The Global Business Mobility (GBM) visa is a key route for overseas businesses to establish a presence in the UK or transfer staff. This visa is structured into five different routes, each with specific eligibility criteria, including requirements around how long an individual must have been employed overseas before applying.
Overseas Employment Requirement
Most GBM routes require the applicant to have worked for the overseas business for a minimum period before applying. The requirements vary by route:
- Senior or Specialist Worker: The applicant must have worked for the overseas business for at least 12 months, unless their UK salary is £73,900 per year or more, in which case no prior overseas employment is required. Where they are transferred to the UK they need to be able to show that they were employed overseas prior to this time inside the UK.
- Graduate Trainee: A minimum of three months employment with the overseas business is mandatory.
- UK Expansion Worker: The applicant must have been employed overseas for at least 12 months, unless they are considered a high earner (earning £73,900 or more annually) or are a Japanese national under the UK-Japan Comprehensive Economic Partnership Agreement.
- Service Supplier: The requirement varies
depending on whether the applicant is an independent
professional or an employee of an overseas service
provider:
- Independent professionals must have at least 12 months' experience in their sector, (this can differ depending on their circumstances).
- Employees of overseas service providers must have worked for their employer for at least 12 months before applying.
- Secondment Worker: The applicant must have worked for the overseas business for 12 months before the secondment begins, with no exceptions based on salary.
Does Time in the UK Count Towards the Overseas Work Requirement?
For most Global Business Mobility routes, any time spent working inside the UK does not count towards the required overseas work period. The employment history must be continuous with the overseas business, meaning:
- If an applicant has been seconded to the UK under a different visa category, this period inside the UK, does not contribute to the minimum employment requirement.
- If an individual has spent time in the UK under a different visa (e.g., a Skilled Worker visa), they must still meet the full overseas work requirement before switching to a GBM visa.
Exemptions to the Overseas Employment Requirement
Certain routes provide exemptions from the overseas work requirement:
- High Earners (£73,900 or more per year):
- This exemption applies to the Senior or Specialist Worker and UK Expansion Worker routes, allowing applicants to bypass the 12-month overseas employment requirement.
- Japanese Nationals under the UK-Japan CEPA:
- Japanese nationals applying under the UK Expansion Worker route do not need to meet the 12-month requirement.
- Graduate Trainee Route – Shorter
Requirement:
- While most routes require 12 months of overseas work, the Graduate Trainee route only mandates three months.
Trade Agreements Affecting Australians and New Zealanders
The Australia–United Kingdom Free Trade Agreement (A-UKFTA) and the New Zealand–United Kingdom Free Trade Agreement (NZ-UK FTA) have introduced provisions that impact Australian and New Zealand nationals under the UK's Global Business Mobility (GBM) visa routes, particularly the Service Supplier route.
Service Supplier Route
- Australian Nationals and Permanent Residents: They can provide services in the UK for up to 12 months under the Service Supplier route.
- New Zealand Nationals and Permanent Residents: They are permitted to work in the UK for up to 6 months under the same route.
These provisions facilitate the temporary movement of professionals between the UK and these countries, enhancing business and trade cooperation.
Key Considerations
- The Global Business Mobility visa does not lead directly to settlement (Indefinite Leave to Remain), but time spent in the UK may contribute towards eligibility under another route, such as the Skilled Worker visa.
- Applicants must always check whether the specific trade agreements between the UK and their home country provide any further exemptions.
- Businesses and employees should consider strategic visa planning to ensure eligibility before an application is submitted.
Conclusion
Understanding the overseas work requirements for the Global Business Mobility visa is crucial for businesses and individuals looking to use this route. While most applicants must meet a 12-month employment requirement, exceptions exist for high earners, certain trade agreements, and specific visa subcategories.
Businesses should ensure they comply with these regulations to avoid any delays or refusals in the application process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
