Expansion Worker 2022 Formerly Sole Representative Visa

UK Expansion Worker 2022

The UK Expansion Worker route comes under the newly introduced Global Business Mobility routes. It replaces the previous Sole Representative of an Overseas Business route. You can apply under the Global Mobility routes if you are a worker based outside the UK who is undertaking a temporary work assignment in the UK as a Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier or Secondment Worker. The blog focuses on the UK Expansion Worker route.

UK Expansion Worker route is for overseas workers who are undertaking temporary work assignments in the UK. The worker is a senior manager or specialist employee and is being assigned to the UK to undertake work related to a business’s expansion to the UK. It is important to note that this route can only be used when the business has not yet begun trading in the UK. If the business is already trading in the UK, workers should apply under the Skilled Worker route instead.

These visas will only be granted for one year at a time and up to two years in total before applicants would be required to switch to another route.

The application process is essentially two stages. In order to qualify as a worker, you must hold a certificate of sponsorship (CoS), amongst other requirements (see below). As the business, you must hold a sponsorship licence in order to assign a CoS to your worker. At Baya we can complete stage 1 and stage 2 with you. You may wish to compete stage 2 first in order to ensure you have a licence ready for the time you apply, however, it can be a good idea to compete both stages side by side ensuring the applicant is ready to apply once the sponsor licence is obtained.

Stage 1 – Expansion Worker Requirements for the Applicant

In order to qualify for a UK Expansion Worker Visa, you will need to satisfy the requirements. Here are some of the basic requirements:

• You are aged 18 or over
• The job you are planning to do is genuine and is at least RQF Level 6 (graduate equivalent – You do not necessarily need to hold a degree, but the role must be equivalent to a graduate level role)
• You must have funds of at least £1,270 (held for a 28-day period prior to application)
• You have provided a valid TB certificate (if required)
• You must have a valid certificate of sponsorship (CoS)

In addition to the above, you will also have to show that you have been working for the overseas business for at least 12 months prior to applying. If you cannot meet this requirement, you can bypass it if your annual gross salary is at least £73,900.

The job must fall into one of the Home Office’s SOC codes. You must ensure that the correct SOC code is chosen as the general salary requirement under this route is £42,400 a year.  Therefore, you must be paid a salary which equals or exceeds £42,400 per year and 100% of the pro-rata going rate for the occupation, whichever is higher.

Under this route you will need to satisfy the Home Office that you are being sponsored to undertake a genuine job. You will have to show the Home Office that the job you are coming to fill has not just been created for the sole purpose of you moving to the UK. You will need to obtain a certificate of sponsorship (CoS) from an employer that is authorised to sponsor a UK Expansion Worker. The CoS must:

• Confirm the applicant’s name, that they are being sponsored as a UK Expansion Worker, details of the job, salary and any allowances the sponsor is offering them (if applicable)
• Include a start date for the job, stated by the sponsor, which is no more than 3 months after the date of application
• Not have been used in a previous application (can have been used in a previous application which was rejected as invalid, made void or withdrawn)
• Not have been withdrawn by the sponsor or cancelled by the Home Office
• Confirm that the applicant has worked for the employer (outside the UK) for a period of at least 12 months, unless the applicant is either:
  • applying as a high earner; or
  • a Japanese national seeking to establish a UK branch or subsidiary of the sponsor group under the UK-Japan Comprehensive Economic Partnership Agreement.

As touched on above, in order to get your worker to the UK, you will need a Global Business Mobility/ Skilled Worker sponsor licence in order to issue the worker with a valid CoS.

How to get a Global Business Mobility sponsor licence

By obtaining a sponsor licence, you will be able to sponsor workers to come to the UK to carry out your business functions. See our article here for general information and requirements for sponsorship licences.

In addition to these, to be eligible for a sponsor licence on any of the Global Business Mobility routes, you must be able to satisfy the Home Office that you:

• Have systems in place to meet the sponsor licence duties
• Have an existing presence in the UK (a UK footprint):

You must show that you have a UK footprint. This can include a business premises in the UK or that you have registered with Companies House. You must not have begun trading, however.

• Have qualifying links to an overseas business from which it will receive workers:

You must provide credible evidence that you intend, and are able, to establish a new UK branch or wholly-owned subsidiary of an established overseas business. The overseas business must normally have been trading overseas for a minimum of 3 years (although there are some exceptions to this requirement).

• Have suitable key personnel who will be responsible for the managing the licence

You must have an Authorising Officer. This is a worker who is already based in the UK and will be overseeing your expansion to the UK; or if there no suitable person based in the UK who can take this role, a senior employee of the overseas business who will be assigned to the UK to oversee the expansion. In the case of the latter option, you will be given a CoS allocation of 1 initially, and you will be given a Provisional licence rating. However, if you can fulfil the former, you will be given an A-rating and your full CoS allocation (up to a maximum of 5).

Baya Immigration can help you obtain and maintain a licence. Once you have established a UK trading presence, you can apply to add other routes to your licence (for example, Skilled Worker or Senior or Specialist Worker). Your sponsored workers can then apply to switch to these routes if they meet the relevant requirements, which may lead to settlement. We can assist you throughout the whole process.