The UK Expansion Worker Visa facilitates overseas companies to send key personnel to the UK for setting up operations as well as expanding businesses. The route is particularly for overseas companies which don't have any trading presence in the UK and are therefore requiring senior personnel to set up their business in the UK. The expansion worker visa rules are rigorous and include the same rules for both the overseas entity and the worker. 

However, companies that have their operations already in the UK will be hiring overseas workers under the Senior or Specialty Worker visa rules.

This article outlines the requirements that must be met by the employer for employing workers under the UK Expansion Worker visa.

Sponsor Requirements for UK Expansion Worker Visa 

Overseas businesses desiring to sponsor a UK Expansion Worker will need to apply for a sponsor license. Eligibility requirements to be a licensed sponsor include the following:

UK Footprint Requirement

For an employer to be eligible to sponsor under the UK Expansion Worker visa, the overseas employer cannot yet be trading in the UK, but must prove that they already have a 'UK footprint'. A UK footprint can be shown, for example, with business premises in the UK evidenced by either lease or purchase or evidence that the entity has been registered in the UK as a new company created as a subsidiary of an overseas-linked organization through Companies House or an overseas company branch. 

Credibility

The Home Office will also be interested in the credibility of the employer or the overseas trading business for which evidence has to be produced to prove that it has been trading for three years before the submission of the sponsor license application. These include:

• Corporate bank statements for the entire period of 3 years

• audited accounts 
  
  

Expansion Plan


The UK Expansion Worker Visa can only be utilized to enter the UK market through the expansion of an overseas business that has already been established. It is not applicable for new businesses that are being set up in a new line of work. A UK business must be wholly owned by the overseas business or must be part of the same legal entity, e.g., a branch.

There needs to be sight of the business expansion plan to the Home Office because this confirms that the personnel is needed in the UK by the applicant for such visa for expansion and that the business will be capable of expansion into the UK.

Sponsor Licence Requirements for Employers 

The visa worker must be ‘received’ by a UK business which will in turn obtain a sponsor licence from the Home Office for the UK Expansion Worker. The application of the entity must highlight that it has already established a continued presence in the United Kingdom, has qualifying links with the overseas organization from which it will receive workers, and has key personnel in place to manage the sponsor license and compliance duties.

When the Authorising Officer is a settled person in the UK, the sponsor can apply for up to five CoS (Certificates of Sponsorship) and an A-rated license to allocate to employees under this scheme.

In case the entity does not exist with a qualified established individual within the United Kingdom capable of taking the position of Authorising Officer under the UK Expansion Worker sponsor license, the entity can propose a Proposed Authorising Officer from outside the United Kingdom. This would attach to the 'provisional rating' of the UK sponsor, with only one initial Certificate of Sponsorship (CoS) assigned. This CoS would be assigned to the Proposed Authorising Officer as the entity's first sponsored worker.

Upon the arrival of the Proposed Authorising Officer into the UK, the sponsor will be able to re-rate to 'A-rating' and request an additional four CoS.

Exceptions 

As far as a business is concerned, any exemption has to be substantiated to ascertain which of the following forms applies:

• A business listed about either the Main Market or AIM on the London Stock Exchange

• An international stock exchange where the business' FCA recognizes it to be of equivalent status of regulation to the UK markets

• Supported by the Department of International Trade, the Department for Business, Energy, and Industrial Strategy, or any other government department of the UK to confirm the viability of the business expansion.
  
  

What if the Visa Application Visa is Successful? 

If the application gets approved for a sponsor license, then this will be valid for four years, almost the same as for all other types of sponsor licenses.

With this license, businesses may hold it inactive or just allow it to lapse after using it for their needs as a UK Expansion Worker.

At the end of that validity, there will be no renewal of the sponsorship license but should be the subject of an application by that UK entity for the appropriate type of sponsor license such as the Skilled Worker license.

Any sponsored workers, who match the criteria, can apply for switching their route towards these routes.

The overseas entity has around two years to establish the company in the UK and beyond that period you can add other routes to the (Expansion worker) license.

Conclusion 

As an employer, you must offer a position that is at least a graduate-level position and must pay a minimum of £45,800 or 100 percent of the pro-rata current rate for the occupation. You must have a sponsor license and offer genuine job roles to eligible candidates. Hiring an immigration lawyer in London can help you navigate compliance requirements easily and facilitate successful applications. Also, make sure to stay updated on all current compliance needs of the Home Office.