UK Expansion Worker Visa Requirements

The UK Expansion Worker Visa allows overseas companies to deploy key personnel to the UK to set up operations and expand their business. The route is aimed at overseas companies without a trading presence in the UK that require senior personnel to establish their business in the UK. The Expansion Worker visa requirements are strict, and apply to both the worker and the overseas entity.

Note that overseas businesses that are already trading in the UK would hire workers under the Senior or Specialist Worker visa.

This guide sets out the eligibility criteria that need to be met when applying for the UK Expansion Worker visa.

 

UK Expansion Worker Visa sponsor requirements

 

Overseas companies will have to apply for a sponsor licence to hire under the UK Expansion Worker route. The following eligibility requirements have to be met to qualify as a licensed sponsor.

 

UK footprint requirement

To be eligible to sponsor under the UK Expansion Worker visa, the overseas employer cannot already be trading in the UK, but they have to show they already have a ‘UK footprint’. Evidence of a UK footprint could include evidence of business premises in the UK through a lease or purchase agreement or evidence that the entity has been registered in the UK as either an overseas company branch, or a new company that is a subsidiary of an overseas linked business, through Companies House.

 

Credibility

The Home Office will also consider the credibility of the overseas trading business, requiring evidence that it has been trading for the three years previously to the submission of the sponsor licence application through documents such as Corporate business bank statements for the full period of 3 years, audited accounts.

 

Expansion plan

The UK Expansion Worker visa can only be used to move into the UK market by expanding an existing overseas business. It cannot be used to set up a new business venture in a new line of work. The UK based business must be owned in full by the overseas business or at least part of the same legal entity such as a branch.

The Home Office will require sight of the business’ expansion plan as proof that the visa applicant personnel is needed in the UK to implement the expansion plan and that the business is capable of successfully expanding into the UK.

 

Apply for a sponsor licence

The UK business ‘receiving’ the visa worker must secure a UK Expansion Worker visa sponsor licence from the Home Office. The application must evidence that the entity has an existing presence in the UK, has qualifying links to an overseas business from which it will receive workers and have suitable key personnel to manage the sponsor licence and meet the compliance duties.

If the Authorising Officer is a UK settled person, the sponsor can apply for A rated licence and up to five Certificates of Sponsorship (CoS) to allocate to UK Expansion Workers.

If the entity does not have a suitable ‘settled’ person in the UK who can take on the role of Authorising Officer, under the UK Expansion Worker sponsor licence, the entity can nominate a Proposed Authorising Officer from outside the UK. This would result in the UK sponsor being attributed a ‘provisional rating’ with only one initial Certificate of Sponsorship (CoS). This CoS would be allocated to the Proposed Authorising Officer as the entity’s first sponsored worker.

Once the Proposed Authorising Officer is in the UK, the sponsor can re-rate to an ‘A-rating’ and make a request for up to four additional CoS.

 

Exceptions

 

As a business though you must provide the evidence showing which exemption is applicable, of the following:

 

• The business is listed on the London Stock Exchange- either the Main Market or the AIM market
• The business is listed on an international Stock Exchange, that the FCA recognizes as the equivalent level of regulation to the UK markets
• The business is supported by the Department of International Trade, the Dept for Business, Energy and Industrial Strategy, or another UK government department and they confirm the viability of expansion.

 

Japanese businesses

A Japanese business which is looking to expand into the UK as a subsidiary or a UK branch under the UK-Japan Comprehensive Economic Partnership Agreement wouldn’t have to show the documents relating to trading for a historical 3 years. But they must be able to show that they are genuinely trading overseas, and capable of entering into the UK market with a UK based business. If the business has been trading less than 3 years, then the only negative point o note would be that you can only sponsor one worker at a time. Unlike an overseas business that has been trading for over three years can sponsor up to five candidates to enter and work on building the business in the UK.

 

Austrialian businesses

Australian nationals and permanent residents coming to the UK to open a branch or subsidiary of their Australian employer will not need to demonstrate that they have worked for their overseas employer for 12 months prior to coming to the UK.

 

How many workers can be sponsored?

 

Businesses can sponsor up to five people under the Expansion Worker visa, but these must each meet the requirements and be genuinely needed to establish the UK presence.

 

If the application is successful

 

If the application for a sponsor licence is approved, the sponsor licence will be valid for four years. This is the same as all other types of sponsor licence.

Businesses can opt to make their UK Expansion Worker licence dormant, or they can leave it to expire.

At the conclusion of the four year validity period, the business will not be allowed to renew the licence for this route, but instead, an application should be made by the UK entity for the relevant type of sponsor licence such as the Skilled Worker licence.

Any sponsored workers that match the qualifications can apply to switch to these routes.

The overseas entity has 2 years to establish the business within the UK, after which time it is possible to add other routes to your (Expansion worker) licence.

 

UK Expansion Worker Visa Applicant Requirements

 

UK Expansion Worker visa applicants have to:

 

• Be at least 18 years old.
• Be currently employed by an organisation that shares common ownership or control with their UK sponsor, or by a joint venture on which you are sponsored to work.
• Have worked for the overseas linked organisation for at least 12 months outside the UK, unless they are a high earner earning £73,900 per year, or are a Japanese national seeking to establish a UK branch or subsidiary of the linked business or organisation under the UK-Japan Comprehensive Economic Partnership Agreement, or are an Australian national or permanent resident with an Australian employer.
• Have a valid Certificate of Sponsorship from their sponsor for the work they intend to perform.
• Have a genuine role that will expand the overseas entity into the UK.
• Have a role requiring at least RQF Level 6 (graduate equivalent) skills.
• Be paid £45,800 or more, and meet the ‘going rate’ for the position.
• Have sufficient income to support themselves without relying on government assistance.
• Have a valid tuberculosis certificate, if necessary.

 

Note that UK Expansion Worker Visa applicants do not need to satisfy an English language requirement.

 

Salary requirements

Employers who want to deploy personnel through the UK Expansion Worker route must pay them a wage that meets or exceeds both the minimum salary threshold and the “going rate” for the occupation, as stated in the relevant Home Office occupation code.

Expansion worker visa applicants must be paid the minimum salary threshold of at least £45,800 per year, or 100% of the pro-rata going rate for the occupation, whichever is higher.

Salary is calculated using guaranteed basic gross pay (up to 48 hours per week) plus allowances that are guaranteed to be paid for the duration of work in the UK. Allowances could include payment to cover relocation costs.

Applicants with a salary of under £73,900 – based on a maximum working week of 48 hours – and you are not a Japanese national relying on the UK-Japan Comprehensive Economic Partnership Agreement, you must be currently employed by a business or organisation that is connected to your UK sponsor by common ownership.

The 12 months of work outside the UK can be accumulated over a historic period if you worked continuously for the linked business or organisation, in the UK or abroad, for at least 12 months prior to the date of application. Permissible breaks during this period are only allowable in relation to statutory maternity, paternity, parental or shared parental leave, statutory adoption leave, sick leave, or assisting with a national or international humanitarian or environmental crisis with the agreement.

If the applicant earns £73,900 per year or more, they must be currently employed by an organisation that is linked to the UK sponsor by common ownership or control, or by a joint venture through which they are sponsored to work. Alternatively, Japanese nationals may be able to rely on the UK-Japan Comprehensive Economic Partnership Agreement to be exempt from the minimum employment service requirement.

 

Genuine job

Applicants must evidence that the role they are being sponsored for constitutes legitimate employment. If the Home Office establishes reasonable grounds that the role is either not genuine, or has been fabricated for the purposes of securing a visa, or does not exist, the application will be refused.

In addition to providing details about the sponsored role, the visa applicant also has to declare if they have agreed to carry out any additional work outside of the sponsored role, such temporary or permanent positions with a third party that is not the sponsor, or contract work to perform ongoing services to a third party that is not their visa sponsor.

 

Skill level

The work in question must require a minimum skill level to qualify for a UK Expansion Worker Visa. This level is at least RQF Level 6 skilled (graduate equivalent).
While this level does need not necessarily require a degree, the position must be equivalent to a graduate level position.

The Home Office has published a list of eligible roles, including details such as the occupation code, job category, and related job titles to help with sponsorship research and visa applications. Roles featured on this list would generally meet the required skill level.

Employers must ensure they select the correct occupation or they risk the visa application being denied.

 

Financial requirement

Applicants must have cash funds of at least £1,270 accessible, subject to certain exceptions.

The money must have been held by the applicant for at least 28 consecutive days, and this period cannot have ended more than 31 days before the application was submitted.

Applicants that are applying to remain in the UK and have been in the country lawfully for 12 months or more at the date of application are exempt from the financial requirement.

 

Need Assistance?

 

DavidsonMorris’ business immigration specialists can support with your organisation’s plans to expand into the UK. We provide guidance on the Home Office requirements to deploy personnel under the Expansion Worker visa, and other GBM routes, including advice on the sponsorship obligations for employers and the visa application process for your employees. Contact us for advice.

 

UK Expansion Worker Visa FAQs

 

What is the UK Expansion Worker Visa?

The UK Expansion Worker visa is for overseas companies to set up trading presence in the UK by deploying senior personnel to undertake the expansion work in the UK.

 

Who is eligible for the UK Expansion Worker Visa?

Eligibility for this visa depends on both the company and the individual applicant. The company must be a well-established business outside the UK, intending to set up a branch or subsidiary in the UK. The individual must hold a senior role or specialised position within the company, meet the required salary threshold, and have a proficient level of English.

 

What are the UK Expansion Worker visa requirements?

To be eligible for the UK Expansion Worker visa, you have to show there is a genuine need for the job, that you have the appropriate skills, qualifications, and experience to do the job, that you meet the minimum salary requirement, and that you are sponsored by a qualifying employer with an appropriate UK sponsorship licence.

 

Can I apply for the UK Expansion Worker Visa from within the UK?

The UK Expansion Worker Visa must be applied for from outside the UK. It is not possible to switch to this visa from within the UK.

 

How long does the UK Expansion Worker Visa last?

The initial duration of the UK Expansion Worker Visa is usually up to 12 months, with the possibility of extending it to a maximum of two years. However, this visa does not lead directly to settlement.

 

Do I need a Sponsor Licence to apply for this visa?

The company must hold a valid UK Sponsor Licence in order to sponsor the worker for this visa. The company must comply with all the responsibilities of being a licensed sponsor.

 

What documents are required for the application?

Typical documents include proof of the company’s overseas operations, a detailed business plan for the UK expansion, financial records, and evidence of the applicant’s job role and qualifications. You may also need to provide a valid certificate of sponsorship.

 

What are the reporting duties for companies with a Sponsor Licence?

Companies must report certain events to the Home Office, such as changes in the sponsored worker’s employment status, within a specified timeframe. Failure to do so can result in penalties or loss of the Sponsor Licence.

 

Can the UK Expansion Worker Visa lead to permanent residency?

The UK Expansion Worker Visa itself does not provide a direct route to UK permanent residency. However, after completing a certain period, you may be eligible to switch to another visa category that could lead to settlement.

 

What happens if my application is rejected?

If your application is rejected, you will receive a letter explaining the reasons. Depending on the circumstances, you may have the option to reapply, appeal the decision, or request an administrative review.

 

Are there any restrictions on the type of work I can do on this visa?

The visa is specific to the job role and company that sponsored you. You are not permitted to take up additional employment outside of your sponsoring company or engage in business activities that do not align with your visa conditions.

 

Glossary

 

 

Term	Definition
UK Expansion Worker Visa	A visa category allowing employees of overseas businesses to enter the UK to establish a branch or subsidiary of their company.
Sponsor Licence	A licence required by UK-based companies to sponsor foreign workers for specific visa categories, including the UK Expansion Worker Visa.
Certificate of Sponsorship (CoS)	An electronic document issued by a licensed sponsor in the UK, required for a visa application, confirming that the worker has a job offer.
Eligibility Criteria	The set of conditions that both the company and the individual must meet to qualify for the UK Expansion Worker Visa.
English Language Requirement	A mandatory requirement for many UK visas, proving that the applicant has a sufficient level of English proficiency.
Business Plan	A detailed document outlining the company’s strategy for establishing and operating a branch or subsidiary in the UK, often required as part of the visa application.
Home Office	The UK government department responsible for immigration, security, and law and order, including the processing of visa applications.
Permanent Residency	The right to live and work in the UK indefinitely, also known as Indefinite Leave to Remain (ILR).
Switching Visas	The process of changing from one UK visa category to another while still in the UK.
Compliance	Adherence to the rules and regulations set by the UK government, particularly those related to visa sponsorship and immigration law.
Administrative Review	A process where a visa applicant can request a review of a decision made by the Home Office, typically in cases of visa refusal.
Job Role	The specific duties and responsibilities assigned to an individual within a company, which must align with the visa application details.
Reporting Duties	The obligations of a sponsoring company to inform the Home Office of certain events, such as changes in the employment status of a sponsored worker.
Salary Threshold	The minimum salary that must be offered to an individual for their role, in order to qualify for certain UK visas.
Visa Extension	The process of applying to prolong the duration of an existing visa before it expires.