UK Expansion Worker Visa

The UK Expansion Worker Visa allows senior managers or specialist employees of overseas businesses to come to the UK to establish a branch or subsidiary that has not yet started trading. This route replaces the Sole Representative visa and is part of the Global Business Mobility route. The visa enables strategic presence-building in the UK without requiring the business to already have operations there.

• Establish UK Operations: This route allows businesses to legally send key employees to set up a UK presence without needing prior UK business history.
• Bring Family Members: Applicants can bring their spouse/partner and children under the age of 18 years as dependents, who can work or study in the UK.
• Opportunity to Switch: While the visa itself does not lead directly to settlement, applicants can switch to other eligible visas like the Skilled Worker route that offer a path to an Indefinite Leave to Remain in the UK.
• Market Familiarity: Provides an opportunity for businesses to gain insights into the UK market before making long-term commitments.

For the Overseas Business:

To qualify for a UK Expansion Worker Sponsor Licence, the overseas business must meet the following requirements:

• Be actively trading for at least 3 years: The business must have a consistent operating history and financial records to demonstrate its credibility and capacity for international expansion.
• Have no existing active branch, subsidiary, or representative in the UK: The Expansion Worker route is designed exclusively for businesses looking to establish their first physical presence in the UK. If a business already has a trading UK entity, this route is not applicable.
• Have a credible and detailed UK expansion plan: This includes strategic goals, target markets, proposed investment, job creation projections, and logistical steps for launching UK operations. The Home Office must be satisfied that the business is genuinely seeking to establish operations in the UK.
• Secure a provisional sponsor licence: This type of sponsor licence allows the company to sponsor one or more employees temporarily to establish the UK branch. The provisional status reflects the company’s current non-trading status in the UK.

For the Employee:

The individual nominated to enter the UK must also meet the following eligibility requirements:

• Hold a senior managerial or specialist technical role: The role must be central to the setup and success of the UK branch. This may include directors, country managers, or technical leads with deep product or market knowledge.
• Be employed by the overseas company for at least 12 months: This ensures the individual is deeply familiar with the parent company’s operations. The 12-month employment requirement may be waived if the employee earns £73,900 or more annually, or if they are a Japanese or Australian national working for a Japanese or Australian company.
• Hold a valid Certificate of Sponsorship (CoS): The employer must issue a CoS confirming the role, duties, and duration of assignment.
• Earn a salary of at least £48,500 per year or the ‘going rate’ for the role: The salary threshold ensures the role is genuinely senior or specialised and discourages abuse of the route for low-paid positions.

Step 1: Overseas business applies for a UK sponsor licence.
The overseas business must apply to the Home Office for a sponsor licence under the Global Business Mobility route. This requires submission of corporate documents, a business expansion plan, and proof of trading history.

Step 2: Assign a Certificate of Sponsorship to the eligible employee.
Once the licence is granted (provisional), the company can assign a CoS to the chosen employee. The CoS contains key information about the role and must be used within 3 months.

Step 3: Employee applies for the UK Expansion Worker Visa online.
The nominated employee then applies for the visa online, using the CoS reference and submitting supporting documents including proof of employment, qualifications, and identity.

Step 4: Await decision; standard processing time is up to 8 weeks.
The standard processing time is up to 8 weeks. Priority and super priority services may be available for an additional fee, depending on the location of application.

The UK Expansion Worker visa is issued for a period of up to 12 months. The visa can be extended once for an additional 12 months, making the maximum stay on this route 2 years in total. The duration of the dependent applicants depends on the duration of the visa granted to the main applicant.

• No access to public funds: The applicant must be financially self-sufficient and demonstrate that his financial circumstances are strong.
• Cannot take on additional employment: Applicants cannot take up any job other than the one for which they are sponsored. It is important to show that the applicant is a senior employee of the organisation and does not intend to take any additional employment.
• Must work only for the sponsoring employer: The employee must only work for the sponsoring company in the role outlined in the Certificate of Sponsorship.

This visa route allows main applicants to bring their partners (married, unmarried, same-sex partners) and children under the age of 18 years as dependents.

Requirements:

• Proof of relationship: You must prove that a genuine and subsisting relationship exists between the main applicant and the dependent/s. Documents like marriage or birth certificate, evidence of joint investments, pictures etc. may be used to evidence the relationship.
• Evidence of sufficient funds to support dependents: Evidence must be provided that the main applicant has sufficient funds to support the dependents, unless the sponsor is covering these costs.

While the UK Expansion Worker Visa does not lead directly to settlement in the UK. This route is simply intended to allow overseas businesses to establish a UK presence, and visa holders can stay for a maximum of 2 years. Alternatively, visa holders may switch to other routes such as the Skilled Worker Visa, which can lead to indefinite leave to remain.

Challenge:
Obtaining a sponsor licence without a UK trading history, as businesses often struggle to prove their UK footprint.

Solution:
Demonstrate a credible expansion plan and evidence of a UK footprint. Include lease agreements, business registration, or letters of intent from UK partners.

Challenge:
Meeting the salary threshold. Applicants sometimes fall short of the required salary level.

Solution:
Ensure the role and salary meet the prescribed minimums or explore alternative eligible roles.

Challenge:
Demonstrating genuine intention. Vague or generic applications without adequate documentary evidence often lead to refusal.

Solution:
Submit all the information of the application form accurately and support the requirements using strong documentary evidence. It is advisable to prepare a representation letter, if there are any gaps in the application.

Contact our immigration experts today to start your UK Expansion Worker Visa application process.