WH Solicitors
Landlord Right to rent Check
WH Solicitors
Global Mobility
The Secondment Worker visa is intended for overseas workers who are taking up a temporary work position in the UK as part of a high-value contract, investment, or project. This is a brand-new visa scheme that was launched by the Government alongside reforms to other types of Global Mobility Visa.
There are strict entry requirements for anyone who wishes to apply for a Secondment Worker visa. This makes it even more important to put forward the strongest possible application with supporting evidence to demonstrate exactly why you qualify and how you’ll be an asset to your employer and the organisation you’ll be on secondment to.
This guide explains more about the Global Business Mobility: Secondment Worker visa. Read on to learn more about how the experienced WH Solicitors team could help you to file a successful visa application.
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H2: What is the Global Business Mobility Visa Scheme?
On 15 March 2022, the UK Government launched a new set of visa schemes under the revised points-based immigration system. The Global Mobility visa scheme was established at this time, and provides skilled workers with a variety of routes to enter and work in the UK for a temporary period.
H2: Global Business Mobility Visa –Requirements for Secondment Workers
To qualify for a Global Business Mobility – Secondment Worker Visa, you will need to show that you meet the relevant requirements. You must:
- Get a valid Certificate of Sponsorship from a UK employer with a sponsor licence from the Home Office.
- Have been approved for a secondment to a UK business or organisation that has a contract with your overseas employer for the work that you will do.
- Have worked for your overseas employer, or a member of the same business group, for at least 12 months before making an application.
- Have been sponsored for a job that is on the government’s list of eligible occupations.
- Be paid at least the minimum eligible salary for the role you are taking.
- Be able to show that you have sufficient funds to maintain yourself when you come to the UK.
H2: Getting a Certificate of Sponsorship
To get approved for a Secondment Worker visa, you will need a valid Certificate of Sponsorship from a UK business that has received a sponsorship licence from the Home Office. The sponsorship certificate will provide details of the work that you will do whilst in the UK, and show that your overseas employer is connected to the secondment business by common ownership or control.
In some cases, the Home Office may consider whether there is a genuine need for the job described in the Certificate of Sponsorship. They may also wish to investigate the sponsor’s history with the immigration system to determine whether they are likely to comply with the relevant rules including those relating to pay and working conditions for migrant workers.
H2: Visa Conditions
Once you have been approved for a Secondment Worker visa, you will be able to stay in the UK for the shorter of either a period of 12 months, or for a maximum of 14 days longer than the date shown on your sponsorship certificate.
Whilst in the UK, you will be permitted to work for your sponsor in the job that is described on your certificate of sponsorship, start an educational course and study, bring your dependant partner, spouse or children to the UK if they are eligible, undertake voluntary or charity work, and travel overseas and return to the UK.
Secondment Worker visa holders are not permitted to do the following:
- apply for public funds, most benefits, or the State Pension;
- change to another job without updating their visa;
- take on a second job;
- apply for Indefinite Leave to Remain to stay in the UK permanently.
H2: How We Can Help
WH Solicitors is a specialist immigration law practice that offers expert advice and practical help that allows businesses and individual migrants to navigate the UK legal system. We make it easy for clients to apply for a visa and assist companies as they apply for a sponsorship licence.
For a personal, professional approach to immigration law, contact our expert team today by calling (+44) 01483 608 786 or by emailing contact@whsolicitors.co.uk.
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Secondment Worker Visa
FAQs
Yes, all Global Business Mobility visa routes require sponsorship from an employer with a valid sponsorship licence. You will not be able to gain leave to remain as a secondment worker without a valid certificate of sponsorship.
When applying for a Secondment Worker visa, you will usually need to pay:
- the £259 application fee; and
- the healthcare surcharge for each year of your stay in the UK.
You will also need to show that you have enough money to support yourself and any dependants when you come to the UK.
If you will not be coming to the UK on secondment for a project or major contract, you will need to apply for leave to remain under another visa category and will not be able to attain a valid certificate of sponsorship.
Applications for a Secondment Worker visa can be made up to 3 months before the day you intend to start work in the UK. This date should be listed on your certificate of sponsorship.
Once your application has been submitted, it could take up to three weeks for a decision to be made if you are applying from outside the UK, or 8 weeks if you’re already in the country.
The contents of this webpage are provided for informational purposes only and are not intended to constitute legal advice. All information is correct as of the date of publication, and any individual or organisation should be careful to seek qualified advice from a specialist immigration lawyer before acting on any of the topics referenced by this content.
What is a Landlord’s Right to Rent Check?
The checks involve verifying identity and were introduced by the Home Office to make it harder for people to live and work in England illegally.
If the landlord fails to do this, it can lead to a fine of up to £3,000 per tenant and, possibly, a prison sentence. New penalties of up to £20,000 are expected in 2024 for repeat offenders who do not comply with the legislation.
What Documents Does a Landlord Need to See?
A landlord’s rent check applies to all tenants over the age of 18 living at the property, even if they are not named on the tenancy agreement.
The landlord will check and verify ID using one of a selection of possible identification documents. Some letting agencies use an IDSP, which is an approved Identity Service Provider.
Checks may be manual in the presence of the new tenant, or a landlord can use the Home Office’s online service. Sometimes, the nature of the documents will dictate whether the landlord must make a manual or an online check.
Some documents are only acceptable for use if the tenancy is due to start within the next 28 days.
British citizens can usually use an original UK birth certificate, a valid UK driving licence, or an in-date passport, and a landlord may ask for more than one of these documents.
Non-UK or European Union residents will need a combination of a passport, a valid visa, or possibly a BRP, a Biometric Residence Permit (changing to an eVisa in 2024).
Confused about Which Documents You Need?
You might be worried about a Right to Rent Check for many reasons. The document lists are confusing, and it’s hard to work out which combination of documents will be acceptable and whether a manual or online check is required.
Even if you’re a UK resident, it’s not always that straightforward to determine which combination of documents will be acceptable. For immigrants coming to the UK, the process is complex and daunting, even if English is your first language, and if it isn’t, it can just be overwhelming.
Jumping through hoops to secure the tenancy you want is all part of the process, and with numerous people chasing each rental property, you need to have everything in order and ready so there are no delays or queries.
Having a settled home and feeling secure is a fundamental human right, but the law is complex around legal status in the UK and constantly changing. Not having the correct identity documents proving your right to rent will mean doors closing in your face.
WH Solicitors, the Solution to your Problem
WH Solicitors are specialists with an in-depth knowledge of immigration, nationality, and asylum law. We can provide clarity and advice on satisfying a right to rent check in the UK regardless of your country of origin and current status.
The Benefits of Using WH Solicitors
When it comes to legal status and identity, WH Solicitors are experts who offer an effective and competitively-priced service. There is no immigration problem that we can’t handle. Here’s why we are leaders in this field.
- We have years of experience helping people enter the UK with a proven track record of successful cases.
- There’s no such thing as a language barrier. We use translators if necessary and explain everything in simple terms without jargon.
- UK immigration, nationality, and asylum laws and regulations change constantly. We remain up-to-date, so our advice is always relevant.
- We don’t just talk, we listen and tailor advice to your own unique circumstances.
- Our fees are competitive, transparent, and flexible; there are no hidden costs, and you’ll know in advance how much you’ll need to pay
Frequently Asked Questions
What is the Home Office Share Code System?
The Home Office has a ‘share code’ system that allows immigrants to prove their legal right to live and work here. Foreign residents can view their immigration status online and obtain a share code so others can see it.
The system allows for updates like changes to contact details, and the share code can be used to prove the right to rent, work, or claim benefits.
The code is nine characters long and is entered by the landlord alongside the individual’s date of birth. The code is valid for 90 days and can be used repeatedly during that period.
Share codes can only be used for the purpose they were initially created for. A right to rent share code will begin with the letter ‘R.’ Landlords and tenants cannot use share codes starting with ‘S’ or ‘W’ as these are not designed for this service.
Why has my landlord asked for a follow-up check on my identity documents?
Some documents may be time-limited, like a passport that is due to expire within the tenancy period or a student visa.
What is the difference between an unlimited right to rent and a time-limited right to rent?
British and Irish citizens and those with EU Settled Status have an unlimited right to rent in the UK. However, some people will only have a time-limited right to rent, often based on their visa status.
A landlord is responsible for ensuring any tenant has the right to rent throughout the entire period of the tenancy, not just at the start otherwise, they could be liable for a penalty. If a tenant becomes ineligible to stay in England during the tenancy (so they lose their right to rent), the landlord must report this to the Home Office.
Next Steps
Contact WH Solicitors for fast, expert advice on legal status and help with the right to rent process. We have in-depth knowledge of immigration, nationality, and asylum laws and are experienced in dealing with the Home Office. Fast track your route to a solution to your problem with our expert and friendly team.
The contents of this webpage are provided for informational purposes only and are not intended to constitute legal advice. All information is correct as of the date of publication, and any individual or organisation should be careful to seek qualified advice from a specialist immigration lawyer before acting on any of the topics referenced by this content.