Global Business Mobility (GBM) Visa

Global Business Mobility (GBM) Visa

The Global Business Mobility (GBM) visa, introduced in 2022, includes five different sponsored work routes. It is designed for overseas businesses that need to move employees to a related UK entity for a temporary work assignment. This system replaces several older routes, such as the Intra-Company Transfer (ICT) visa and, in many cases, the Representative of an Overseas Business visa.

At Bekenbey Solicitors, our immigration solicitors provide comprehensive guidance to multinational organisations on determining the most appropriate GBM category for each assignment. We assist with obtaining the necessary sponsor licences and ensuring full compliance with Home Office requirements.

Section 1: The Employer's Guide: Sponsoring a GBM Worker

The entire Global Business Mobility framework is built upon the UK's sponsorship system. An individual cannot apply for a GBM visa unless they have a licensed UK sponsor. Therefore, the employer's obligations are the first and most critical part of the process.

1.1 Do You Need a Global Business Mobility Sponsor Licence?

A sponsor licence is mandatory. To transfer a worker to the UK under one of the five GBM routes, the UK-based business, or in one case, the overseas parent company, must have a valid sponsor licence from the Home Office. This licence must specifically allow the organisation to sponsor workers on the relevant GBM route, such as the "Senior or Specialist Worker" route.

Organizations do not need a sponsor license to hire people who have the right to work in the UK. This includes Irish citizens, individuals with settled or pre-settled status under the EU Settlement Scheme, and those who already hold Indefinite Leave to Remain.

The licence application is a formal process involving an online application, payment of a fee, and the submission of a specific set of corporate documents listed in the Home Office's 'Appendix A' guidance.

1.2 Your Legal Duties: Key Personnel and the Sponsorship Management System (SMS)

Obtaining a sponsor licence is not a one-time transaction. It involves taking on important and ongoing legal responsibilities. The Home Office requires the sponsoring organisation to appoint "Key Personnel" to manage the licence and ensure compliance. Not maintaining these roles is a breach of sponsor duties and can lead to licence revocation.

The mandatory roles are:

• Authorising Officer (AO): This person must be a senior and skilled individual within the organization, like a 'Director or Head of HR'. They are responsible for the license and the actions of all other users. They must be located in the UK and be a "settled worker".
• Key Contact (KC): The main point of contact for the Home Office regarding the licence.
• Level 1 User: The day-to-day operator of the licence. This person has access to the Home Office's online Sponsorship Management System (SMS) and is responsible for assigning the vital Certificate of Sponsorship (CoS) to workers and reporting any changes in their circumstances.

All sponsorship duties, from assigning a CoS to reporting a sponsored worker's absence, are performed via the SMS portal.

1.3 Your Compliance Risk: The Genuine Vacancy Test

The Home Office has shifted its compliance focus away from the old, process-driven 'Resident Labour Market Test' (RLMT). The new standard is the 'Genuine Vacancy' requirement.

This test is much more subjective. It's not enough to just meet the salary and skill-level requirements. The Home Office must be convinced that the job is real, meaning it:

1. Requires the specific duties listed for the occupation code.
2. Is not a "sham" role created simply to facilitate a worker's entry to the UK.
3. Is appropriate and necessary for the business in light of its size, model, and operations.

The risk of non-compliance is severe. As seen in the 2024 High Court case One Trees Estates Ltd v Secretary of State, a sponsor's licence was revoked because the Home Office found it was sponsoring "senior carers" who were, in practice, performing the duties of "carers". This was deemed a breach of the genuine vacancy rule and a mandatory ground for revocation. Protecting your licence requires robust internal processes and a clear understanding of the true nature of the sponsored role.

1.4 Special Case: The UK Expansion Worker Sponsor Licence

This route has a unique sponsorship process. It is meant for a business from abroad that does not have a trading presence in the UK yet.

In this case, the overseas parent business applies for the licence, not the UK branch (which may not even be fully established). The applicant business must provide evidence of its UK "footprint" (e.g., UK Companies House registration, a serviced office lease) and its established overseas trading presence.

A common challenge occurs when the nominated Authorising Officer (AO) is located outside the UK. In this case, the Home Office will issue a "Provisional" licence rating. This provisional licence allows the sponsor to assign one Certificate of Sponsorship (CoS), which must go to the Authorising Officer so they can enter the UK and start the operation. After the AO receives their visa and arrives in the UK, the sponsor can apply to upgrade to an 'A-rating' licence. This upgrade enables them to sponsor the rest of the founding team, up to five workers in total.

Section 2: The Five Global Business Mobility Routes: A Detailed Comparison

Choosing the correct route is essential for a successful application. The requirements for salary, prior employment, and visa duration differ substantially.

2.1 Senior or Specialist Worker Visa (Replaces ICT)

This route is the main option for established multinational companies that need to transfer key staff to an existing, linked UK entity.

Key Applicant Requirements:

• Sponsorship: A valid Certificate of Sponsorship (CoS) from a licensed UK sponsor.
• Overseas Work: The applicant must have worked for the employer (or a linked entity) outside the UK for at least 12 months.
• High-Earner Exception: This 12-month work requirement is waived if the applicant's annual salary is £73,900 or more.
• Skill Level: The UK job must be at RQF Level 6 (equivalent to a UK bachelor's degree) or above.
• Salary: The salary must be at least £52,500 per year or the "going rate" for that specific occupation code, whichever is higher.

Visa Length and Stay:

• The visa can be granted for up to 5 years in a single application.
• Maximum Total Stay: This is a cumulative cap on time spent on this and other GBM/ICT routes:
  • Standard Earners: 5 years in any 6-year period.
  • High Earners (£73,900+): 9 years in any 10-year period.

2.2 UK Expansion Worker Visa (Replaces Sole Representative)

This route is for senior managers or specialist employees who are sent to the UK to open the company's first branch there. It cannot be used if the business is already operating in the UK.

Key Applicant Requirements:

• Sponsorship: A valid CoS from a sponsor holding a UK Expansion Worker licence.
• Overseas Work: The applicant must have worked for the employer outside the UK for at least 12 months.
• Exceptions to 12-month rule: This requirement is waived for:
  1. High earners with a salary over £73,900.
  2. Japanese nationals working for a Japanese company expanding to the UK (under the UK-Japan trade agreement).
  3. Australian nationals or permanent residents working for an Australian company expanding to the UK (under the UK-Australia trade agreement).
• Skill Level: The job must be at RQF Level 6 or above.
• Salary: The salary must be at least £52,500 per year or the "going rate", whichever is higher.

Visa Length and Stay:

• This visa is a temporary bridge, not a long-term solution.
• It is granted for 12 months initially.
• It can be extended for a further 12 months, but the absolute maximum stay on this route is 2 years. It cannot be extended further.
• Strategic Implication: Within this 2-year window, the UK entity must successfully establish itself and obtain its own sponsor licence (e.g., for the Skilled Worker route) if it wishes to retain the employee in the UK.

2.3 Graduate Trainee Visa

This route is used to transfer employees who are part of a structured graduate training program. This program leads to a senior management or specialist role.

Key Applicant Requirements:

• Sponsorship: A valid CoS from a licensed UK sponsor.
• Overseas Work: The applicant must have worked for the employer outside the UK for at least 3 months immediately before applying.
• Salary: The salary must be at least £27,300 per year or 70% of the "going rate" for the role, whichever is higher.

Visa Length and Stay:

• This visa is granted for a maximum of 12 months.
• Crucially, this visa cannot be extended while in the UK. A new application must be made from overseas, subject to the overall cumulative time limits. This route must not be confused with the separate "Graduate visa" for students already in the UK.

2.4 Secondment Worker Visa

This route is for employees of an overseas business who are being seconded to a different UK organisation to work on a specific contract. This is distinct from the Senior/Specialist route, where the transfer is within the same corporate group.

Key Applicant Requirements:

• Sponsorship: A valid CoS from the UK organisation that has the contract.
• The "High-Value Contract" Rule: The core requirement is that the overseas employer must have a contract with the UK sponsor worth at least £50 million.
• Overseas Work: The applicant must have worked for their overseas employer for at least 12 months outside the UK.
• Skill Level: The job must be an eligible occupation, typically at RQF Level 6.

Visa Length and Stay:

• The visa is granted for 12 months initially.
• It can be extended, but the maximum total stay is 2 years.

2.5 Service Supplier Visa

This route is for foreign employees or self-employed professionals coming to the UK to offer services as outlined in one of the UK's international trade agreements.

Key Applicant Requirements:

• Sponsorship: A valid CoS from the UK business that is receiving the service.
• Overseas Work/Experience: The applicant must have worked for the overseas employer (or been self-employed in the same sector) for at least 12 months outside the UK.
• The "Trade Agreement" Rule: The service provided must be covered by a valid UK international trade agreement, such as the EU-UK Trade and Cooperation Agreement (TCA), the UK-Japan CEPA, or the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The Home Office publishes a full list of eligible agreements.

Visa Length and Stay:

• The visa is granted for 6 or 12 months at a time, depending on the specific trade agreement being used.
• The cumulative maximum stay for all GBM routes (including this one) is 5 years in any 6-year period.

Section 3: Full Costing: Sponsoring and Applying for a GBM Visa (2025)

The costs for a GBM visa are complicated and vary a lot depending on the route. The biggest difference in cost is between the Senior or Specialist Worker route and the other four GBM routes.

3.1 Costs for the Sponsor (Employer)

1. Sponsor Licence Application Fee:

• Medium/Large Sponsors: £1,579.
• Small/Charitable Sponsors: £574.
• A sponsor is considered "small" if at least two of the following conditions are met: the annual turnover is £15 million or less, total assets are £7.5 million or less, or it has 50 employees or fewer.

2. Certificate of Sponsorship (CoS) Fee:

• This fee reveals a major cost difference:
• Senior or Specialist Worker route: £525 per CoS.
• All other 4 routes (UK Expansion, Graduate Trainee, Secondment, Service Supplier): £55 per CoS.

3.2 Costs for the Applicant (Employee)

1. Visa Application Fee:

• Senior or Specialist Worker:
  • Visa up to 3 years: £769 (if applying from outside the UK) / £885 (if applying from inside the UK).
  • Visa for more than 3 years: £1,519 (outside UK) / £1,751 (inside UK).
• All other 4 routes (UK Expansion, Graduate Trainee, Secondment, Service Supplier):
  • A flat fee of £319.

2. Immigration Health Surcharge (IHS):

• This is a mandatory fee for all applicants and their dependants, allowing use of the NHS.
• The standard rate is £1,035 per person, per year.
• A lower rate of £776 per year applies to children.

3. Maintenance Funds (Financial Requirement):

• The main applicant must prove they have at least £1,270 in their bank account, held for 28 consecutive days, to support themselves upon arrival.
• This requirement is waived if the applicant has been in the UK for 12+ months, or if the A-rated sponsor "certifies" maintenance on the Certificate of Sponsorship.

3.3 Table 1: At-a-Glance Cost Comparison (Large Sponsor, 2025)

This table illustrates the significant cost difference for a large sponsor.

Section 4: The Application Process, Dependants, and Conditions

4.1 The Application Process: A Step-by-Step Guide

1. Sponsor Assigns CoS: The UK employer assigns a Certificate of Sponsorship to the worker. This is an electronic record, not a physical document. It contains a unique reference number.
2. Applicant Applies Online: The applicant must use the CoS reference number to complete the relevant online visa application form on the gov.uk website. The application must be submitted within 3 months of the CoS being issued.
3. Prove Identity: The applicant will learn how to prove their identity. This usually involves using the "UK Immigration: ID Check" smartphone app to scan their passport or going to a biometric appointment at a visa application centre (VAC).
4. Provide Documents: The key documents required include:
   • A valid passport or travel document.
   • The CoS reference number.
   • Evidence of maintenance funds (e.g., bank statements), unless certified by the sponsor.
   • Evidence of the overseas employment relationship (e.g., payslips), if required.
   • Tuberculosis (TB) test results, if the applicant is from a country on the Home Office's list.

4.2 Processing Times

Once the application is submitted and identity proven, standard processing times are:

• Applications from outside the UK: Approximately 3 weeks.
• Applications from inside the UK (switching): Approximately 8 weeks.

Faster decisions via the Priority (5-day) or Super-Priority (next-day) services may be available for an additional fee, though availability is not guaranteed.

4.3 Bringing Your Family: Dependant Visas

All five Global Business Mobility routes permit the main applicant to bring their dependant family members to the UK.

A "dependant" is defined as:

• A partner (spouse, civil partner, or an unmarried partner in a relationship akin to marriage for at least two years).
• A child under the age of 18.

Dependant Maintenance Funds: Dependants must also show they have money, unless their support is confirmed by the sponsor. It is important to note that the financial requirement for work visa dependants is different from the £29,000 minimum income requirement for Family Visas under Appendix FM.

Instead, work visa dependants must show a lower, flat amount of cash savings:

• £285 for a partner
• £315 for one child
• £200 for each additional child

These funds must be held for 28 days and are in addition to the £1,270 required for the main applicant.

4.4 Conditions of Your Stay (Rights and Restrictions)

While in the UK on a GBM visa, an individual:

CAN:

• Work for their sponsor in the job described on their CoS.
• Study.
• Travel abroad and return to the UK.
• Do voluntary work.

CANNOT:

• Access most benefits (public funds) or the State Pension.
• Change jobs to a different employer, unless they apply for and are granted a new visa.
• Take on a second job.
• Apply to settle permanently (ILR) on this visa route.

Section 5: Strategic Planning: Life After the Global Business Mobility Visa

This is the most important area of advice for both employers and employees. Misunderstanding that the GBM visa is temporary can result in failed long-term plans and the loss of essential staff.

5.1 The Critical Point: GBM is Not a Route to Settlement

It must be clear that the Global Business Mobility visa is a temporary, non-settlement option. An employee who spends 5 years on a Senior or Specialist Worker visa, or 9 years as a high earner, will not qualify for Indefinite Leave to Remain after that time. This is the main difference between the GBM routes and the Skilled Worker route, which leads directly to settlement.

5.2 The Primary Strategy: Switching to a Skilled Worker Visa

For employees who wish to remain in the UK long-term, the most common strategy is to switch from a Global Business Mobility visa to a Skilled Worker visa.

This is an entirely new visa application and requires:

1. A Skilled Worker Sponsor Licence: The UK employer must hold a separate sponsor licence for the Skilled Worker route.
2. A New CoS: The employer must assign a new Skilled Worker CoS.
3. Meeting Skilled Worker Rules: The job and the applicant must meet the criteria for the Skilled Worker route, which include a different salary threshold and a mandatory English language requirement (which the GBM routes do not have).

5.3 The "Settlement Clock" Trap: A Warning from Bekenbey Solicitors

This is the most complex and often overlooked trap in UK immigration planning. Many applicants assume that if they spend 3 years on a Senior or Specialist Worker visa and then 2 years on a Skilled Worker visa, they will have met the 5-year requirement for ILR (3 + 2 = 5).

This assumption is incorrect.

Home Office rules explicitly state that time spent on the Global Business Mobility routes (or their predecessor ICT routes) does not count towards the 5-year qualifying period for settlement on the Skilled Worker route.

When an employee switches from a GBM visa to a Skilled Worker visa, their "settlement clock" resets to zero. They must complete 5 full years from the date their Skilled Worker visa is granted before they become eligible to apply for ILR. This is a vital fact for managing employee expectations and planning long-term assignments.

5.4 Switching to a GBM Visa From Inside the UK

It is possible to switch to some GBM routes from within the UK, which can be a valuable strategy for talent retention.

• Switching from a Student Visa: An individual in the UK on a Student visa can switch to a Senior or Specialist Worker or UK Expansion Worker visa. However, they must meet the eligibility rules and one of the following conditions:
  1. They have completed the course of study.
  2. Their job start date on the CoS is after their course has finished.
  3. They have been studying for a PhD for at least 24 months.
• Who CANNOT Switch: It is not possible to switch to a GBM route from inside the UK if a person has a visa as a visitor, seasonal worker, or domestic worker in a private household. Those individuals must leave the UK and apply for their GBM visa from their home country.
• Exception: The Graduate Trainee route is an exception. An application for this specific route cannot be made from inside the UK.

Section 6: How Bekenbey Solicitors Can Help

The Global Business Mobility routes provide important options for international businesses. However, they come with legal challenges, serious compliance responsibilities, and major long-term strategic pitfalls.

As specialist immigration solicitors, we partner with clients to provide clarity and security.

For Businesses (Sponsors):

Navigating the complexities of sponsor licence applications is our expertise. We can help your business:

• Secure a Skilled Worker or Global Business Mobility sponsor licence.
• Manage the unique, multi-stage application for a 'provisional' UK Expansion Worker licence.
• Provide robust advice on compliance, SMS reporting, and the Genuine Vacancy test to protect your licence from revocation.
• Conduct compliance audits and provide essential training for your Authorising Officer and Key Personnel.

For Individuals (Applicants):

Your UK visa is the first step in a longer journey. We provide strategic advice for your entire immigration pathway:

• Managing your initial GBM visa and dependant applications, ensuring all financial and documentary evidence is correct.
• Advising on the crucial differences between the 5 GBM routes to ensure you are on the correct path.
• Creating a long-term strategy for settlement, including advising on the right time and process for switching to a Skilled Worker visa.
• We will ensure you understand the "settlement clock" rules and are not caught by common, costly, and life-altering traps.

Contact Dr. Ergul Celiksoy at Bekenbey Solicitors today for a consultation on your global mobility and UK immigration needs.

Disclaimer: The information in this article is for general guidance only and does not constitute legal advice. Immigration rules change frequently. Please contact Bekenbey Solicitors for advice specific to your circumstances.