UK Expansion Worker Visa replaces Sole Representative Visa

The new immigration category of UK Expansion Worker opened on 11 April 2022. It replaced the old sole representative provisions, which will be familiar to many businesses that have expanded to the UK in the last few years.

Can I obtain a UK Expansion Worker visa if I am the owner of an overseas business?

Like the Sole Representative visa, the new UK Expansion Worker route is designed for overseas businesses with no commercial presence in the UK to send a senior employee to the UK to establish a UK presence. The worker being sent must be a senior manager or specialist employee, who is coming to the UK to establish a registered branch or wholly-owned subsidiary of overseas company.

There are some notable differences between this visa and the old sole representative route. 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 can be submitted.

One very welcome change is the fact that the UK authorities have waived the requirement for the applicant not to own more than 50% of the shares in, or otherwise control, the overseas company. This means that majority shareholders or outright owners of overseas companies can now apply for the UK Expansion Worker visa if they themselves wish to lead the expansion of their business in the UK, provided, of course, that the business can demonstrate that their plan to expand to the UK is credible and not being undertaken solely to facilitate the owner’s immigration to the UK.  

If the overseas business has been trading for three years or more, up to five employees can apply for a UK Expansion visa (provided they are genuinely needed in the UK), if the business has been trading for a shorter time period – only one person can apply.

The UK Expansion Worker visa is issued for up to two years and does not lead to settlement in the UK. The visa holder will have to switch into another category, such as Skilled Worker, if they wish to remain in the UK long term.

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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