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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.

WH Solicitors

Stateless

Applying to Stay in the UK as a Stateless Person: Everything You Need to Know

 

A ‘stateless’ person does not have citizenship of any country. Stateless people are allowed leave to remain in the UK on the basis that they have nowhere else to go.

A state must be recognised by the UK irrespective of its economic or political status. Recognition of different states can vary from country to country. If a person originates from a location recognised as a state by the UK, they cannot be considered stateless and remain here.

Additional Requirements to Stay in the UK as a Stateless Person

The baseline requirement under Immigration Rules Appendix Statelessness that you are not considered a citizen by any other country is only the first criterion that must be satisfied. Applicants must also show that there is no reason for their exclusion.

The Immigration Rules lists reasons for exclusion, including people receiving protection or assistance from agencies of the United Nations like the United Nations Relief and Works Agency.

Applicants who have committed a war crime, a crime against humanity, or a crime against peace are excluded. Committing a serious crime before you arrive in the UK can also be enough to exclude your application.

Evidence in Support of Your Application

Applicants must obtain and submit all reasonably available evidence to help the Secretary of State determine whether or not they are stateless. The applicant must prove they are stateless, referred to as ‘the burden of proof.’

The Home Office provides a list of evidence that can form part of an application. This list is not exclusive. It includes things like: –

  • The applicant’s testimony, either written or oral
  • Replies from foreign authorities or responses from other states made to an enquiry regarding the applicant’s nationality status
  • Documents of identity
  • A certificate of renunciation of nationality or a certificate of naturalisation
  • Certificates or records, including a marriage certificate, military service record
  • Identity, travel documents, or immigration paperwork of parents, spouse, or any children
 

Refusal on Security Grounds

Even if applicants satisfy all the relevant criteria, a case can still be refused if there are reasonable grounds for considering that that person is a danger to national security or public order in the UK. The grounds for refusal are set out in the Immigration Rules.

Are you Considering an Application to Stay in the UK as a Stateless Person?

Stateless applications are complex and must be well-prepared and supported by appropriate and compelling evidence, so legal advice from an experienced immigration firm is essential. Some applicants may be eligible for legal aid.

WH Solicitors, for All Visa Applications and Immigration Advice

WH Solicitors provides a professional immigration service with experience in preparing statelessness applications. Our friendly team of experts offers the support and help you’ll need to properly prepare your application to stay in the UK as a stateless person.

Why Use WH Solicitors?

WH Solicitors offers comprehensive and expert guidance to support your application to stay in the UK as a stateless person. We make the whole process as straightforward and stress-free as possible. Our charges are reasonable and cost-effective with transparent pricing, which is discussed up front before we start work on your case. There are no hidden charges.

Here’s how we can help.

  • Review your situation and check if it falls within the definition of stateless
  • Assess whether any other reasons might mean your application is subject to exclusion
  • Prepare your application, including information about why you cannot seek entry to another country, for instance, your spouse’s home country if you are married, and demonstrate that you have taken reasonable steps to gain admission to your former country of habitual residence or another country but have been unable to secure entry
  • Gather together the proper evidence to support the application
  • Arrange for legalised translations of documents that are not in English or Welsh
  • Submit an online application
  • Represent you throughout the entire process, including dealing with any queries from the Secretary of State
 

Frequently Asked Questions

 

How much does applying to stay in the UK as a stateless person cost?

There is no fee to make an application to stay in the UK as a stateless person. All applications are made online, and applicants will need to provide biometric information so, such as their fingerprints and a photograph.

Is there a right of appeal if an application for stateless entry is refused?

There is no automatic right of appeal if a statelessness application is refused; instead, there is a right to administrative review. The lack of an appeals process is something an experienced lawyer will factor in. There may be another route of entry that is more favourable and does have a right of appeal, or the application for statelessness could be presented in such a way as to make it clear that it is also a human rights claim. Human rights claims do attract a right of appeal.

What leave is granted to a successful applicant?

A successful applicant is granted leave for five years. After five years of continuous lawful residence in the UK, applicants are eligible for indefinite leave to remain. This qualifying period of five years has to be entirely on the basis of statelessness.

Get in Touch

Contact WH Solicitors for your application to stay in the UK as a stateless person. We provide expert advice in this specialist area from our friendly and approachable team, with support throughout the process and full representation during your case. Take away all the stress and maximise the chances of a successful outcome with the leading immigration professionals.

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.