In an increasingly interconnected world, many companies look to expand their operations internationally. For overseas businesses eyeing the UK market, the UK Expansion Worker visa provides a vital route for senior or specialist employees to establish a foothold in Britain. Introduced as part of the UK’s Global Business Mobility (GBM) visa framework, the UK Expansion Worker visa replaced the Sole Representative visa, offering a strategic pathway for businesses to deploy trusted personnel to establish a UK branch or subsidiary. However, navigating the eligibility, application, and compliance requirements for this visa is far from straightforward.
In this article, we outline everything you need to know about the UK Expansion Worker visa, including its eligibility criteria, permissible activities, compliance duties, and key benefits.
Understanding the UK Expansion Worker Visa
The UK Expansion Worker visa is a specialist, sponsored work route designed to enable senior managers or skilled specialists from overseas companies to temporarily work in the UK, setting up the initial operations for their employer. Unlike previous immigration routes, this visa is limited to businesses that have yet to start trading in the UK. It requires overseas companies to obtain a sponsor license, aligning with the UK government’s push for greater compliance and transparency in business migration.
Permissible Activities
Visa holders are permitted to work only in the role specified in their sponsorship certificate, helping establish the UK branch or subsidiary. They may also engage in voluntary work and study, travel in and out of the UK, and bring dependents who meet the relevant requirements. The visa allows a maximum initial stay of up to 12 months, extendable for another 12 months, with an overall cap of two years. However, this visa does not offer a route to settlement; individuals seeking permanent residency must later transition to an alternative visa.
Eligibility Requirements for the UK Expansion Worker Visa
To qualify, the applicant must work for an overseas branch linked to the UK entity, meeting specific sponsorship, skill, and salary requirements under a points-based system.
- Sponsorship: The applicant must score 20 points by obtaining a valid Certificate of Sponsorship (CoS) from a licensed UK sponsor, with proof of 12 months of employment with the overseas entity. Exemptions to this 12-month requirement apply to high earners (earning over £73,900), as well as certain Japanese and Australian nationals.
- Skill Level: A further 20 points can be earned if the sponsored role meets the required skill level, typically a managerial or specialist position that aligns with the role’s demands.
- Salary: The final 20 points are awarded if the role offers a salary of at least £48,500 or the ‘going rate’ for the specific occupation, whichever is higher.
In addition to these points, applicants from countries with high tuberculosis rates must present a valid TB test certificate. Financial requirements may also apply, with a £1,270 maintenance fund mandated unless the employer provides certification of maintenance.
Sponsor Requirements and Compliance Obligations
For a company to sponsor a UK Expansion Worker, it must be a branch or subsidiary of an established overseas business and hold a sponsor license specifically for this visa category. The sponsor must establish a ‘UK footprint,’ evidenced by having UK premises or a registration with Companies House, and show at least three years of overseas trading history.
The sponsor’s obligations extend beyond the initial setup. Employers must keep meticulous records, ensure compliance with UK labor laws, and report any significant changes in the employee’s role or status to the UK Home Office. The sponsor rating varies depending on whether the Authorising Officer (AO) is based in the UK or overseas. Initially, if the AO is not UK-based, the sponsor receives a provisional rating and may be limited to one Certificate of Sponsorship. Full certification is granted upon the AO’s successful UK entry, allowing an allocation of up to five CoS at any time, subject to business needs.
Should the business fail to establish a UK trading presence within two years, the CoS allocation will be suspended, and the license may be revoked.
Application Process and Timeline
Prospective UK Expansion Workers can apply for a visa up to three months before their intended start date. The application process involves completing an online form, paying a £298 application fee, and submitting biometric information. Additional expenses include the Immigration Health Surcharge (IHS), which grants access to the National Health Service (NHS) during the visa’s validity.
Applications typically take three weeks to process if made from outside the UK, with priority services available for faster results. Employers must also budget for the sponsor licensing fees and CoS issuance fee (£25), while businesses new to the sponsorship process may incur additional costs in seeking legal advice and ensuring compliance.
Key Benefits of the UK Expansion Worker Visa
For employers, the UK Expansion Worker visa offers a streamlined pathway to establish a UK presence, a market renowned for its economic stability, diverse talent pool, and robust regulatory environment. Having a senior representative on the ground enables companies to make informed decisions, build local partnerships, and secure investments, providing a tangible advantage in the competitive UK market.
For employees, the visa presents an invaluable opportunity to gain international experience, refine leadership skills, and immerse themselves in a dynamic business ecosystem. Additionally, access to NHS healthcare provides peace of mind for employees and their dependents, allowing them to focus on their strategic roles without concerns about healthcare accessibility.
Compliance and Responsibilities for Visa Holders
Both employers and employees bear significant compliance responsibilities under the UK Expansion Worker visa. Employers must:
- Verify that the employee is working exclusively in the role specified in the sponsorship certificate.
- Comply with UK labor laws, including salary and working conditions.
- Maintain accurate records of employment and report any changes in the employee’s status to the Home Office.
Employees, on their part, must adhere to the visa conditions by working solely for the sponsoring employer, abiding by UK laws, and maintaining up-to-date personal information with the Home Office.
Regular compliance checks by the Home Office mean that both parties must remain vigilant to avoid penalties or revocation of the sponsor license, which could jeopardize the company’s expansion efforts.
Duration and Conditions: Visa Extensions and Limitations
The UK Expansion Worker visa grants an initial period of up to one year, extendable for an additional 12 months, but not beyond two years in total. Extensions are contingent on proof that the UK branch or subsidiary is trading and compliant with UK law. Importantly, the visa’s temporary nature precludes access to most public funds and state pensions, and it does not lead to settlement. Those seeking long-term residency must later apply under a different immigration route, such as the Skilled Worker visa.
The Future of Business Expansion in the UK
As overseas businesses consider UK expansion, understanding the UK Expansion Worker visa’s requirements and limitations is essential for a smooth and successful entry. A carefully crafted application and compliance strategy can ensure that both the business and the employee derive maximum benefit from this visa route, gaining access to the UK’s market and enhancing their professional growth.
For those seeking assistance, immigration solicitors offer expert guidance to navigate the application, maintain compliance, and ensure that UK expansion goals align with immigration regulations.
The UK Expansion Worker visa is a powerful tool for international businesses, offering a chance to access one of the world’s most robust economies. However, success requires careful planning and a commitment to compliance, ensuring that the business has the foundation to thrive in the UK long-term.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.