UK Expansion Worker Visa

UK Expansion Worker Visa

On 15th March 2022, the UK Home Office issued a Statement of Changes to the UK’s Immigration Rules, which augmented the existing system of visas with several new business routes. The new provisions came into force on 11th April 2022 and included the Global Business Mobility visa, which has five categories. One of these is for UK expansion workers.

This category of visa replaces the previous Sole Representative visa. It is a sponsored route for workers to live and work in the UK to establish a UK branch or subsidiary of an established overseas business. Unlike other routes, the sponsorship requirement falls on the overseas employer rather than any UK organisation. The employer may sponsor a senior manager or specialist worker to work temporarily in the UK to expand the overseas business.

The business must not be trading in the UK before granting the visa. The overseas company does not need to have a UK bank account. The worker does not need to take an English language test.

A UK Expansion Worker visa enables businesses to send a representative to the UK to open up a branch of an overseas business that is not currently operating in the country. In order to be nominated for a UK Expansion Worker Visa, you need to have been an employee of the business overseas for at least 12 months in either a senior manager or specialist employee role. The only exceptions are if you are on an annual salary equivalent to or greater than £73,900 or are a Japanese national working for a Japanese company expanding into the UK.

Being approved for a UK Expansion Worker visa will allow you to work for your organisation in the role and function described in your certificate of sponsorship, undertake further studies, partake in voluntary work and travel abroad and return to the UK during the period of the visa. The potential exists for your partner and children to accompany you as your dependents if they are eligible.

Eligibility and Extensions

In order to qualify for a UK Expansion Worker visa, you will need a valid certificate of sponsorship from your employer and to have worked for their business outside of the UK for a minimum period of 12 months on a salary of at least £42,400.

If approved, you will be allowed to remain in the UK for up to 24 months from the date on the certificate of sponsorship, subject to an extension being approved before you have been in the country for 12 months.

Being approved to stay in the UK on a UK Expansion Worker visa will not allow you to apply for benefits or a UK pension. You will also not be allowed to take on alternative or additional paid employment or to apply to settle permanently in the UK.

An extension to your UK Expansion Worker visa will only be granted if you remain in the same job you were in when you entered the UK or have moved to one in the same occupation code. You have not already reached the maximum 2 year period allowed by this type of visa.

Eligibility Requirements

The overseas company and the applicant must between them satisfy nine conditions.

–         The company must obtain a sponsor licence.

–         The company must then obtain a certificate of sponsorship for the applicant.

–         The company must have been trading overseas for at least three years.

–         The company must provide a credible plan for expansion and proof of adequate funding.

–         The role must be a genuine one, equal at least to RFQ level 6.

–         Unless the applicant is a high earner (£73,900 per annum), they must have been an employee of the overseas company for at least 12 months.

–         If not a high earner, the applicant must be on a salary of at least $42,400 per annum or the accepted going rate for the role.

–         The company must show it has a presence in the UK by securing premises or registering with Companies House.

–         The applicant must own at least £1,270 for at least 28 days before the date of application. If any dependents are part of the application, this figure increases.

When the visa has been granted and the applicant has taken up their position in the UK, up to four additional employees may enter the UK on the same visa to fill eligible roles.

If the company does not have a UK-based worker to fulfil the role of authorising officer, then a senior employee sent to the UK to supervise the expansion can assume this responsibility. It is permissible for the visa applicant to take on this role.

The sponsor licence lasts for four years. It cannot be renewed on expiry.

Duration of the Visa

Initially, a UK expansion worker visa is granted for one year with the option to extend it for a second year, provided that all the conditions for an extension are met. The time granted under the visa does not count towards the qualifying period for settlement.

To extend the rights of workers to remain in the UK for longer and even permanently, the UK subsidiary must be first set up and begin trading. The subsidiary should then obtain its sponsor licence. It should apply to switch from an Expansion Worker visa to a Skilled Worker visa before the former expires. Under the Skilled Worker visa, the applicant is permitted to stay in the UK for five years, by which time they may be eligible for Indefinite Leave to Remain.

Application Process

The application process is entirely web-based and varies depending on whether you are currently outside of the UK, already in the UK and applying for an extension to your current visa or in the UK and switching from a different visa. To be accepted, you will need to be eligible for the visa, pay the £259 application fee, pay the £624 annual healthcare surcharge and demonstrate that you have sufficient personal savings of at least £1270.

You will also need to prove your identity and provide the required identification documentation for verification.

Challenging Refusals

It is possible to appeal against a refusal of entry or against a refusal of an extension within 28 days of receipt of the refusal letter, provided that you can demonstrate that you have fully complied with the rules of the UK Expansion Worker Visa scheme. If your 2 year period has expired, you have taken on alternative or additional paid work, or you have failed to pay the necessary fees. Challenging the refusal will not be possible, and you must return to your home country.

Support Available

Stellar Immigration Services has an in-depth understanding of the legalities of UK Expansion Worker visas and can support you with consulting and legal services on a flexible basis tailored to your individual needs. If you need support with any aspect of your UK Expansion Worker visa application or extension, please contact us to discuss your requirements.