UK Expansion Worker Visa: Complete Guide 2024

Through the UK Expansion Worker visa, overseas companies can deploy senior personnel to the UK to set up their first UK branch or subsidiary. It replaced the previous Sole Representative visa, and is one of the specialist sponsored work routes under the Global Business Mobility (GMB) visa umbrella.

While the UK Expansion Worker visa offers growth opportunities for both the employer and employee, the eligibility and application requirements are complex. The overseas organisation must obtain a sponsor licence before the employee can apply for their visa. With a visa secured, ongoing compliance duties will then have to be met and there are strict conditions on what the employee can and cannot do while in the UK.

In this guide, we explain how overseas companies can take advantage of the UK Expansion Worker visa to expand into the UK market, with insights into the application process, extension rules and guidance on the sponsorship rules and compliance obligations that arise under this visa.

 

Section A: What is the UK Expansion Worker Visa?

 

The UK Expansion Worker allows workers to come to Britain to establish UK-based operations for their overseas business. It allows eligible businesses to sponsor senior managers or specialist workers being assigned to the UK for a temporary period to undertake work related to the expansion of the overseas business in the UK.

 

1. Permissible Activities

 

As a UK Expansion Worker, the visa-holder will be allowed to work in the UK in the job for which they’ve been sponsored, as described in their sponsorship certificate. They will also be permitted to undertake voluntary work and study in the UK.

An Expansion Worker in the UK can be accompanied or joined by their partner and dependent children if they meet the relevant requirements for dependants. The applicant and their family will also be able to travel in and out of the UK for so long as their visas remain valid.

Once you have established the UK office, you would have 2 years to initially establish your business within the UK, once you have established the business, you are then able to add other routes to your (Expansion worker) licence.

 

2. How Long Does a UK Expansion Visa Last?

 

If an application for a UK Expansion Worker visa is successful, leave will be granted for whichever is shorter of 12 months after the start date of the job on the sponsorship certificate and 14 days after the end date of that job. If the UK Expansion Worker is looking to stay longer in the UK, they can extend their visa, but only by 12 months. The maximum time that an individual can stay in the UK on a UK Expansion Worker visa is 2 years.

UK expansion workers are also subject to the maximum cumulative period for other GBM routes. This means that if they have spent time in the UK on this or another visa, they might not be able to stay on a UK Expansion Worker visa for as long. An individual can only stay in the UK for a maximum of 5 years in any 6 year period if they’ve spent time on any of the other GMB visas, or as an Intra-company graduate trainee or intra-company transferee.

The UK Expansion Worker route does not provide a path to settlement in the UK, although a senior or specialist employee may be able to apply for leave to remain under a different immigration route, one which will enable them to obtain indefinite leave to remain, provided they meet the eligibility requirement under that route.

 

3. Benefits of the UK Expansion Worker Visa

 

The UK Expansion Worker Visa offers a range of benefits for employers looking to establish a presence in the United Kingdom, as well as for employees who are selected to lead these expansion efforts.

For employers, the primary advantage of the UK Expansion Worker visa is the opportunity to expand their business operations into the UK with greater ease and support. By allowing businesses to send a trusted senior employee to the UK to set up a new branch or subsidiary, they can gain direct access to the UK market, opening new avenues for revenue, partnerships and investments.

With a senior representative in the UK, businesses can benefit from informed decisions on the ground, managing local operations effectively, and ensuring that the new branch or subsidiary adheres to UK standards and practices.

For employees, the UK Expansion Worker visa presents significant career advancement opportunities. Employees who are chosen to lead the expansion efforts can gain invaluable international experience, develop their leadership skills, and enhance their professional profile. Working in the UK allows them to engage with a diverse and dynamic business environment, which can broaden their perspective and contribute to their personal and professional growth.

The visa also ensures that employees have legal work status in the UK, providing them with the security and peace of mind to focus on their responsibilities. This legal status includes access to the UK’s public services, such as healthcare through the National Health Service (NHS), which can be a significant benefit for employees and their families.

 

Section B: UK Expansion Worker Visa Eligibility Requirements

 

Applicants must be at least 18 to qualify for a UK Expansion Worker visa. The applicant must also already be working for a linked overseas business on the date of application and, unless they fall within an exception, have worked for that business for a prescribed minimum period.

 

1. UK Expansion Worker Visa Requirements

 

As a points-based system visa, the UK Expansion Worker visa requires applicants to be awarded a total of 60 points against the following three criteria: sponsorship, skill and salary.

To score 20 points for sponsorship, the applicant must have a valid Certificate of Sponsorship (CoS) assigned by a licensed sponsor and be sponsored for employment that is genuine to meet the overseas work requirement.

To be eligible for sponsorship, the applicant must currently be working for an overseas linked employer and have done so for at least 12 months, unless one of the following exemptions applies: the applicant is earning over £73,900, or is a Japanese national doing work for a Japanese company expanding to the UK, or is an Australian national 0r permanent resident coming to the UK to open a branch or subsidiary of their Australian employer. This means high-earners or qualifying Japanese and Australian nationals must be working for an overseas linked employer, but don’t need to have worked outside the UK for any specific period.

To score 20 points each for skill and salary, the applicant must have sponsorship for an eligible job role at or above an appropriate minimum skill level, with an annual salary of at least £48,500 or the ‘going rate’ for that job, whichever is higher.

Only roles featured on the UK Government’s list of ‘Global Business Mobility: eligible occupations and codes‘ are eligible. Each eligible role is assigned a going rate.

In addition to the points-based requirements, a UK Expansion Worker from a listed country must provide a valid TB test certificate.

Those applying for either entry clearance or leave to remain, where they have been in the UK for less than 12 months, must also satisfy a financial requirement. The financial requirement must be met by showing proof of funds of at least £1,270, where the sponsor is unable to certify maintenance under this route. The applicant will need to have had the money available for at least 28 consecutive days, where the end date of the 28 day period must be within 31 days of the date that they apply.

 

2. Sponsor Requirements for UK Expansion Workers

 

The employing organisation must be a branch or wholly-owned subsidiary of an established overseas business although, unlike other sponsored work visas, the UK Expansion Worker route can only be used if the business hasn’t yet begun trading in the UK.

If a linked overseas employer is looking to send an employee to the UK on a temporary work assignment in a business that is already trading in the UK, they should instead apply for a Senior or Specialist Worker visa, or even a Skilled Worker visa, although the UK employer would need to be licensed to sponsor under these routes instead.

When sponsoring a UK Expansion Worker, the sponsor must hold a valid licence for this category of worker, and ensure that the employment on offer in the UK meets the relevant skill and salary requirements. Only then can the sponsor issue a valid CoS.

When applying for a licence to sponsor applicants on the UK Expansion Worker route, the sponsor must show what’s known as a UK ‘footprint’. This can be demonstrated with evidence of UK business premises or registration with Companies House. They must also prove an overseas trading presence, together with credible plans to expand to the UK. To do this, the sponsor will usually need to show that the overseas business has been active and trading for at least 3 years, and that it intends and is capable of establishing a new UK branch or wholly-owned subsidiary within a period of 2 years following the grant of a licence.

The type of rating a UK Expansion Worker sponsor will be given will depend on whether the Authorising Officer (AO) nominated in the sponsor licence application is already based in the UK or is currently based overseas. The AO must be the most senior person in the business responsible for the recruitment of migrant workers. If the person named as AO in the licence application is already based in the UK, the sponsor will be given an A-rating and full CoS allocation, up to a maximum of 5. The maximum allocation number at any one time is limited to the number of workers genuinely needed to establish the business in the UK, where once a UK trading presence has been established, other routes can be added to the sponsor licence.

In contrast, if the AO is outside the UK, the sponsor will initially be given a CoS allocation of just 1, with a provisional licence rating. The AO, who must also be the person responsible for using the sponsorship management system (SMS), known as the Level 1 user, must then assign that CoS to themselves in order to make a successful application for entry clearance. If granted entry clearance, the AO must make a request via the SMS for the sponsor licence rating to be changed from provisional to an A-rating, in this way increasing the CoS allocation.

If the overseas business fails to establish a trading presence within the relevant timeframe, the sponsor’s CoS allocation on this route will be reduced to zero. They will be unable to sponsor any applications from new workers or extension applications from existing sponsored workers, and could even have their licence revoked.

 

Section C: UK Expansion Worker Visa Application Process

 

To apply for a UK Expansion Worker visa, the applicant will need to complete an online application, using their CoS reference number. They can apply for a visa up to 3 months before the day that they’re due to start work in the UK, as listed on the sponsorship certificate.

As part of their application, they will need to prove their identity and provide any documents in support. They may also need to attend an appointment to do this and to provide their biometric information. They will be told if an appointment is needed when they apply.

The required supporting documents for the UK Expansion Worker visa include:

 

a. A valid CoS from a UK licensed sponsor
b. Passport or other travel document showing their identity and nationality
c. Evidence that they have worked for their employer outside the UK for a period of at least 12 months, where applicable
d. Proof of funds, where applicable
e. Valid tuberculosis test certificate, if from a listed country.

 

Required Documents for UK Expansion Worker Visa Application
Document	Description
Valid Passport	A current passport with at least one blank page for the visa.
Certificate of Sponsorship	A unique reference number provided by the sponsoring employer in the UK.
Proof of Business Operations	Documentation demonstrating the overseas business is genuine and active.
Business Plan	A detailed plan outlining the business’s goals, strategies, and financial projections for the UK expansion.
Proof of Employment	Evidence that the employee holds a senior position within the company, such as a contract of employment or a letter from the employer.
Financial Evidence	Documents showing that the business can financially support the UK operations, such as bank statements or financial reports.
Proof of Qualifications	Certificates or diplomas verifying the employee’s relevant qualifications and experience.
Photographs	Recent passport-sized photographs of the applicant, as per UK visa photo requirements.
Criminal Record Certificate	A certificate from any country where the employee has lived for 12 months or more in the past 10 years, if required.
Tuberculosis Test Results	A test certificate if the applicant is from a country where TB testing is mandatory for UK visa applications.
Proof of Relationship	Documents such as marriage or birth certificates if dependants are accompanying the applicant.
Immigration Health Surcharge Receipt	Proof of payment for the Immigration Health Surcharge (IHS).

 

 

Section D: UK Expansion Worker Visa Application Costs & Processing Times

 

To apply for a UK Expansion Worker visa, there are various costs involved. In addition to needing funds of at least £1,270, where applicable, the applicant will need to pay the application fee of £298 and the annual immigration health surcharge.

 

Read our comprehensive guide to the Immigration Healthcare Surcharge here >> 

 

The business will also need to factor in the cost of applying for sponsorship, plus a fee for issuing each CoS. As a temporary worker route for sponsor licensing fee purposes, the fee will be the standard fee for a Temporary Worker sponsor licence of £536, regardless of the size or charitable status of the sponsor. The fee for issuing a CoS for a UK Expansion Worker is £25.

UK Expansion Worker applications typically take 3 weeks to process if outside the UK, or 8 weeks if inside the UK. Priority processing may be available for an additional £500, which offers a decisoin in 5 working days, or a decision can be made by the end of the next working day under the super priority service for an additional £1000.

Section E: Visa Duration & Conditions

 

The UK Expansion Worker Visa is initially granted for a period of up to one year. This duration provides the employee with sufficient time to establish a new branch or subsidiary of the overseas business in the UK. During this period, the visa holder is expected to set up and manage the UK operations, ensuring that the business complies with local regulations and standards.

 

1. Extending the Expansion Worker Visa

 

If the business operations in the UK are successful and ongoing, the visa can be extended. The extension process requires the company to demonstrate continued eligibility and provide evidence that the UK branch or subsidiary is actively trading and compliant with all necessary legal requirements. The maximum duration of stay under this visa category is up to two years, including the initial visa period and any extensions granted. Extensions are typically considered in increments, and businesses must apply for each extension before the current visa expires.

The visa imposes specific conditions and restrictions on the type of work the holder can perform. The employee is permitted to work only for the sponsoring employer and in the role described in the certificate of sponsorship. This ensures that the visa is used solely for the purpose of establishing and managing the new business entity in the UK. The visa holder is not allowed to take up additional employment outside of their specified role, nor can they change employers without obtaining a new visa that reflects their new employment circumstances.

Furthermore, the visa holder is not eligible to access most public funds or the State Pension, which underscores the visa’s focus on facilitating business operations rather than permanent settlement or long-term residency in the UK. The conditions also stipulate that the visa holder cannot apply for indefinite leave to remain, highlighting that this visa is intended for temporary purposes related to business expansion.

 

2. Recruitment Strategy

 

Once the UK operations are established, the sponsoring business may wish to continue hiring overseas workers to support and expand their UK operations. To do this, they must comply with UK immigration rules and ensure they have the appropriate sponsorship licence. Or immigration experts can advise on the options and routes available to support your international recruitment strategy.

 

Section F: Sponsor Compliance Obligations

 

The UK Expansion Worker Visa comes with a set of compliance requirements and obligations that both the employer and the employee must adhere to, ensuring the integrity of the immigration system and the smooth operation of the business in the UK.

 

1. Employer Responsibilities

 

Employers sponsoring a worker under the UK Expansion Worker Visa have several key responsibilities. First and foremost, they must ensure that the business remains a genuine and active entity overseas while establishing its presence in the UK. They must provide accurate and truthful information during the visa application process and maintain this standard throughout the duration of the visa.

Employers are also responsible for ensuring that the employee is working in the role specified in their certificate of sponsorship and that the terms of employment comply with UK labour laws, including salary, working conditions, and other employment rights. Employers must keep comprehensive records of the employee’s work, including proof of employment, job description, and payroll details. Additionally, they are required to report any significant changes in the employee’s circumstances or employment status to the UK Home Office. This includes changes in job role, salary adjustments, or if the employee leaves the company.

 

2. Employee Responsibilities

 

Employees holding the UK Expansion Worker Visa also have specific obligations they must fulfil. They must work only in the role and for the employer stated in their visa application and certificate of sponsorship. Taking up additional employment or changing employers without appropriate visa amendments is strictly prohibited.

Employees must comply with all UK laws and regulations, not just those related to immigration. This includes paying taxes and National Insurance contributions as required. They must keep their personal information up to date and notify their employer and the Home Office of any changes, such as a new address or changes in family circumstances if they have dependants with them in the UK.

 

3. Reporting and Record-Keeping Requirements

 

Both employers and employees are required to maintain thorough and accurate records to demonstrate compliance with the visa conditions. Employers must keep copies of the employee’s passport, visa, and contact details, as well as records of the employee’s absences from work. These records should be readily available for inspection by the UK Home Office if requested.

Regular reporting is also a critical component of compliance. Employers must report any non-compliance by the employee, such as unauthorised absences or breaches of visa conditions. They must also report any significant organisational changes that might affect the business’s status or the employee’s role within the company.

 

Section G: Summary

 

The UK Expansion Worker visa offers a strategically valuable route for businesses aiming to grow internationally, and for employees seeking to advance their careers through international assignments. It bridges the gap between global aspirations and local execution, making it an invaluable tool for successful business expansion into the UK. Strict procedural and compliance obligations apply however, requiring specialist advice to avoid issues when applying for the sponsor licence and visa, and for the duration of the visa validity period.

 

Section H: Need Assistance?

 

DavidsonMorris’ business immigration specialists can support with your organisation’s plans to expand into the UK.

We provide advice on the Home Office requirements to deploy personnel under the UK Expansion Worker route, including advice on the sponsorship licence and compliance obligations for employers and the visa application process for your employees, as well as strategic immigration guidance for the employer once they are established in the UK. Contact us for specialist advice.

 

Section I: UK Expansion Worker Visa FAQs

 

What is UK Expansion Worker visa?

The UK Expansion Worker visa is for companies from outside of the UK who do not have a trading presence in the UK, and require a senior person to establish a branch or subsidiary in the UK.

 

How much is a the UK Expansion Worker visa?

The application fee for a UK Expansion Worker visa is £298. The applicant will also need to pay an annual healthcare surcharge per year of leave.

 

Do you need sponsorship for the UK Expansion Worker visa?

To obtain a UK Expansion Worker visa, the applicant will need to be assigned a valid Certificate of Sponsorship (CoS) from a UK sponsor authorised by the Home Office to sponsor this category of worker.

 

Who is eligible for the UK Expansion Worker Visa?

Eligibility requires the business to be a genuine and active overseas company with no existing branch or subsidiary in the UK. The employee must hold a senior position within the company, have the necessary skills and experience, and be responsible for establishing the UK operations.

 

How long is the UK Expansion Worker Visa valid for?

The visa is initially granted for up to one year. It can be extended, with the total maximum duration of stay being up to two years, including extensions.

 

Can the UK Expansion Worker Visa lead to permanent residency?

The UK Expansion Worker Visa does not provide a direct pathway to permanent residency or indefinite leave to remain. However, visa holders can explore other visa options that may lead to settlement.

 

Can family members accompany the visa holder to the UK?

Yes, the visa holder can bring their partner and children as dependants, provided they meet the eligibility requirements.

 

What are the work restrictions under the UK Expansion Worker Visa?

The visa holder is permitted to work only for the sponsoring employer and in the role specified in their certificate of sponsorship. They cannot take up additional employment or change employers without updating their visa.

 

What happens if the visa application is refused?

If the application is refused, the applicant can request an administrative review or reapply, addressing the reasons for refusal. Seeking legal advice can be beneficial in such cases.

 

Can the visa be extended?

The UK Expansion Worker visa can be extended if the business operations in the UK are successful and ongoing. The extension application must be submitted before the current visa expires, and the business must continue to meet the eligibility criteria.

 

What are the employer’s responsibilities under this visa?

Employers must ensure that the employee works in the role specified, comply with UK labour laws, maintain accurate records, and report any significant changes to the UK Home Office.

 

What documents are required for the visa application?

Required documents include a valid passport, proof of business operations, a detailed business plan for the UK expansion, and evidence of the employee’s role and experience.

 

What are the financial requirements for the UK Expansion Worker Visa?

The business must demonstrate financial stability and the capability to support the UK operations. This includes covering the visa application fee, healthcare surcharge, and ensuring the employee has sufficient funds for personal support.

 

Section J: Glossary

 

Term	Definition
UK Expansion Worker Visa	A visa that allows businesses to send a representative to the UK to establish a branch or subsidiary.
Eligibility Criteria	The set of requirements that must be met by both the business and the employee to qualify for the visa.
Application Process	The series of steps that need to be completed to apply for the UK Expansion Worker Visa.
Business Plan	A detailed plan outlining the business’s goals, strategies, and financial projections for the UK expansion.
Processing Time	The duration it takes for the UK Home Office to review and make a decision on a visa application.
Application Fee	The cost associated with submitting a visa application to the UK Home Office.
Healthcare Surcharge	An additional fee paid as part of the visa application to cover NHS healthcare costs in the UK.
Visa Extension	The process of renewing the visa to allow the holder to stay in the UK beyond the initial period.
Compliance	Adherence to the rules and regulations set by the UK Home Office for visa holders and employers.
Dependants	Immediate family members such as a spouse or children who can join the visa holder in the UK.
Administrative Review	A process by which a visa applicant can challenge a refusal decision by the UK Home Office.
UK Home Office	The government department responsible for immigration, security, and law and order in the UK.
Legal Adviser	A professional who provides legal guidance, particularly in matters related to immigration.
OISC Registered Adviser	An immigration adviser registered with the Office of the Immigration Services Commissioner (OISC).
Immigration Health Surcharge (IHS)	A fee paid by visa applicants to access the National Health Service (NHS) in the UK.
Senior Position	A high-level role within a company, often involving significant responsibilities and decision-making authority.
Genuine and Active Business	A legitimate, operational business actively trading and generating revenue.
Visa Conditions	The specific rules and restrictions that a visa holder must adhere to while in the UK.

 

 

 

Section K: Additional Resources

 

UK Government Official Page on Expansion Worker Visa
https://www.gov.uk/expansion-worker-visa
Comprehensive details about the visa, including eligibility, application process, and fees.

 

Home Office Guidance on Expansion Worker Visa
https://www.gov.uk/government/collections/uk-visas-and-immigration-policy-guidance
Official guidance documents from the UK Home Office covering policy and procedural details.

 

UK Visas and Immigration Contact Information
https://www.gov.uk/contact-ukvi-inside-outside-uk
Contact details for UKVI for any visa-related queries or issues.

 

Business Plan Requirements for UK Expansion Worker Visa
https://www.gov.uk/government/publications/business-plan-for-immigration-purposes
Guidance on preparing a business plan for immigration purposes.

 

Healthcare Surcharge Information
https://www.gov.uk/healthcare-immigration-application
Information on the Immigration Health Surcharge (IHS) and how it applies to visa applicants.