UK Expansion Worker sponsor licence application

On 11 April 2022, the UK Expansion Worker visa replaced the Representative of an Overseas Business scheme. This route does not lead to Indefinite Leave to Remain (ILR).

The UK Expansion Worker visa allows migrants to come to the UK to set up a branch of an overseas business that has not yet started trading in the UK. Please note that applicants must already work for the overseas business as either a senior manager or a specialist employee.

However, it is important to note that if the business is already trading in the UK, individuals should apply instead for a Senior or Specialist Worker visa (previously the Tier 2 Intra-company Transfer Long-term Staff visa), which was also introduced on 11 April 2022.

As a UK Expansion worker, migrants will be initially granted a 12-monts period, but they will be able to extend their visa for another 12 months. The maximum time they can stay in the UK as a UK Expansion migrant is 2 years. In addition, they must not exceed a maximum of 5 years in any 6-year period if they’ve spent time on any of the visas below:

  • 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).

In order to apply for a UK Expansion Worker visa, individuals will need to have a valid certificate of sponsorship (CoS) from their employer, and must have worked for the overseas employer for at least 12 months unless they’re either earning over £73,900 or a Japanese national doing work for a Japanese company establishing a branch or subsidiary in the UK. Migrants must also be paid at least £42,400 per year or the ‘going rate’ for their job, whichever is higher.

How to apply for a UK Expansion Worker sponsor licence?

An overseas employer must provide evidence that they intend, and are able to establish a new UK branch or wholly-owned subsidiary of an established overseas business. Please note that the overseas business must normally have been trading overseas for a minimum of 3 years (although there are some exceptions).

In order to apply for a UK Expansion Worker sponsor licence, the overseas company have to show that they have:

  • A UK ‘footprint’;
  • An overseas trading presence;
  • Credible plans to expand to the UK and establish a trading presence within 2 years.

Evidence of the UK Expansion Worker sponsor licence application

The overseas company must provide supporting documents from the list below:

 1) Proof of your UK ‘footprint’ must be one of the following documents:

  • Proof that you have registered a UK branch of the overseas company with Companies House (Companies House reference number); or
  • Evidence you have bought or leased business premises in the UK (such as a lease agreement or proof of purchase)

2) Evidence of your overseas trading presence

Unless an exception applies, the company must submit the documents listed under (a) and (b) below.

(a) Evidence you have been trading overseas for at least 12 months before the date of your application:

(i) One of the following:

  • Corporate or business bank statements showing active transactions for services or goods received or provided covering a period of at least 12 months before the date of application; or
  • Audited or unaudited accounts for the most recent financial year (as defined by laws applicable to the overseas business), together with an accountant’s certificate of confirmation.

(ii) One of the following:

  • Copies of contracts for goods or services covering at least the 12-month period before the date of application; or
  • Evidence of advertising for services or goods offered by the overseas business.

(b) Evidence the business was trading overseas 3 years before the date of application, please provide at least one of the following:

  • Business accounts for the relevant period (these must be audited if required by the applicable laws in the jurisdiction in which the business is based);
  • Corporate or business bank statements for the relevant period;
  • Contracts for goods and services for the relevant period;
  • Annual reports and investor information for the relevant period;
  • Any other credible evidence to show the company was actively trading during this period.

3) Evidence of your planned expansion to the UK

Unless an exception applies, the overseas employer must provide one document listed under (a) and two listed under (b) below.

(a) Evidence of your capability to fund your planned expansion, which must show that you have funds available to cover the initial costs for the first 12 months, as projected in your expansion plan – at least one of the following:

  • Corporate or business bank statements showing transactions from the 12-month period before the date of application (if not already submitted under 2(a)(i) above);
  • A letter from your corporate banking provider, setting out the dealings it has had with you, including the nature and duration of those dealings.

(b) Evidence of your expansion plans, please provide at least 2 of the following:RR

  • A summary of your overseas business, including:
  • Information about which sector, or sectors you operate in;
  • A current hierarchy chart for the overseas business detailing any owner, director and board members and the total number of employees;
  • Information about any jobs you intend to fill in the UK, including the job title, occupation code, and salary.
  • A business plan or other document summarising the last 12 months’ activity of the overseas company, its financial position, reasons for expansion, the proposed overall investment in the UK and projected operating costs or expenditure for at least the first 12 months of operating in the UK;
  • Evidence of market research conducted and detailed reasoning for choosing the UK as a viable market to expand to (if not included in the business plan);
  • Where the expansion is subject to a shareholder vote process, as detailed in the company’s original articles of incorporation or equivalent, evidence that this process has been followed;

Where the business plan or document summarising the expansion plans has been produced either wholly or in part by a third party (for example, where market research was outsourced to a specialist company), you must also include certified copies of the contract or agreement for that piece of work with the third party.

4) Other documents

Unless an exception applies, the company must also provide at least one of the following:

  • Annual reports and investor information;
  • Evidence of engagement with, or advice sought from, other UK Government departments or specialist advice companies, such as company formation businesses, relocation firms, UK corporate law services, tax services, or the British Chamber of Commerce;
  • Details of any recruitment campaigns you have run, or plan to run, in the UK for employees of the UK business once trading begins;
  • Articles of Association or equivalent document;
  • Details of any tendering or other process where any activity relating to the business expansion plan, such as the commission of market research, has been conducted by an independent third party;
  • any document listed in Table 4 of Appendix A of sponsor guidance:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1067933/Sponsor-guidance_Appendix-A_04-22.pdf

Contact Our Immigration Team

For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.