A Guide to the UK Expansion Worker Visa

Posted onOctober 10, 2023

The UK expansion worker visa forms part of the global business mobility route. In this article, our immigration solicitors look at the UK expansion worker eligibility criteria and the sponsor licence application process.

UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers

For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.

Overseas-based businesses expanding into the UK

The UK expansion worker visa route is for overseas businesses who want to send an overseas-based employee to the UK to expand their overseas business into the UK.

The UK expansion worker visa replaced the sole representative visa route in April 2022.

Sponsorship Licence lawyers say that the key point with the UK expansion worker visa is that the business needs a sponsor licence before the worker can apply for their UK expansion worker visa. That may sound impossible for those of you who know a bit about sponsor licence applications and the eligibility criteria. However, the sponsor licence eligibility criteria are adapted where the application is for a licence to sponsor a UK expansion worker. The sponsor licence eligibility criteria to obtain a licence to sponsor UK expansion workers are:

The UK base or subsidiary must have a legal footprint in the UK – for example, be registered at Companies House or have business premises
The UK subsidiary must not already be trading in the UK
The overseas parent company must be linked to the UK sponsor by common ownership or control

Once the company has its sponsor licence it can sponsor the worker on the UK expansion worker visa to come to the UK and expand the overseas business into the UK. One of the visa requirements is that the visa applicant must already be an employee of the overseas-based company.

Sponsor licences to sponsor UK expansion worker visa applicants

The detailed immigration rules require the overseas business to have had an overseas trading presence for at least 3 years (unless the business falls within an exception). In addition, the business must:

Have a credible expansion plan
Demonstrate they can meet sponsor licence duties and reporting and recording requirements
Have appointed an authorising officer to manage the sponsor licence – the immigration rules say that if there are no UK-based workers overseeing the business expansion to the UK at the time of the sponsor licence application, the company can appoint an authorising officer who is a senior employee of the overseas business and who will be the employee sent to the UK to expand the business. This is subject to the proviso that the person meets the criteria for appointment as an authorising officer

Once the sponsor licence is granted the sponsoring employer can sponsor up to 5 expansion workers by allocating them certificates of sponsorship. The certificate is required for each visa applicant to apply for their expansion worker visa.

When the sponsor licence expires after 4 years it cannot be renewed but once the business is trading it can apply to the Home Office for a sponsor licence to sponsor skilled workers from overseas. Expansion workers can choose to switch to the skilled worker visa route or the senior or specialist worker visa route under the global business mobility visa.

The eligibility criteria for the UK expansion worker visa

As well as the company requiring a sponsor licence to sponsor the visa applicant, the employee also needs to meet the following eligibility criteria:

Aged 18 or over
Have been allocated a certificate of sponsorship by their sponsoring employer
Coming to the UK to do a genuine job at an appropriate skill level and paid an appropriate salary. The job must have an allocated standard occupational classification code on a government list of occupations that meet the work visa criteria and the salary must meet the minimum salary threshold for the job
Meet the maintenance requirement – this involves the applicant having at least £1,270 available if applying for entry clearance or if they have been living in the UK for less than 12 months. Meeting the maintenance requirement is unnecessary when an applicant has been in the UK for 12 months
Have worked for the overseas employer or be exempt from this eligibility criteria

One point to note is that, unlike the skilled worker visa route, there is no English language requirement eligibility criteria with the UK expansion worker visa.

The minimum salary threshold for the UK expansion worker visa

The UK expansion worker visa is designed to attract specialist workers with the skills and expertise to expand an overseas-based business into the UK. The minimum salary threshold is therefore either the general salary threshold of £45,800 or the going rate salary for the job’s standard occupational classification code.

The skill threshold

The expansion worker’s job must be at or above the minimum skill level RQF 6. This means the job must be skilled to at least a bachelor's degree or equivalent as well as being on the Home Office list of eligible occupations with an accompanying standard occupational classification code.

Employment by the overseas employer

The rules on previous employment by the overseas-based company depend on the visa applicant’s nationality and salary.

The general rule is that all UK expansion worker visa applicants must be currently working for the sponsoring employer and have worked outside the UK for the overseas parent company for a cumulative period of at least 12 months. The period outside the UK can be accumulated provided the applicant continuously worked for the business from the beginning of the 12 months to the date of the visa application.

A visa applicant is exempt from the general 12-month rule if they are classed as a high earner. The Home Office has set the high earner threshold at £73,900 gross.

A visa applicant is also exempt on nationality grounds if they are either:

A Japanese national coming to the UK to establish a UK branch or subsidiary of the overseas parent company under the UK-Japan Comprehensive Economic Partnership Agreement or

An Australian national or a permanent resident of Australia coming to the UK to establish a UK branch or subsidiary of the overseas parent company under the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia

Length of the UK expansion worker visa

The UK expansion worker visa is usually granted for one year from the start date on the certificate of sponsorship or 14 days after the end date of the job on the certificate, whichever is shorter.

It is possible to stay longer on the expansion worker visa by applying for an extension. A worker can stay in the UK for a maximum of 2 years in total on the expansion worker visa. However, the immigration rules state that if an expansion worker was previously granted permission in the global business mobility visa or the intra-company routes, the maximum period they can stay in the UK must not be more than 5 years in any 6-year period.

The expansion worker visa does not lead to UK settlement but a visa holder can apply to switch to the skilled worker visa route or another work visa route that does lead to an application for indefinite leave to remain.

How OTS Solicitors can help your business expand into the UK

As specialist Sponsorship Licence lawyers, we handle all types of sponsorship licence applications and can answer all your questions about the application process and the supporting paperwork that will need to be submitted in support of your application.

We can also help your business allocate its certificates of sponsorship and support your visa applicants through the application process for the UK expansion worker visa.

We provide a comprehensive individual immigration service, including:

Advice on dependant visas for family members of UK expansion worker visas
Extension applications for the expansion worker visa
Advice on switching to the skilled worker visa
Settlement applications

As specialist Sponsorship Licence lawyers, we provide business immigration law expertise, including:

Pre-licence advice
Sponsor licence applications
Certificate of sponsorship queries
Advice on extending your sponsor licence to cover sponsorship of skilled worker visa holders
Sponsor licence reporting and recording training and advice
A sponsor licence management service for a fixed monthly retainer

UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers

For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.

UK Immigration and Visa Fees Set to Rise on the 4 October 2023

Has Your Application for a Sponsor Licence Been Refused?

OTS Solicitors Celebrate the 2023 Legal 500 London Immigration Rankings

Business Immigration Solicitor Hans Sok Appadu Nominated for Rising Star Award 2022