UK Expansion Worker Visa 2024: Unlock Your Business Growth in UK

1. Understanding the UK Expansion Worker Visa

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The UK Expansion Worker visa is a specialized visa category under the Global Business Mobility route designed to attract overseas businesses to establish and expand their presence in the UK. It serves as a pathway for senior managers or specialists to relocate to the UK and play a crucial role in setting up a new branch or subsidiary of their overseas company.

Who Qualifies as an Expansion Worker?

An expansion worker is defined as a senior manager or specialist who is being assigned to the UK to undertake work related to their business’s expansion. This could involve setting up a new branch, establishing a wholly-owned subsidiary, or expanding an existing UK presence. The role must be at a graduate level or above (RQF Level 6) and meet the requirements outlined in the Immigration Rules.

Eligible Businesses and Permitted Activities

To be eligible for sponsorship, the overseas business must have a trading presence outside the UK and a genuine intention to establish or expand its business operations in the UK. The business must also meet specific requirements depending on the nature of the expansion, such as having a viable business plan and demonstrating the economic benefit of the expansion to the UK.

Under the Expansion Worker visa, individuals are permitted to:

• Establish and manage a new branch or subsidiary of their overseas business.
• Oversee the expansion of an existing UK branch or subsidiary.
• Conduct market research and develop business strategies for the UK market.
• Recruit and train staff for the new UK operation.

Key Benefits for Businesses and Expansion Workers

The UK Expansion Worker visa offers several advantages:

For Businesses:

• Access to Global Talent: Attract skilled professionals from overseas to drive their UK expansion.
• Economic Growth: Contribute to the UK economy through job creation and investment.
• Market Expansion: Gain a foothold in the UK market and access new customers and opportunities.

For Expansion Workers:

• Career Development: Take on a challenging and rewarding role in establishing a new business venture.
• International Experience: Gain valuable experience working in a new market and culture.
• Potential for Settlement: While the visa itself is temporary, it can potentially lead to settlement in the UK through other routes.

2. Eligibility Requirements for the UK Expansion Worker Visa

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To qualify for the UK Expansion Worker visa, both the overseas business and the applicant must meet specific eligibility criteria:

Business Requirements

• Overseas Trading Presence: The business must be actively trading outside of the UK.
• Expansion to the UK: The business must have a genuine intention to establish and operate a UK branch or wholly-owned subsidiary.
• Job Creation: The business must demonstrate that the expansion will create new jobs in the UK.
• Economic Benefit: The business must show that the expansion will bring economic benefits to the UK, such as increased investment or export opportunities.

Applicant Requirements

• Senior Manager or Specialist: The applicant must be employed as a senior manager or specialist by the overseas business.
• Job Role: The role in the UK must be at a graduate level or above (RQF Level 6) and be directly related to the establishment or expansion of the UK branch or subsidiary.
• Skills and Experience: The applicant must have the necessary skills, experience, and qualifications to perform the role in the UK.
• Overseas Work Experience: The applicant must have worked for the overseas business (or a linked business) outside the UK for at least 12 months in the 12 months immediately before the application date, unless they are establishing a UK presence under a specified trade agreement.

Sponsorship Requirements

• Licensed Sponsor: The UK entity (branch or subsidiary) must have a valid Global Business Mobility sponsor licence.
• Genuine Vacancy: The job offered to the applicant must be a genuine vacancy that was not created solely for immigration purposes.
• Certificate of Sponsorship (CoS): The sponsor must issue a valid CoS to the applicant, detailing the role, salary, and other relevant information.

Additional Requirements

• English Language: There is no specific English language requirement for the UK Expansion Worker visa.
• Financial Maintenance: The applicant must demonstrate that they have enough money to support themselves in the UK. This can be done by showing they have had at least £1,270 in savings for 28 consecutive days before applying, unless the sponsor is providing financial support.
• Tuberculosis Test: If the applicant is from a country listed in Appendix T of the immigration rules, they may need to provide a tuberculosis test certificate if they have lived in a listed country for more than six months.

By meeting these eligibility criteria, both the overseas business and the applicant can ensure a smooth and successful application process for the UK Expansion Worker visa.

3. Sponsorship Process and Responsibilities for UK Expansion Worker Visa

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The UK sponsor plays a crucial role in facilitating the UK Expansion Worker visa process. They are responsible for supporting the applicant’s visa application and ensuring compliance with all immigration regulations.

Becoming a Licensed Sponsor

To sponsor an Expansion Worker, a UK company must first obtain a Global Business Mobility sponsor licence from the Home Office. The process involves:

1. Applying for a Licence: The company must submit an online application demonstrating that they are a genuine business with the resources and systems to fulfill their sponsorship duties. This includes providing evidence of their business operations, financial viability, and compliance with UK employment laws.
2. Paying Fees: The company must pay the appropriate fees for the sponsor licence application. The fee depends on the size of the company (small or charitable sponsors pay £536, while medium or large sponsors pay £1,476).
3. Awaiting Approval: The Home Office will assess the application and make a decision. If approved, the company will be granted a sponsor licence and can start sponsoring Expansion Workers.

Sponsor Responsibilities

Once licensed, the sponsor has several ongoing responsibilities:

• Issuing a Certificate of Sponsorship (CoS): The sponsor must assign a CoS to the expansion worker through the Sponsorship Management System (SMS). The CoS is a virtual document that confirms the details of the job offer, including the job title, salary, and duration of the assignment.
• Ensuring Compliance: The sponsor must ensure that the expansion worker meets all the eligibility requirements for the visa and complies with the conditions of their stay in the UK. This includes monitoring the worker’s employment and reporting any significant changes to the Home Office.
• Record Keeping: The sponsor must maintain accurate records of the expansion worker’s employment, including their contact details, work location, salary, and any changes to their employment.
• Reporting Changes: The sponsor must promptly inform the Home Office of any significant changes to the expansion worker’s employment or circumstances, such as changes in job title, salary, or working hours.

By understanding and fulfilling these sponsorship responsibilities, UK companies can successfully bring in skilled professionals from overseas to support their expansion plans and contribute to the UK economy.

4. Applying for the UK Expansion Worker Visa

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The application process for the UK Expansion Worker visa involves several key steps and requires specific documentation. Here’s a breakdown of the process:

UK Expansion Worker Visa Application Process

1. Certificate of Sponsorship: The first step is for the UK entity (the branch or subsidiary being established or expanded) to assign a Certificate of Sponsorship (CoS) to the applicant through the Sponsorship Management System (SMS). The CoS is a virtual document that contains a unique reference number and details of the job offer, including the job title, salary, and duration of the assignment. The CoS must be assigned no more than 3 months before the date of application.
2. Online Application: Upon receiving the CoS, applicants can move forward with their visa application online. To do so, they need to set up an account on the UKVI website and complete the digital application form.
3. Supporting Documents: Along with the application form, the applicant must submit several supporting documents:
   • A valid passport or travel document
   • The CoS reference number provided by the UK entity
   • Evidence of employment with the overseas business (e.g., employment contract, payslips)
   • Evidence of the business’s eligibility for the UK Expansion Worker route (e.g., business plan, financial documents)
   • Tuberculosis test results (if applicable)
   • Proof of financial maintenance (unless the sponsor is providing support)
4. Biometrics Appointment: Upon submitting your online application, you’ll need to schedule a time to visit a visa application center. During this appointment, your fingerprints and a photograph will be collected for your visa application.
5. Decision: The Home Office will process the application and make a decision. Processing times can vary, but standard applications typically take around 3 weeks.
6. Visa Issuance: Upon approval, applicants would receive their visa in the form of a vignette (sticker) in their passport if they applied from outside the UK, or a Biometric Residence Permit (BRP) if they applied from within the UK.

UK Expansion Worker Visa Application Fees:

The applicant must pay the relevant application fees and the Immigration Health Surcharge (IHS). The IHS is a fee that allows visa holders to access the National Health Service (NHS). The amount of the IHS fee depends on the length of the visa.

5. Financial Requirements for the UK Expansion Worker Visa

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To be eligible for the UK Expansion Worker visa, applicants must demonstrate they have the financial means to support themselves during their stay in the UK. This is to ensure they will not rely on public funds.

Financial Requirements for Applicants

• Maintenance Funds: Applicants must show they have held funds of at least £1,270 for 28 consecutive days ending no earlier than 31 days before the date of their application. This can be in the form of personal savings, a loan, or a combination of both. The funds must be readily available to the applicant and not tied up in assets like property or investments.
• Exemption: The maintenance funds requirement is waived if the sponsoring employer can demonstrate they will maintain and accommodate the applicant for their first month in the UK. This means the sponsor will cover the costs of accommodation and living expenses for the applicant during their first month.

Salary Requirements

• Going Rate: The applicant’s salary must meet or exceed the “going rate” for their specific occupation code. The going rate is the minimum salary level set for the particular job role, as outlined in Appendix Skilled Occupations.
• General Threshold: In addition to the going rate, the applicant’s salary must also meet or exceed the general salary threshold of £48,500 per year. This threshold applies regardless of the applicant’s occupation code.

By meeting these financial requirements, applicants can demonstrate their financial stability and ability to support themselves in the UK, which is a crucial factor in the visa application process.

6. Life in the UK as a UK Expansion Worker

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As a UK Expansion Worker, you will have the right to live and work in the UK for the duration of your visa. You will also have access to certain public services and be subject to UK tax and National Insurance obligations.

Working Conditions and Restrictions:

• Employment Restrictions: Your visa allows you to work only for the employer who sponsored you, and only in the specific job listed on your Certificate of Sponsorship. Taking on any other employment is prohibited unless explicitly allowed under the visa regulations.
• Working Hours and Conditions: You are entitled to the same employment rights as UK workers, including the National Minimum Wage, paid holidays, and rest breaks.

Permitted Activities Outside of Work:

• Study: You are allowed to study in the UK, as long as it does not interfere with your work commitments. You may need to obtain an Academic Technology Approval Scheme (ATAS) certificate for certain courses.
• Voluntary Work: You can engage in voluntary work without any restrictions.
• Travel: You can travel freely in and out of the UK during your visa validity period.

Tax and National Insurance Obligations:

• Income Tax: You will be liable to pay UK income tax on your earnings in the UK.
• National Insurance Contributions: You will likely need to pay National Insurance contributions, which fund certain state benefits like the State Pension and Maternity Allowance.

Access to Public Services:

• National Health Service (NHS): You will have access to the NHS if you have paid the Immigration Health Surcharge (IHS) as part of your visa application.
• Education: Your dependent children will have the right to attend school in the UK.

It’s important to note that you will not have access to public funds, such as benefits or social housing. You should also be aware that the conditions of your visa may change if you switch to a different visa category in the future.

7. After the UK Expansion Worker Visa: Next Steps

The UK Expansion Worker visa is initially granted for up to one year.

Visa Extension Options

You can apply to extend your visa for another year if you still meet the eligibility requirements and the total duration of your stay does not exceed two years.

Switching to Other Visa Categories

The UK Expansion Worker visa does not directly lead to settlement (indefinite leave to remain) in the UK. However, after completing your assignment, you may be eligible to switch to another visa category that could lead to settlement, such as the Skilled Worker visa. This would require meeting the specific eligibility criteria of the new visa category.

Settlement for UK Expansion Workers

The UK Expansion Worker visa route does not lead directly to settlement. However, there are specific provisions for settlement for UK Expansion Workers who have transitioned from the Representative of an Overseas Business route. These workers may be eligible to apply for settlement under the UK Expansion Worker route if they meet certain requirements.

8. FAQs: UK Expansion Worker Visa

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For further information and details please refer to Appendix Global Business Mobility Gov.UK.