UK Expansion Worker Visa

What is the UK Expansion Worker Visa?

The UK Expansion Worker Visa is one of the new visa options under the Global Business Mobility Visa routes. This is the best worker visa for overseas businesses that wish to start trading in the UK and require employees to set up a branch.

Suppose the business is already established and operating in the UK. In that case, applicants should instead apply for a Senior or Specialist Worker visa, as the current application does not permit businesses to be set up in operation.

This visa may allow workers to stay up to 12 months from the job starting date, 14 days after the end of the job, or the time specified on the Certificate of Sponsorship (CoS), whichever is the shortest of the two.

Visa Pathway

The UK Expansion Worker Visa does not lead directly to permanent residency. The maximum time you can stay in the UK with an expansion worker visa is 2 years. After that, you may switch to the Skilled Worker Visa route, which allows you to obtain Indefinite Leave to Remain in 5 years.

Switching to the UK Expansion Worker Visa

Switching to the UK Expansion Worker Visa from another visa type is possible. However, it requires careful planning. Furthermore, your partner or child’s visa will not automatically switch to this visa if you switch yours. If they do not switch their visa, it will be valid until its original end date.

You cannot switch into the UK Expansion Worker Visa route if you have, or were last granted, permission in any of the following categories:

• Visitor visa
• Short-term Student
• Parent of a Child Student
• Seasonal Worker
• Domestic Worker in a Private Household

Applicants in these categories must leave the UK and apply for the UK Expansion Worker Visa from outside the country.

Dependents

If eligible, your partner and children can apply to join or stay with you in the UK as your dependents. Their visas will usually expire on the same date as yours or an earlier date if parents have different expiry dates.

Who Qualifies as a Dependent

• Your spouse, civil partner, or unmarried partner
• Your child under 18, including those born in the UK during your stay
• Your child over 18, if they are already in the UK as your dependent

Evidence for Your Partner:

You must prove one of the following:

• You're married or in a civil partnership recognised in the UK
• You've lived together for at least 2 years
• You've been in a committed relationship for at least 2 years but cannot live together due to specific circumstances (e.g., work, culture)

Evidence for Your Child:

They must:

• Live with you unless in full-time education
• Not be married or in a civil partnership

Provide evidence like a bank statement, credit card bills, driving licence, NHS registration, or a letter from their school/university.

Eligibility & Requirements

While specific eligibility requirements may vary depending on the job you will be carrying out, the main criteria to meet if you are wanting to go down the UK expansion worker route are the following:

• Your job must be on the list of Global Business Mobility eligible occupations.
• The minimum eligible salary is either £48,500 or the going rate for your job, whichever is the highest.
• The UK business has yet to start trading.
• You will establish a new UK branch or a wholly-owned subsidiary of an established overseas business.
• Your employer must provide you with a valid Certificate of Sponsorship, which will be issued via the Sponsor Management System (SMS).
• You must have worked for the business outside of the UK for at least 12 months (unless you are a high earner receiving over £73,900 or are a Japanese national seeking to establish a UK branch or subsidiary under the UK-Japan Comprehensive Economic Partnership Agreement or an Australian national or permanent resident seeking to establish a UK branch or subsidiary under the UK-Australia Free Trade Agreement)
• The overseas business must generally have been trading abroad for a minimum of 3 years (or 1 year for a Japanese company under the UK-Japan Comprehensive Economic Partnership Agreement or an Australian business under the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia - the latter is limited to sponsoring 1 employee if showing less than 3 years trading)

First, You must apply for a provisional Employer Sponsorship Licence for the UK branch.

UK Branch

The new UK entity and the overseas company must be in the same type of business. They must both be linked by common ownership or control to the overseas business, such as:

• it is either wholly owned by the overseas business or part of the same legal entity - for example, a branch

• it is wholly owned by a non-trading holding company where that holding company is in turn wholly owned by an immediate overseas parent company which is seeking to expand

• it is a sister company of the company seeking to expand, where both of those companies are wholly owned by the same immediate parent and either share the same directors or are linked by common ownership or control as set out in the above two bullet points

A conglomerate with multiple businesses may expand multiple individual businesses within that corporate structure, if each proposed business for Expansion operates in different sectors to each other and otherwise satisfies one of the above requirements.

Genuine Job Requirement

Businesses must demonstrate a genuine need for a senior manager or specialist employee in the UK. The position must be a legitimate, real job that matches the employee's skills and qualifications rather than a role created solely to secure a visa.

The Home Office will assess whether the job offer is genuine, ensuring it is not a sham or a fictitious role. Furthermore, the employee must be placed in a temporary or permanent position with a third party who is the sponsor and undertakes routine contract work for third parties.

Failure to meet these genuine job requirements may lead to visa refusal.

Financial Requirements

You must demonstrate that you and your dependents have sufficient funds to support yourselves upon arriving in the UK. Unless exempt, you are required to show evidence of maintenance funds totalling £1,270 or more.

These funds must have been available for at least 28 consecutive days, with the final day of this period falling within 31 days of your visa application date.

Typically, you'll need to provide proof of these funds when applying unless you hold a valid visa and have been residing in the UK for 12 months or longer.

Documentation Requirements

To prove that you meet the eligibility requirements for UK Expansion Worker Visas, you will be required to submit certain documents and information as evidence. These may include:

• Information about your job title, annual salary, and occupation code.
• Information about your employer and their sponsor licence number.
• Your Certificate of Sponsorship reference number (and details of your UK expansion worker sponsor).
• Evidence that you have worked for your current employer outside of the UK, if applicable.
• Any valid official documents to prove your identity, such as a passport.
• Documents showing that you and any dependents have enough money to support yourselves, such as bank statements.
• Proof of relationship, if you are bringing your partner and/or children with you.
• Nationals from certain countries may also be required to provide a tuberculosis test result.

Depending on your occupation, your employer may tell you that you need additional documents, such as an Academic Technology Approval Scheme (ATAS) certificate.

Fees

There are several fees you will have to pay when applying for an Expansion Worker Visa. You will need to pay the application fee of £298. You will also have to consider additional costs such as the Immigration Healthcare Surcharge (usually £1,035 per year), Priority service, or the cost of any certified translations you may need.

Processing Time

Processing times for the UK Expansion Worker Visa can vary. You may apply for this visa up to 3 months before your scheduled start date in the UK, as indicated on your certificate of sponsorship. Applications from outside the UK typically receive a decision within three weeks, while those from applicants already in the UK may take around eight weeks.

It is recommended that you apply well in advance to avoid any delays. A priority service is available for an additional fee for faster processing.

How to apply for the UK Expansion Worker Visa?

Applications for the UK Expansion Worker Visa are made online via the UK Government website and can be submitted up to 3 months before your planned start date in the UK. Follow these steps to ensure a successful application:

Step 1: Check Your Eligibility

• Before beginning your application, ensure that you meet the eligibility criteria for the UK Expansion Worker Visa, including working for your employer outside the UK for at least 12 months (unless exempt) and having the required financial funds.

Step 2: Complete the Online Application Form

• Visit the official UK Government website and complete the visa application form. You will need to provide accurate personal details such as your name, date of birth, nationality, and contact information. Additionally, you'll need to enter information about your immigration history, including details of previous visas and your dates of entry and exit from the UK.

Step 3: Prove Your Identity

• European nationals (including those from Iceland, Liechtenstein, Norway, or Switzerland) or individuals applying in the UK with a Biometric Residence Permit can verify their identity using the ‘UK Immigration: ID Check’ app.
• If you are not eligible for the app, you will need to book an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre to provide your biometric information (fingerprints and photograph).

Step 4: Gather and Submit Supporting Documents

• Collect the necessary documents to support your application. This may include your Certificate of Sponsorship (CoS), proof of meeting the financial requirements, and evidence of your work history with your employer outside the UK. Upload these documents online as part of your application process and agree to the online declaration.

Step 5: Pay the Required Fees

• After completing the form, pay the necessary fees online. This includes the visa application fee and any fees related to your Biometric Residence Permit (BRP), if applicable.

Step 6: Attend Your Biometric Appointment

• If required, attend your scheduled UKVCAS appointment to submit your biometric information. The visa application centre may need to keep your passport and documents while they process your application.

Step 7: Submit Your Application and Wait for a Decision

• Once your biometrics have been submitted and all required documents are uploaded, your application will be processed. The Home Office typically processes UK Expansion Worker Visa applications within 8 weeks, though faster options may be available with a priority service.

Post-Approval

Duration of Stay

You can stay in the UK with a UK Expansion Worker visa for either:

• 12 months from the start date of your job, or
• The time listed on your Certificate of Sponsorship, plus 14 days—whichever is shorter.

If you want to stay longer, you can extend your visa for another 12 months, but the maximum time you can stay on this visa is 2 years.

Permitted Activities

With a UK Expansion Worker visa, you are allowed to:

• Work for your sponsor in the job listed on your Certificate of Sponsorship,
• Study,
• Bring your partner and children with you as dependants if they qualify,
• Do voluntary work,
• Travel abroad and return to the UK.

Restrictions

With a UK Expansion Worker visa, you are not allowed to:

• Access most public benefits or claim the State Pension,
• Change jobs unless you update your visa and meet the rules,
• Take a second job,
• Apply to settle in the UK permanently.

Compliance Responsibilities

Both employers and employees must follow specific rules to stay compliant with the conditions of the UK Expansion Worker Visa. Below is a clear breakdown of their responsibilities to ensure compliance with the visa rules and avoid any penalties or visa issues.

Responsibilities of the Employer

• Sponsor Licence: The employer must have a valid sponsor licence to issue the Certificate of Sponsorship needed for the visa application.
• Adherence to UK Employment Laws: Employers must verify that foreign workers have the necessary qualifications and ensure that the job complies with UK labour laws, including salary and working conditions.
• Business Plan & Employee Role: Employers must provide a detailed business plan for UK expansion and evidence of the employee’s role and qualifications. This helps show the business’s genuine commitment to setting up operations in the UK.
• Record Keeping: Employers must keep records of the employee’s passport, visa, contact details, absences from work, job description, and payroll details.
• Overseas Operations: Employers must maintain an active business presence overseas while setting up operations in the UK.
• Accurate Reporting: Employers must provide truthful information during the visa application process and throughout the visa duration. Any changes to the employee’s job role, salary, or employment status must be reported to the UK Home Office.
• Non-Compliance Reporting: If an employee breaches visa conditions, such as taking unauthorised absences, the employer must report this to the Home Office.

Responsibilities of the Employee

• Work Only in Specified Role: The employee must work only in the job and for the employer listed in their Certificate of Sponsorship.
• No Additional Employment: The employee cannot take up additional jobs or change employers without updating their visa.
• Job Changes: The employee must apply to update their visa if the job changes to a different occupation code. This application can be made up to 3 months before the start date of the new job, but the employee must still work for the same employer.

Extending Your Visa

If you want to extend your visa before its expiry date, you can do so for a maximum of 12 months.

To qualify for an extension, applicants must demonstrate continued eligibility and provide evidence of active trading in the UK. The total maximum stay on a UK Expansion Worker Visa is capped at two years. This limitation ensures that the visa is used for it's intended purpose of establishing a business presence rather than long-term residency.

Additionally, holders of Global Business Mobility visas, including the UK Expansion Worker Visa, are limited to a cumulative maximum of five years in the UK within any six years. Therefore, you may not be able to stay as long in the UK if you have spent any time in the UK on one of the following visas;

• Graduate Trainee visa
• Intra-company Graduate Trainee visa
• Intra-company Transfer visa
• Secondment Worker visa
• Senior or Specialist Worker visa
• Service Supplier visa
• UK Expansion Worker visa

Common Reasons for Refusal

The UK Expansion Worker Visa application process can be complex, and several common issues may lead to refusal. Here are the key reasons why an application might be rejected:

Incorrect or Delayed Certificate of Sponsorship: One of the most frequent causes of refusal is when the Certificate of Sponsorship (CoS) is issued with inaccurate information or contains terms of employment that are not compliant with the latest Home Office rules (such as salary, working hours, period of employment etc.). Any delays or mistakes in this step can result in the application being denied or delayed.

Incorrect Occupation Code: If the Home Office finds that your sponsor has not selected the correct occupation code for the role, they may refuse your visa application. The occupation code must accurately reflect the nature of your job and your qualifications.

If your application is refused, you can either request an administrative review or reapply, addressing the reasons for the refusal. QC Immigration, with its extensive experience in this area, can guide you on the best course of action to improve your chances of success.

Get Help Applying for a UK Expansion Worker Visa

The UK Expansion Worker Visa provides a valuable opportunity for businesses to establish a presence in the UK. Employers are responsible for critical steps, such as obtaining a sponsor licence and maintaining compliance with immigration regulations. At the same time, employees must work at the appropriate skill level specified in their Certificate of Sponsorship and follow the conditions of their visa.

Understanding the eligibility criteria, required documents, and application process is essential for success. Instructing a UK immigration lawyer can save time and improve the likelihood of a successful outcome. If you're seeking expert guidance, QC Immigration offers a reliable immigration advice service to help you navigate the complexities of the visa process and ensure a smooth application experience.