The UK expansion worker visa gives the holder the right to set up a first UK branch of an overseas business. It is available for those already working for the business overseas, either as a senior manager or as a specialist employee.
As part of the process, the overseas employer needs to obtain a sponsor licence so that they can issue a certificate of sponsorship. Their employee will need this document when applying for an expansion worker visa.
An expansion worker visa is valid for up to twelve months, and can be extended by twelve months, giving a maximum of two years. Employers need to have a plan for how they intend to deal with matters once the expansion worker visa expires. For example, if they need to keep the worker in the UK, they will need to establish whether they are eligible for a different type of visa, such as a skilled worker visa, and make arrangements to switch seamlessly when the expansion visa expires.
Who is eligible for an expansion worker visa?
The applicant worker must generally have worked for the overseas employer for at least twelve months, or be earning over £73,900, although there can be exceptions for Japanese or Australian nationals, further to trade agreements between the UK and those countries.
In addition, the UK job to be filled by the applicant must be on the government’s list of eligible occupations. The pay must be the minimum eligible salary required for the job, which is £52,500 per year or the going rate for the specific job type, whichever is higher.
The worker will need to show that they have sufficient funds in their bank account to support themselves, and any dependants will also need to show that they have money available.
The overseas business must be one that is not yet trading in the UK, otherwise a different type of visa would be required.
Obtaining a sponsor licence
The overseas business will need to obtain a sponsor licence before the worker can apply for their expansion worker visa.
The business must have a UK footprint, for example, business premises in the UK or a registered UK subsidiary company or branch/establishment registered on Companies House. Evidence of overseas trading will be required, generally for a minimum of three years, as well as a business plan for the UK expansion.
The sponsor licence must appoint an authorising officer to actively oversee the sponsor licence compliance requirements. The Authorising Officer can be the individual who intends to obtain the expansion worker visa to come to work for the business in the UK. When they arrive in the UK, they can upgrade the sponsor licence, and they will then be allowed to issue up to five certificates of sponsorship under this category. They will also be able to apply to add alternative visa categories to the licence, such as skilled worker or senior/specialist worker.
How 3CS can help
Our expert immigration solicitors can advise potential workers on applying for an expansion worker visa and assist employers in applying for a sponsor licence.
If you need guidance or representation, please get in touch today.
