Definitive Guide to UK Expansion Worker Visa & Sponsor Licence

The UK government's visa category UK Expansion Worker visa replaced the Sole Representative of an Overseas Business Visa on 11 April 2022. This is one of the visas under Global Business Mobility Visa scheme, aimed at making it easier for international businesses to expand their operations in the UK.

In this comprehensive guide, we will delve deep into the details of the UK Expansion Worker visa, including eligibility criteria, application process, sponsor licence requirements, and more. This guide aims to provide you with in-depth and up-to-date information to help you navigate the complexities of obtaining a UK Expansion Worker visa.  The employer will firstly need to have a sponsor licence for this specific visa category.

Table of Contents

1. Overview of the UK Expansion Worker Visa
2. Eligibility Criteria for the UK Expansion Worker Visa
3. Sponsor Licence Requirements
4. Applying for a Sponsor Licence
5. GBM: UK Expansion Worker Documentation Guide
6. Certificate of Sponsorship (CoS) for UK Expansion Worker Visa
7. Application Process for the UK Expansion Worker Visa
8. Salary and Skill Requirements
9. Validity and Extension of the UK Expansion Worker Visa
10. Alternatives to the UK Expansion Worker Visa
11. How Workpermit.com Can Help with Sponsor Licences
     

1. Overview of the UK Expansion Worker Visa

The UK Expansion Worker visa is designed for international businesses that are established and actively trading outside the UK and wish to send senior managers or specialists to the UK to expand their business presence. This visa category is part of the Global Business Mobility visa scheme, which also includes other routes such as the Senior or Specialist Worker visa, Secondment Worker visa, and intra-company transfer visa.

The UK Expansion Worker visa has replaced the previous Representative of an Overseas Business (also known as the Sole Representative) visa category. While there are some similarities between the two visa categories, there are also significant differences. For instance, the UK Expansion Worker visa is a temporary work visa and does not lead to settlement also known as permanent residence in the UK.  You can apply to switch to a Skilled Worker visa if you wish to stay permanently in the UK.

2. Eligibility Criteria for the UK Expansion Worker Visa

To be eligible for the UK Expansion Worker visa, applicants must meet the following criteria:

• The employing organisation must be a branch or wholly-owned subsidiary of an established overseas business.
• The overseas business must not have a trading presence in the UK.
• The applicant must be a senior manager or specialist within the company.
• The applicant must have been employed by the overseas company for at least 12 months prior to the application, or meet the high earner salary threshold (£73,900), or fulfil the specific provisions for Japanese nationals.
• The applicant must meet the minimum salary and skill requirements for the job in the UK.

3. Sponsor Licence Requirements

In order to sponsor an applicant for the UK Expansion Worker visa, the employing organisation must hold a valid sponsor licence for this specific category of worker. The sponsor licence is an essential component of the UK immigration system, allowing UK-based employers to hire non-UK nationals for specific job roles.

To obtain a sponsor licence, the employing organisation must provide evidence of its UK 'footprint', which you can show by having proof of UK business premises, or by showing that the business is registratered with Companies House either as an overseas company branch or a subsidiary of an overseas linked business.  You should also have a credible plan to expand to the UK. The organisation must demonstrate an overseas trading presence and the ability to establish a new UK branch or wholly-owned subsidiary within two years of obtaining the licence.

4. Applying for a Sponsor Licence

When applying for a sponsor licence, the organisation must nominate an Authorising Officer (AO), who will be responsible for managing the sponsorship process and ensuring compliance with the immigration rules. The AO must be the most senior person in the business responsible for the recruitment of migrant workers.

The type of rating a UK Expansion Worker sponsor will be given depends on whether the AO is based in the UK or overseas. If the AO is based in the UK, the sponsor will be given an A-rating and a full Certificate of Sponsorship (CoS) allocation, up to a maximum of 5. If the AO is outside the UK, the sponsor will initially be given a CoS allocation of 1, with a provisional licence rating. The AO must then assign that CoS to themselves and successfully apply for entry clearance before requesting a change to the licence rating from provisional to A-rated.

The sponsor licence will be valid for four years and cannot be renewed. The Home Office expects the overseas business to establish a full trading presence in the UK within two years. If the overseas business fails to do so, the sponsor's CoS allocation may be reduced to zero, preventing them from sponsoring new workers or extending the visas of existing sponsored workers.

5. GBM: UK Expansion Worker Documentation Guide

This comprehensive guide outlines the documentation requirements and exceptions you need to be aware of. Please note that unless a specific exception applies to your business, you must provide evidence for each of the four numbered headings below. Failure to do so may affect your eligibility.

Documentation Requirements

1) Proof of your UK 'footprint'
To demonstrate your business's connection to the UK, you must provide one of the following documents:

• Proof of registration of a UK branch or wholly-owned subsidiary with Companies House (include your Companies House reference number); or
• Evidence of business premises acquisition or lease in the UK (such as a lease agreement or proof of purchase).

2) Evidence of your overseas trading presence
Unless an exception applies, you must submit the following documents under a) and b) below:

a) Evidence of trading for at least 12 months before your application date

(i) One of the following:

- Corporate or business bank statements showing active transactions for services or goods for a period of at least 12 months before your application; or
- Audited or unaudited accounts, or a balance sheet with a profit and loss statement for the most recent financial year, along with an accountant's certificate of confirmation.

(ii) One of the following:

• copies of contracts for goods or services covering at least the 12-month period before the date of application; or

• evidence of advertising for services or goods offered by your overseas business

(b) Evidence of your business trading overseas for 3 years before your application date - should be one of the following documents:

• - Business accounts for the relevant period (if required by applicable laws);
  - Corporate or business bank statements;
  - Contracts for goods and services;
  - Annual reports and investor information;
  - Any other credible evidence demonstrating active trading during this period.

3) Evidence of your planned expansion to the UK
Unless an exception applies, you must provide documents listed under (a) and (b) below:

• (a) Evidence of funding capability for the first 12 months
  - Corporate or business bank statements showing transactions from the 12-month period before your application (if not already submitted under 2(a)); or
  - A letter from your corporate banking provider detailing its dealings with you.
• (b) Evidence of your expansion plans (provide at least 2 of the following)
  - A summary of your overseas business, including sector details, hierarchy chart, and job intentions in the UK;
• - A business plan summarizing the last 12 months' activity, financial position, reasons for expansion, proposed investment in the UK, and projected operating costs;
• - Evidence of market research and reasoning for selecting the UK market;
  - Proof of adherence to shareholder vote processes (if applicable);
  - Contracts or agreements with third parties involved in producing evidence under (b)(ii) or (b)(iii).

4) Other Documents
Unless an exception applies, you must also submit at least one of the following:

• Annual reports and investor information;
• Evidence of engagement or advice sought from specialist advisory companies;
• Details of UK recruitment campaigns;
• Articles of Association or equivalent documents for your overseas business;
• Details of any third-party involvement in activities related to your business expansion plan.

Additional Information:

• Any documents not in English or Welsh must be accompanied by a certified translation.
• In all cases, we reserve the right to request more information if necessary.
• Exception applies to Japanese and Australian businesses under specific trade agreements.
• Exception applies to businesses listed on certain stock exchanges.
• Please specify the exception that applies to your business in your application.
• Ensure compliance with all relevant laws and regulations.

By following this documentation guide, you can streamline your UK Expansion Worker application process and increase your chances of success.

6. Certificate of Sponsorship (CoS) for UK Expansion Worker Visa

The Certificate of Sponsorship (CoS) number is provided by the sponsor to the applicant, that confirms the job meets the relevant skill and salary requirements for the UK Expansion Worker visa. The CoS is a crucial element of the visa application process, as it demonstrates that the employer is authorised to hire the applicant and that the applicant has been offered a suitable job.

To issue a CoS, the sponsor must ensure that the employment on offer in the UK meets the relevant skill and salary requirements. The maximum CoS allocation at any one time is limited to the number of workers genuinely needed to establish the business in the UK.

7. Application Process for the UK Expansion Worker Visa

The application process for the UK Expansion Worker visa involves the following steps:

1. The employing organisation obtains a sponsor licence.
2. The sponsor issues a Certificate of Sponsorship (CoS) to the applicant. The employer also pays the immigration skills charge at the same time.
3. The applicant submits an online visa application, including the CoS reference number.
4. The applicant pays the required visa application fee of £259 and the Immigration Health Surcharge (IHS) of £624 per year.
5. The applicant provides biometric information and attends a visa appointment at a UK visa application centre.
6. The applicant submits any required supporting documents, such as proof of employment and financial maintenance.
7. The Home Office reviews the application and makes a decision.

If the application is approved, the applicant will be granted a UK Expansion Worker visa, valid for an initial period of two years.

8. Salary and Skill Requirements

The UK Expansion Worker visa requires the applicant to meet certain salary and skill requirements. The minimum salary for the job in the UK must be at least £45,800, or the appropriate rate for the specific job code, whichever is higher. The job must also meet the relevant skill level, as determined by the Home Office.

In addition to the salary and skill requirements, the Home Office will assess the genuineness of the job offer and the applicant's qualifications and experience. The sponsor must demonstrate a genuine need for the job as described and provide evidence that the applicant has the appropriate skills, qualifications, and experience to perform the job.

9. Validity and Extension of the UK Expansion Worker Visa

The UK Expansion Worker visa is initially granted for a period of two years. Applicants can apply for extensions, allowing them to remain in the UK for up to five years within a six-year period. However, time spent in the UK Expansion Worker visa category does not count towards settlement or permanent residence.

While the visa does not lead to indefinite leave to remain, applicants may have the option to switch to other visa categories, such as the Skilled Worker visa or the Senior or Specialist Worker visa, if they meet the relevant requirements. Most who wish to gain indefinite leave to remain in the will probably apply to change to the Skilled Worker visa category.

10. Alternatives to the UK Expansion Worker Visa

There are several alternative visa routes available for businesses and individuals seeking to expand their operations in the UK. These include:

• Senior or Specialist Worker visa: This visa category is designed for senior managers and specialists who are being transferred to the UK by a linked overseas employer. The UK employer must hold a sponsor licence for this category.
• Temporary Work visas: Various temporary work visa categories are available for individuals seeking to work in the UK for a short period of time, such as the Tier 5 Temporary Worker visa.

It is crucial for businesses and individuals to carefully consider the pros and cons of each visa route before deciding on the most suitable course of action.

11. How Workpermit.com Can Help with Sponsor Licences

If you need help with employing Skilled Workers and help to apply for a Sponsor Licence, including complying with your Sponsor Licence obligations, Workpermit.com can help.

For more information and advice, please contact us on 0344 991 9222 or at london@workpermit.com(link sends e-mail)