The UK Expansion Worker visa is a type of Global Business Mobility visa and allows overseas workers to come to the UK to set up a branch/subsidiary of a business that is not yet trading in the UK. Up to five senior managers, business owners or specialist employees from a single organisation can apply for this immigration route.
The business will need to have a UK subsidiary or branch (or business premises) in order to apply for a sponsor licence. The licence is needed to provide a certificate of sponsorship to those needing an expansion worker visa.
Who is eligible for a UK expansion worker visa?
To be eligible for a UK expansion worker visa, an individual must:
- Already have worked for the overseas business for at least a year, unless they are earning over £73,900 or are Japanese or Australian
- Have a position as a senior manager or specialist employee
- Carry out a role that is on the government’s list of eligible occupations
- Satisfy the minimum salary requirements of £48,500 per year or the ‘going rate’ for their job
- Have enough money to support themselves and, if they are bringing a spouse and children, to support their family without needing benefits
The business must have a sponsor licence and issue a valid certificate of sponsorship to the visa applicant.
The job in question must be genuine and not have been created for the purpose of applying for a visa. It must also mainly involve work for the company issuing the sponsor licence and not for a third party.
Applying for a UK expansion worker visa
Applications for an expansion worker visa are made online. You will need a range of documents to support your application, providing evidence of your eligibility. These include:
- The reference number from your certificate of sponsorship
- A valid passport or other travel identity document
- Your job title, salary, and the job code
- Your employer’s name and sponsor licence number
- Bank statements showing that you have sufficient funds to support yourself
- Evidence that you have been working for your employer outside of the UK, where applicable
- A TB certificate if you are from an affected country
If your partner and children are eligible, they can also apply as your dependants.
You will need to pay an application fee and a healthcare surcharge for yourself and any dependants.
Your application can be made up to three months before the day you wish to start work. The start date will be stated in your certificate of sponsorship. UK Visas and Immigration (UKVI) will aim to provide you with a decision within three weeks or, if you are already in the UK, within eight weeks. In some cases, you can pay extra for a faster decision.
Previous employment requirements
For those earning less than £73,900 and who are not otherwise eligible, it will be necessary to have worked for the sponsoring company for at least a year or to have worked for a business that is related to the sponsoring company by common ownership or control for this period of time. It does not have to be 12 continuous months if breaks are for maternity, parental or sick leave, and work done as a self-employed contractor can be counted.
How long can you stay in the UK on an expansion worker visa?
A UK expansion worker visa lasts for 12 months from the shorter of:
- The start date of your job, as detailed on the certificate of sponsorship; or
- The time stated on the certificate of sponsorship plus 14 days
You may be able to extend your visa for a further 12 months, giving you a maximum of two years. If you have already spent some time in the UK on another global mobility visa or intra-company graduate or transfer visa, you cannot stay longer than five years in any six-year period.
What rights do you have on a UK expansion worker visa?
If your application for an expansion worker visa is successful, you will have the right to live in the UK and work in the job detailed on your certificate of sponsorship. You can bring an eligible partner and children, do voluntary work, and leave and return to the UK.
You will not be able to take up a second job, apply for State benefits or apply to settle permanently in the UK.
If your job changes to one with a different occupation code, you will need to update UKVI. Provided that your job is still with the same employer, you may still be able to stay. Any dependants will also have to update their visas.
You cannot change jobs until you have a decision from UKVI. You can apply for this up to three months before your new job starts.
How 3CS can help
Our expert immigration solicitors can provide you with the assistance you need to apply for an expansion worker visa or sponsor licence.
For advice or guidance in respect of global business mobility, please get in touch.
