Expansion Worker Visa UK

The UK Expansion Worker Visa is part of the Global Business Mobility Visa, which is designed to enable overseas business people and high-level staff like senior managers or specialist workers to come to the UK and set up or run a new business or to take on senior management roles in UK companies that are expanding internationally. Due to the current update on immigration rules for 2023, the UK Expansion Worker Visa has replaced the ‘Sole Representative of an Overseas Business Visa’.

What is an expansion worker visa?

An expansion worker visa is a type of UK visa that allows you to work in the UK for an overseas business. The overseas businesses must meet a set of criteria before they can apply for an expansion worker visa on behalf of their employees. As one of the five new sponsored routes under the Global Mobility Business Visa system, expansion workers can live and work in the UK if granted a certificate of sponsorship from both their employer and sponsor. Your employer must conduct business outside the European Economic Area (EEA), have established or expanded operations in the UK, or have discovered growth opportunities to qualify.

An expansion worker in the UK may be joined or accompanied, depending on the requirements for dependents, by their partner and dependent children. This means if the dependents of an expansion worker visa holder meet all the eligibility criteria needed, they will be granted a dependent visa and can travel in and out of the UK freely.

UK Expansion Worker Visa requirements

To qualify for the UK Expansion Worker Visa, you need a job offer from a UK company. Additionally, you must show that no other qualified British or EEA citizen can fill your position to prove that you play a crucial part in the company. To do this, you will need to show that; 

1. you meet the minimum salary requirements
2. have sufficient funds to support themselves in the UK
3. you meet the financial requirement (present proof of funds)
4. present a valid tuberculosis test certificate 
5. you have a Certificate of Sponsorship from your overseas employer(must be valid)
6. you must have worked for a minimum of 1 year for an employer outside of the UK
7. Your job role is on the list of eligible occupations

Sponsor Requirements for UK Expansion Workers

Employers who wish to sponsor workers on the UK Expansion Worker Visa have several responsibilities to uphold to comply with the immigration rules and regulations of the UK. These include:

1. Obtaining a sponsor licence: Employers must apply for and be granted a sponsor licence by the UK government to sponsor workers on the UK Expansion Worker Visa. The sponsor licence application process involves demonstrating that the employer has a valid certificate of registration from Companies House and a trading presence in the UK.
2. Establishing a UK business presence: Employers must have a UK trading presence and demonstrate that they are an established overseas business before they can sponsor workers on the UK Expansion Worker Visa. This can be achieved by registering a UK branch or subsidiary of the business with Companies House.
3. Meeting salary requirements: Employers must pay their sponsored workers a minimum eligible salary that meets the general salary threshold and occupation code requirements in the immigration rules. This salary must also be sufficient to support any dependant children who may accompany the worker to the UK.
4. Complying with immigration rules: Employers must comply with all immigration rules and regulations, including the visa application process, and have reasonable grounds to believe that the worker can undertake business-related activities.
5. Keeping records: Employers must maintain accurate records of their sponsored workers, including their start date, annual salary, and occupation code, and must update this information regularly in the sponsor management system.
6. Reporting changes: Employers must notify the Home Office of any changes to the sponsorship, for example, if the worker’s role or salary changes or if the business no longer employs the worker.
7. Paying the Immigration Skills Charge: Employers must pay the Immigration Skills Charge to the UK government to sponsor workers on the UK Expansion Worker Visa.
8. Appointing Authorizing officer: Employers must appoint an Authorising Officer responsible for managing their sponsorship obligations and ensuring they have the necessary knowledge and authority to sponsor workers on the UK Expansion Worker Visa.
9. Complying with the law: Employers must comply with all relevant laws and regulations in the UK, including employment and immigration laws, and must not discriminate against sponsored workers based on their nationality or immigration status.
10. Be registered with Companies House: Employers should already be registered with Companies House, be in good standing and have credible business plans that show they have begun trading and are financially stable before they can apply for a sponsorship licence.

It is important to note that the specific responsibilities may vary depending on the type of business and the immigration route the worker is applying for. Employers are encouraged to seek advice from immigration lawyers and specialists to ensure compliance with the UK immigration system.

UK Expansion Worker Visa Required Documents

UK expansion worker visas are an excellent option for those who want to work in the UK in a senior specialist role tasked with setting up a business branch in the UK that a foreign employer sponsors. To apply for this visa route, the following documents will be needed: 

1. A valid passport from your home country that has been issued within the last ten years.
2. Your birth certificate or other document proving your age.
3. Financial proof (bank statement) of at least £1,270 to support yourself 
4. Proof that you will be paid an adequate salary. 
5. Evidence of your English language skills, if applicable (i.e., TOEFL, IELTS)
6. Certificate of Sponsorship from your employer
7. Tuberculosis test results, if applicable 
8. Evidence of marriage or civil partnership certificate and birth certificate as proof of relationship with your dependants

Validity of UK Expansion Worker Visa

The application will be accepted within one year from the start date of the work specified in your certificate of sponsorship or within the specified period specified in your certificate of sponsorship. You can request a 12-month extension for residency if you want to stay longer here. However, note that the UK extension worker Visa only allows for a maximum of a 2-year stay.

UK Expansion Worker Visa Application Process

The applicant must demonstrate that he or she possesses the education, experience, and skills required for the position to be granted an Expansion Worker Visa. If these requirements are not met, the application may fail. 

To apply for this visa route, you will need to;

1. provide a certificate of Sponsorship from your employer
2. Complete and submit your visa application form4
3. pay application fees 
4. Show-Attend proof of identity book a biometric appointment at any nearest visa application centre
5. Upload all required documents needed for your application
6. Attend a biometrics appointment at your local visa application centre. This is to allow your fingerprints to be taken electronically. 

Benefits of UK Expansion Worker Visa

The UK Expansion Worker Visa is a valuable option for businesses seeking to expand their operations in the United Kingdom. This route, also known as the Global Business Mobility route, allows for established overseas businesses to sponsor specialist employees and senior managers to come to the UK and undertake work related to the business.

One of the key benefits of the UK Expansion Worker Visa is its flexibility. Companies can sponsor a range of specialist workers and senior managers as long as they meet the minimum eligible salary required and the immigration rules. Additionally, the route does not require a UK trading presence or a UK branch, making it accessible for companies just starting to establish a presence in the UK.

The visa application process is also relatively straightforward, with clear guidelines and occupation codes provided by the Home Office. Companies must also have a valid certificate of sponsorship and a sponsor licence and be able to demonstrate that they have reasonable grounds for wanting to sponsor the worker. Once granted, the visa allows dependent children to come to the UK, and the visa holder can undertake any work as per the sponsorship certificate, provided their salary is above the general salary threshold.

The UK Expansion Worker Visa also comes with several additional benefits for businesses. For example, companies can apply for a sponsor licence to bring specialist employees for a temporary work assignment. The sponsor management system allows existing sponsored workers to apply for extensions or switch to other routes. Additionally, the immigration skills charge and visa umbrella do not apply to the UK Expansion Worker Visa.

Can UK Skilled Worker visa be extended

The UK Skilled Worker visa allows individuals with specific skills and qualifications to come to the UK to work for an established overseas business or a UK branch of an overseas company. This visa is often used as part of the UK Expansion Worker Route. This global business mobility route allows businesses to bring in specialist employees and senior managers to support the expansion of their UK operations.

To be eligible for a Skilled Worker visa, individuals must meet specific requirements, including a minimum eligible salary. The specific salary requirements vary depending on the occupation code of the individual, and the UK Expansion Worker sponsor (the company sponsoring the individual’s visa application) must be able to provide a valid certificate demonstrating that they meet the salary requirements.

In addition to meeting the salary requirements, the sponsor must also have a UK trading presence, be registered with Companies House, and be able to demonstrate that they can undertake work-related activities in the UK. The sponsor must also be able to show that they have a credible business plan for their UK operations and that they have already begun trading or have a reasonable plan to begin trading soon.

The UK Skilled Worker visa has a sponsorship certificate from Home Office’s register; this certificate has an expiration date; the visa holder can work in the UK on a temporary work assignment. It’s possible to extend the visa by applying again before the expiration date; the sponsor needs to have the sponsorship certificate valid and update the sponsorship management system with the existing sponsored worker. However, the visa holder must continue to meet the eligibility requirements, and the sponsor must continue to be able to demonstrate that they have a credible business plan and can support the worker’s salary.

It’s important to note that immigration rules and regulations are subject to change, so it’s always a good idea to consult with immigration lawyers to ensure that you have the most up-to-date information and that your visa application complies with the current immigration system.

Can I Change Employers On a UK Expansion Worker Visa?

You can change employment on the UK Expansion Worker Visa, but to do so, you must

fill out and submit a change of employment application form to the Home Office. It is important to note that if your employer has not applied for sponsorship, it will be difficult for them to support your application in any way. You do not need to change your visa if you wish to change employers. To change employers, you will need to;

1. complete an online application form
2. show proof of identity
3. pay the required fees, 
4. provide details of your new employer and CoS

Once this has been done, you should receive a letter from the Home Office confirming receipt of your change-of-employment application and inviting you to visit the office with all relevant documents (original passport or valid travel document) and completed forms.

What Are the Rights of Workers on the UK Expansion Worker Visa?

The rights of workers on the UK Tier 5 (Youth Mobility Scheme) visa, also known as the UK Expansion Worker Visa, depending on the visa’s specific terms and the laws and regulations that apply to the worker’s situation.

Generally, workers on Tier 5 (Youth Mobility Scheme) visas have the right to:

• Work in the UK for up to 2 years
• Change employer while in the UK
• Bring family members with them, but they will not be allowed to work.
• Access the UK’s National Health Service (NHS) for free
• study in the UK, but not to receive government funding for their course

However, these workers do not have the right to claim benefits, housing or council tax benefits, and other types of public assistance. They are also not permitted to apply for an extension of their visa or switch to a different type of visa while in the UK.

It’s important to note that this visa category is for citizens of specific countries that are part of the Commonwealth of Nations (Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Republic of Korea, and Taiwan) and British overseas citizens, British Overseas Territories citizens, British Nationals (Overseas), and British subjects. And also have to meet specific requirements such as age, having enough money to support themselves, and not having any dependent children.

It is recommended that workers on Tier 5 (Youth Mobility Scheme) visa consult with a legal professional, an immigration lawyer or an advice agency specialising in UK immigration law to learn more about their rights and responsibilities while in the UK.

Maximum time in global business mobility routes

If you’ve spent time in the UK on the Global Business Mobility Routes and the former Intracompany Routes, then you could be prevented from staying in the UK on an EU Business Mobility – UK Expansion Worker visa. You can only reside in Britain for five years in 6 years after having previously been on a Global Business Mobility and Intracompany route.

Conclusion

Global mobility is increasingly vital for growth-focused enterprises before hiring internationally; you should account for aspects of global mobility like immigration policies and permissible structures and administrative problems, as well. In this way, global deployment is hassle-free for all your employees.

Remember that the global marketplace changes all the time, so it’s important to consult your global mobility team regularly, making sure your international mobility strategy is always up to date.

A global mobility strategy will allow you to deploy efficiently, consistently, and compliantly, which is an excellent start for growing revenue overseas. We’re here to help your business develop its global mobility strategy and implement it as soon as possible.

Frequently asked questions

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How can we help

CGM App is an end-to-end immigration app designed to make the immigration and global mobility process more seamless and compliant, specifically for expats, sponsoring companies, and immigration consultants globally.

Visit cgmpartners.org.uk/register for more information.