UK Expansion Worker Visa

If you are a specialist employee or a senior manager seeking entry to work in the UK to undertake a role that relates to the expansion of your overseas business, you may be eligible for an Expansion Worker visa while you are in the UK.

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Expansion Worker Visa UK

Growing and building their business is a major concern for many workers, and expansion into the UK is a key goal for a number of organisations. If this describes your situation and aspirations, you may be interested in applying for a UK Expansion Worker visa, which would allow you to stay for a period of 12 months, or the time listed on the Certificate of Sponsorship plus 14 days – whichever of these is shorter.

Understanding exactly what you need when you are looking to apply for this type of visa can be tricky, particularly with the new rules and regulations that have come into force. An application that is incomplete, or that is filled in using incorrect information, could see your application delayed, or refused altogether by the Home Office.

Our team of UK Expansion Worker solicitors has a wealth of experience in helping people navigate the complex world of visa applications, and we have the skills and resources to help ensure your visa application is as fast and painless as possible. Get in touch with our team today to request your free consultation, and let us walk you through the process quickly and effectively.

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How can we help you to obtain a UK Expansion Worker visa?

When you are looking to expand your business into the UK from overseas, an application for a UK Expansion visa could be a necessary investment. Obtaining a visa can be a long and complicated process, however, and it can be easy to feel overwhelmed and confused. One mistake on your application could cause serious headaches and delays, so you need to ensure you have the guidance you need to succeed.

Our team of experienced UK Expansion Worker route lawyers will be able to help you navigate the eligibility criteria for this visa. We can be on hand to help you gather the evidence, answer your questions, navigate the paperwork, and ensure your visa application runs as smoothly as possible.

What is a UK Expansion Worker visa?

As the name suggests, a UK Expansion Worker visa allows workers to head to the UK, with the purpose of setting up a branch of an overseas business that does not already have a presence in the UK.

In order to be eligible for the UK Expansion Worker route, you will need to already be employed by the business in question, and your position here must be as a specialist employee, or as a senior manager.

What are the requirements for the UK Expansion Worker visa?

In order to apply for a UK Expansion Worker visa, there are a number of requirements that you will need to meet, and these include:

  • Salary requirements

As with some other visas, there are minimum salary requirements that must be met in order for your visa application to be accepted. For a UK Expansion Worker visa, you will need to be expecting a salary of at least £73,000 per year, or the current “going rate” that is expected for your job – whichever of these is higher. You will be able to find the current “going rate” for each eligible job posted by the Home Office.

  • A valid Certificate of Sponsorship from your employer

A Certificate of Sponsorship is one of the most important elements to include when submitting your visa application, and it is important to ensure all the necessary details are included as part of this.

There are some key considerations that you should bear in mind when completing this Certificate, and these include:

  • Key details, such as your name, your job, and the salary that you are expecting – remember that there are minimum salary requirements of £73,000 per year for a UK Expansion visa
  • Confirmation that you have been employed by the employer who is sponsoring you for a minimum of 12 months, and that this has occurred outside the UK
  • The expected start date of your new position in the UK
  • Confirmation that you have not used this Certificate in any application before, or any application which has been refused, cancelled or withdrawn by either your sponsor, or the Home Office
  • The details of your sponsor’s licence

In order to be eligible to sponsor a worker for a UK Expansion Worker visa, the sponsor must have a valid licence for this route, and this will need to be included in your Certificate of Sponsorship.

In addition to confirming that your sponsor has a licence, you are able to check the status via the Sponsor Licensing Unit (SLU) or the Certificate of Sponsorship Checking System. This offers better peace of mind, as you can check all the information that you need to know about the status of your sponsor’s licence, including whether it is valid and active, and that they have the right type of licence.

There may be situations where a sponsor loses their licence. This can occur during the visa application process – in which case, they must legally inform the visa applicant as quickly as possible.

Revocation or loss of the licence will be excused in the event that the issue is directly linked to this particular significant application. Excuses may also be granted if the reasons for the loss of licence are directly relevant to the reason for refusal of the visa application – for example, if the vacancy that is being applied for is not a genuine position.

In most cases, your sponsor must hold an “A” rating, unless certain exceptions apply. These exceptions include:

  • The applicant is applying for an extension to an existing visa, with the aim of continuing to work in the UK for a sponsor they were already working for
  • The applicant in question is the Authorising Officer of the sponsor, and sponsored as a UK Expansion Worker, using a sponsor with a provisional rating
  • You must have worked for your employer outside the UK

In order to be granted a UK Expansion Worker visa, you will need to fulfil the residency requirements. You will need to be able to prove that you have worked for your employer for a minimum of 12 months, and that this employment occurred outside the UK.

  • You must do a job on the list of eligible occupations

In order to be awarded a UK Expansion Worker visa, you need to ensure your proposed job is at or above the minimum skill level, and fits the list of eligible jobs, as determined by the Home Office. There is a list that is published by the Home Office, and your job should be on this list. This will be selected by your employer from a list of occupation codes.

Other criteria for eligibility include:

  • Whether there is a genuine need for the job as described
  • Whether you have the appropriate skills for the job described
  • Whether you have the appropriate experience and qualifications for the job described
  • Whether your sponsor has shown a history of compliance with the immigration system in the past

If the Home Office has any reason to suspect that your sponsor has failed to select an appropriate occupation code, then your visa application is likely to be refused.

What documents are required for the UK Expansion Worker visa?

There are a number of documents and associated information that you will need to prepare in order to apply for an Expansion Worker visa, and these include:

  • Your Certificate of Sponsorship reference number – this can be obtained from your employer
  • A valid passport, or other identity document clearly stating your nationality and identity
  • Your new annual job title and salary
  • Your job’s occupation code, selected from the list published by the Home Office
  • The name of your employer
  • The sponsor licence number of your employer – this will be on your Certificate of Sponsorship
  • Proof that you have sufficient personal savings to support yourself for the duration of your stay in the UK – this may be bank statements, or evidence on your Certificate of Sponsorship that your employer will be supporting you
  • Proof of any relationships with your children or partner, if they are applying alongside you
  • Tuberculosis test results, if you are travelling from a listed country where this is a requirement
  • A copy of your Certificate of Sponsorship – this will be available from your employer.

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Do I need a UK based Sponsor?

When you are applying for an Expansion Worker visa for the UK, you will need a sponsor that is based in the UK, and this sponsor needs to be a wholly owned subsidiary, or a branch of an overseas business that is already established.

It is important, however, that there is no UK-based subsidiary or branch already trading and operating in the UK – if this is the case, then the eligibility criteria for this visa will not be met. An alternative visa will need to be considered, such as the Senior or Specialist Worker visa.

Is there a list of jobs that are eligible for the UK Expansion Worker visa?

As we have mentioned, there is a Home Office approved list of jobs and occupations that are eligible for the UK Expansion Worker visa. One of the key requirements that must be satisfied is that your sponsorship is to undertake a “genuine job” – if there is any suspicion that the job you are receiving sponsorship for has been falsified or does not exist, then your visa access will be denied.

The business must also be offering employment that meets the minimum or above skill criteria, and which offers a genuine vacancy. In addition, the job must pay a minimum of £42,400 per year, or the “going rate” for the job – whichever is the higher figure.

The company in question should also have appointed a key, significant personnel who will take charge of managing the sponsor licence, and there needs to be credible, tangible evidence that the company not only intends to open a UK branch, or wholly owned subsidiary of a business that is well established overseas, but that they also have the resources and abilities to facilitate this.

The company in question must also have a current UK presence, including registration with Companies House, a UK business premises, and a presence as a new company, or a subsidiary of an established overseas business.

For the job to be considered eligible and valid, the business must have a solid, credible, and reliable expansion plan to demonstrate the ways in which the company plans to expand and set up a trading presence in the UK within two years – this will include evidence of finance, business planning and projected profits.

As an additional point, the UK portion of the business must be part of the same legal entity as the overseas business, if not wholly owned by them.

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What are the costs of applying for a UK Expansion Worker visa?

There are some costs associated with the UK Expansion Worker visa application process – you will need to pay an application fee of £259, as well as a healthcare surcharge of around £624 per year.

You will also need to prove that you can afford to support yourself in the UK, and this is usually a minimum of £1270 in the bank – this must also have been in place for a minimum of 28 days before your start date.

In some cases, you may be exempt from this charge – if this is the case, your employer will need to provide evidence that they are able to financially support you for a minimum of one month.

Can Cranbrook Legal help obtain a sponsor licence?

As an organisation wishing to issue a worker with a Certificate of Sponsorship, you will need to obtain a sponsor licence, and this can be a tricky process. Your lawyer at Cranbrook Legal will be able to help guide you through this process, offering you the guidance and support that you need to maximise your chances of a successful application.

The process begins with an online application form, and you will need to submit a number of documents. As we have mentioned, there is also a fee to pay – this is £259 for a UK Expansion Worker visa, but will vary for other visas depending on the type of licence, the size of your company, and your charitable status.

There are a number of elements that Cranbrook Legal will be able to assist you with, and these include:

  • Choosing the visa category that you wish to apply for a licence for – in this case, a UK Expansion Worker visa
  • Choosing and appointing an Authorising Officer to manage your application, as well as nominate a Level 1 user
  • Deciding which branches will be used to employ and sponsor workers, if you have multiple branches and organisations
  • Deciding whether you would like your individual branches to hold their own licence
  • Deciding how many workers you are looking to sponsor in your first year
  • Working through the relevant documentation and evidence, and ensuring you have all of the information that you need

Once you have submitted your application for a licence, there are a few things that will need to be established, and these include:

  • Whether you meet the requirements specific to certain routes, including proving that the vacancy is genuine, and meets the necessary minimum skill level and salary requirements
  • Whether you are engaging, or have ever engaged, in any behaviour or actions deemed not to be in the public good; this is determined by a background check, as well as those around you on a daily basis
  • Whether you are capable of carrying out the duties allocated to you as a sponsor
  • Whether you are a genuine, lawful business operating legally in the UK
  • Whether you are dependable, honest, and reliable
  • Whether you are able to evidence your compliance in the relevant timeframe and manner

Once your application has been processed, it will either be refused, rejected as invalid, or granted with an A rating (or a Provisional rating for the UK Expansion visa). It is important to note that failing to pay the necessary fee, or failing to submit relevant paperwork, will see your application automatically rejected as invalid. In this case, you will not be permitted to apply for another sponsor licence for a period of six months.

In the event that your application is approved, the name of your business will be officially added to the Register of Sponsors, available on GOV.UK, and you will be eligible to sponsor workers, and issue them with a Certificate of Sponsorship.

Once granted, your licence will remain valid for four years (barring revocation or surrender), and this starts from the day the licence is granted. You will be responsible for renewing the licence if you wish to continue acting as a sponsor beyond this period.

For a more detailed discussion of your circumstances and needs as a would-be applicant for a sponsor licence or visa, and how we could serve them as your chosen UK Expansion Worker visa law firm, please do not hesitate to contact us today.

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What length of visa will I be issued if successful?

If your application for a UK Expansion Worker visa is successful, you will be entitled to remain for the length of time stipulated on your Certificate of Sponsorship plus 14 days, or 12 months after the start date of the job on your CoS– whichever is shorter. The visa can be extended by up to 12 months, and a worker can remain in the UK on this visa for a maximum period of two years.

Remember that if you have previously spent time in the UK on a work visa, then you might not be able to stay on a UK Expansion Worker visa for as long as is set out above. If you have spent time on any of the below visas, you will only be permitted to stay in the UK for a maximum of five years in any six-year period:

  • Intra-company Graduate Trainee visa
  • Intra-company Transfer visa
  • Graduate Trainee visa (Global Business Mobility)
  • Secondment Worker visa (Global Business Mobility)
  • Senior or Specialist Worker visa (Global Business Mobility)
  • Service Supplier visa (Global Business Mobility)
  • UK Expansion Worker visa (Global Business Mobility)

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What if my application is refused?

In some cases, you may find that your visa application is refused by the Home Office, and the reasons behind this will inform your next steps. Some common reasons for refusal include:

  • Administrative errors

In some cases, the applicant may not have filled in the relevant paperwork correctly. They may have failed to entered information correctly, or they might have entered erroneous information. If this is the case for you in the event of being turned down for this visa, you may be able to rectify the errors, and have your visa application reassessed.

  • You have not met the minimum salary requirements

As we mentioned, you must meet a minimum salary requirement in order for your visa application to be processed and approved – so, you should make sure you have entered the correct figures to help avoid refusal.

  • The fees have not been paid

You need to ensure that all outstanding fees have been paid in full, or your application may be refused. Paying the fee can result in your visa being reassessed and approved.

  • Other options

There are a few reasons why you might find your visa application refused, and it is important that you have qualified legal experience on your side to help you navigate the issues and ensure that your visa application is successful.

What happens after I receive the UK Expansion visa?

Once you receive your Expansion Worker visa, you will be eligible to enter the UK and undertake the assignment that is detailed on your Certificate of Sponsorship.

UK Expansion Worker visa FAQs

1. Why was the UK Expansion Worker visa introduced?

The UK Expansion Worker visa was designed to allow foreign workers to come to the UK, in order to set up a branch of a business that operates overseas, but that has not yet started to trade in the UK. To be eligible for this visa, the applicant must already be an employee of the business, and this must be as a specialist employee, or as a senior manager.

This visa is intended to replace the Sole Representative of an Overseas Business visa, and aims to make the visa application process faster and more efficient.

An Expansion Worker visa will allow you to stay in the UK for 12 months after the start date of the job, listed on your Certificate of Sponsorship, or the time that is given on your Certificate of Sponsorship, whichever is shorter.

Visa holders can extend their visa by up to 12 months, and will be permitted to stay on a UK Expansion Worker visa for two years – this will include time spent on another visa listed below.

You will be permitted to remain in the UK for a maximum of five years out of six if you have spent time on any of the following:

  • Intra-company Graduate Trainee visa
  • Intra-company Transfer visa
  • Graduate Trainee visa (Global Business Mobility)
  • Secondment Worker visa (Global Business Mobility)
  • Senior or Specialist Worker visa (Global Business Mobility)
  • Service Supplier visa (Global Business Mobility)
  • UK Expansion Worker visa (Global Business Mobility)

To obtain a UK Expansion Worker visa, an applicant will need to be sponsored by their employer, and the employer will need to be authorised by the Home Office. The sponsor will only be able to offer sponsorship to the number of workers that are genuinely needed to establish the UK presence of the business, and this will be a maximum of five workers at any one time.

Yes – if you have a dependent spouse or partner, or any dependent children under the age of 18 at the time your application is made, they will be able to accompany you into the UK.

Holders of UK Expansion Worker visas are permitted to work in the role that they have been sponsored to complete, and this must be carried out as described on the Certificate of Sponsorship. In addition, visa holders are permitted to study and carry out voluntary work.

The UK Expansion Worker visa does not lead to automatic settlement in the UK – in order to achieve permanent residency or settlement, you will need to switch to an alternative immigration route.

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