How Does The New UK Expansion Worker Visa Differ From The Old Sole Representative Visa?

The Home Office has introduced the Global Business Mobility – UK Expansion Worker visa, which replaces the old sole representative visa provisions.

Like the sole representative visa, the new UK Expansion Worker visa is designed for overseas workers who are undertaking temporary work assignments in the UK. The worker must be a senior manager or specialist employee who comes to the UK to establish an entity connected to the overseas company. 

However, while the sole representative visa did not require the new business in the UK to apply for a sponsor licence and sponsor the first worker to come to the UK, the UK Expansion Worker visa is a sponsored route, meaning that the UK entity will need to apply for, and be granted, a sponsor licence before any visa applications sponsoring the first workers to come to the UK can be submitted. A welcome change in the new category is the option of sponsoring up to 5 workers at the same time to come to the UK.

Under the sole representative provisions, only one worker could come to the UK to set up the new business. However, these changes also mean the new UK business will become subject to sponsor compliance requirements much earlier than it was previously the case, and these are not easy to navigate.

Due to the fact that the UK Expansion worker route is now a sponsored one, it is subject to minimum skill, salary, and length of employment overseas requirements, thus increasing the eligibility  requirements compared to the sole representative route.

The sole representative visa was popular because it could lead to settlement in the UK after 5 years. This is no longer an option under the new visa provisions. The UK Expansion Worker visa will only be granted for a maximum of 2 years, after which the worker needs to switch into a visa category that could eventually lead to settlement, such as a Skilled Worker visa.

One thing that has remained the same is that applicants under the new category can still bring partners and minor children as dependants.

How Gherson can help

This is a new visa category for the Home Office. While it borrows elements from the previous sole representative and other visa categories, experience has shown that new rules often lead to Home Office Entry Clearance Officers and Caseworkers applying them incorrectly until they bed down. 

At Gherson, we have extensive experience in dealing with the Home Office when new visa categories are introduced. If you require assistance with an UK Expansion Worker sponsor licence application, an UK Expansion worker visa application, or have questions regarding extending your current sole representative visa, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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