Overview of the UK Expansion Worker Visa
The UK Expansion Worker visa is part of the Global Business Mobility immigration routes. It is designed for eligible senior managers and specialist employees of overseas businesses that want to establish a new UK branch or subsidiary.
The route can allow an overseas business to send an existing employee to the UK to help establish its UK operation where the relevant requirements are met.
It is important to distinguish this route from the former Sole Representative route. New applicants seeking to establish a first UK branch should now consider the UK Expansion Worker route where they qualify.
Who Is the Route For?
The UK Expansion Worker route is aimed at an overseas business that has not yet started trading in the UK.
The applicant must already work for the overseas business and generally needs to be a senior manager or specialist employee undertaking an eligible role in the UK.
The route is therefore not designed for someone simply looking for employment in the UK. There must be a genuine connection between the overseas business, the worker and the proposed UK expansion.
Eligibility Requirements
An applicant generally needs:
- A valid Certificate of Sponsorship
- Employment with the overseas business
- An eligible occupation
- The required salary
- The required period of overseas employment
- An employer that meets the requirements of the UK Expansion Worker route
The standard overseas employment requirement is generally at least 12 months, although exceptions apply in certain circumstances. For example, the requirement may not apply where the worker earns over £73,900 or where certain Japanese or Australian nationality requirements are met.
Salary Requirement
The current general salary requirement is £52,500 per year or the applicable going rate for the occupation, whichever is higher.
The correct occupation code should be identified before the application is submitted because each eligible occupation can have its own going rate.
Employers should also ensure that the actual duties of the role correspond with the occupation code being used for sponsorship.
Overseas Business Requirements
The overseas business must meet specific requirements.
For example, the business must demonstrate that it has been trading for the required period and must provide evidence of its trading activity.
The business must also demonstrate that it genuinely intends and is able to expand into the UK and establish a UK trading presence within the relevant period.
This means the application should be supported by credible evidence of the proposed expansion rather than simply a general intention to operate in Britain.
Sponsor Licence
The overseas business may need to obtain a Sponsor Licence for the UK Expansion Worker route.
The sponsorship requirements are different in some respects from those applying to businesses that are already trading in the UK.
The organisation must appoint appropriate key personnel to manage sponsorship. For UK Expansion Worker applications, there are specific provisions concerning who may act as the Authorising Officer.
Establishing the UK Operation
The sponsored worker can undertake work connected with establishing the UK branch or subsidiary.
This may involve activities such as developing the business, establishing operations, recruiting staff and preparing the UK business to begin trading.
The business must continue to satisfy the relevant requirements during the sponsorship process.
Length of Stay
The UK Expansion Worker route is temporary.
Permission is generally granted for the shorter of the period specified by the Certificate of Sponsorship, including any permitted additional period, or the maximum period allowed under the relevant route. In certain circumstances, permission may be granted for up to 12 months after the job start date.
The route does not itself provide a direct route to indefinite leave to remain.
Dependants
An eligible UK Expansion Worker may be able to bring their partner and children to the UK as dependants, provided they meet the relevant requirements.
Each dependant normally needs to make their own immigration application and satisfy the applicable rules.
If the Business Is Already Trading
The UK Expansion Worker route is specifically intended for businesses establishing a UK presence.
If the business is already trading in the UK, another immigration route may be more appropriate. For example, an eligible international employee of a linked UK business may need to consider the Senior or Specialist Worker route.
How We Can Help
SWM Solicitors advises overseas businesses and employees on UK Expansion Worker applications.
We can assist with assessing the overseas business, sponsor licence requirements, expansion plans, occupation and salary requirements, Certificates of Sponsorship and visa applications.
We can also advise businesses on whether the UK Expansion Worker route is the most appropriate option for their planned UK operations.