in the UK or applying for entry clearance.
SEC 19.4. If SEC 19.2.(a) applies, the funds held must be held in addition to any funds required for the Secondment Worker to meet the financial requirement and the funds required for any dependants in the UK or applying at the same time.
SEC 19.5. If SEC 19.2.(a) applies, the funds must have been held for a 28-day period and as specified in Appendix Finance.
Decision for a partner and child of a Secondment Worker
SEC 20.1. If the decision maker is satisfied that all the suitability and eligibility requirements are met for a partner or child of a Secondment Worker the application will be granted, otherwise the application will be refused.
SEC 20.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period and conditions of grant for a partner or child of a Secondment Worker
SEC 21.1. A partner will be granted permission which ends on the same date as the person (P) who is their partner and has permission as a Secondment Worker.
SEC 21.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first.
- SEC 21.3. The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) work (including self-employment and voluntary work) permitted; except for employment as a professional sportsperson (including as a sports coach); and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED Source: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-global-business-mobility-routes