Overseas businesses wishing to expand into the UK market from April 2022, require Global Business Mobility Sponsorship and the nominated expansion workers apply for their visa afterwards. Whereas the old Sole Representative of Overseas visa requires the qualifications of the employee as a UK representative and the detail of overseas business together for appointed personnel to establish their UK branch or subsidiary. UK Expansion Worker route made the process more complicated by allowing overseas businesses to send nominated employees after obtaining a sponsor licence.

Expansion Worker Sponsor Licence: Requirement

The Expansion Worker Sponsor License is only possible for overseas companies which have no branch, have never traded within the UK and have no UK based representatives.

The overseas businesses prove they are reliable, organized, and capable to manage the sponsor license.

The overseas business has a credible expansion plan to show the company genuinely intends and can expand into the UK and set up a UK trading presence within two years. The planned expansion must be in the same type of business that the overseas parent company carries out overseas, and cannot be a new type of business venture by the company.

Evidence to apply for a sponsorship

All businesses must show they have a UK footprint. This must be the proof the company has registered a UK branch of the overseas company with Companies House or evidence the company has bought or leased business premises in the UK.

The overseas business expanding into the UK is active and trading overseas and, unless the company falls within an exception, is able to demonstrate the company has been active and trading for at least three years before the date of sponsor licence application.

Evidence of the capability to fund their planned expansion, which must show that they have funds available to cover the initial costs for the first 12 months, as projected in their expansion plan.

Evidence of market research conducted and detailed reasoning for choosing the UK as a viable market to expand.

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 (this may form part of the company’s filed accounts)

Where the business plan or document summarizing the expansion plans has been produced either wholly or in part by a third party, certified copies of the contract or agreement for that piece of work with the third party should be included.

The company has appointed key personnel to manage the sponsor licence.

Overseas business Exceptions

If the overseas company is trying to establish a UK branch or subsidiary of a Japanese business under the UK-Japan Comprehensive Economic Partnership Agreement, the company does not have been trading in Japan for three years, provided the company can show it is genuinely trading overseas and is capable of credible expansion to the UK.

The company will not normally have to produce evidence of overseas trading or ability to expand into the UK if the expansion to the UK is supported by the Department for International Trade, the Department for Business, Energy and Industrial Strategy, or by another government department, and the department confirms the viability of the planned expansion.

Requirement for the UK Expansion Worker visa application

Once the sponsorship is granted, the appointed Expansion workers can apply for a visa to establish a branch or subsidiary in the UK and must meet the followings:

Applicants have worked outside the UK for the linked business or organisation for a cumulative period of at least 12 months.

If applicants are high earners earning £73,900 per year or more or they are a Japanese national seeking to establish a UK branch or subsidiary of the linked business or organisation under the UK-Japan Comprehensive Economic Partnership Agreement, they do not have to work for a minimum 12 months period at the linked overseas businesses.

A valid Certificate of Sponsorship issued by the UK sponsor for the job.

The job they are planning to do is genuine and skilled to at least RQF Level 6

The salary will be equal to or exceed both £42,400 per year and the ‘going rate’ for the job;

However, applicants do not have to meet English requirements.

The application for sponsorship for UK Expansion Worker is a complex and time-consuming process. However, despite the burdensome and time-consuming nature of sponsorship application, the company's only option would be to apply for sponsorship and send employees to the UK to expand their overseas business.

If you need help applying for sponsorship for Expansion Worker to establish a UK branch, please leave a message.