UK Expansion Worker Sponsor Licence

UK Expansion Worker Sponsor Licence: Overview

The UK Expansion Worker Sponsor Licence is an integral component of the Global Business Mobility program for overseas businesses seeking to establish a presence in the UK. This sponsored route offers a streamlined process for eligible businesses to sponsor senior managers or specialised workers assigned to the UK temporarily to facilitate the expansion of the business within the country.

For employers considering participation in the UK Expansion Worker Visa program, there are several necessary steps to obtain authorisation from the Home Office to sponsor a non-settled worker and to successfully apply for a UK Expansion Worker sponsor licence.

As part of the application process, employers are expected to provide detailed information about the business’s expansion plans, demonstrating a clear commitment to contributing positively to the UK’s economy.

The requirements include financial stability, compliance with immigration laws, and the ability to fulfil the responsibilities associated with sponsoring overseas workers.

Who Needs Sponsorship on the UK Expansion Worker Route?

If you want to hire someone from another country to set up a branch or subsidiary in the UK, and they don’t have the right to work here, you must sponsor them.

Sponsors for UK Expansion Workers are limited to sponsoring only the necessary number of workers to set up the UK business, with a maximum of 5 workers at any specific time.

You can replace individual workers within this limit, such as when a sponsored worker leaves or returns to their overseas employer. However, you cannot sponsor more than five workers on the UK Expansion Worker route simultaneously.

Benefits of Obtaining a Worker Sponsor Licence

Obtaining a Worker Sponsor Licence offers many benefits for international businesses. Organisations can attract and hire skilled professionals from a global talent pool. This helps bring diverse perspectives and expertise to the UK workforce.

Companies can choose to hire people for a short or long time. They can adjust their staff based on what the market needs. This flexibility is important for dealing with changes in business situations and keeping the business running smoothly.

International businesses, through the Worker Sponsor Licence, contribute to fostering a culturally diverse workplace. This diversity enriches the organisational culture and fuels innovation by bringing together individuals with different backgrounds, experiences, and perspectives.

Requirements for a UK Expansion Worker Sponsor Licence

• Not seeking to sponsor a position that requires working for an external entity
• The position(s) you aim to sponsor is authentic
• The foreign business expanding to the UK must have traded abroad and, usually, for a minimum of 3 years
• The intended expansion mirrors the business you currently operate on an international scale
• Capability to extend your operations to the UK within two years
• Not presently conducting business operations in the UK, but have a visible presence or impact in the UK
• An eligible connection between you (the sponsor) and the foreign business that will be sending workers to your organisation
• The UK venture is either entirely owned by the international business or constitutes a branch
• Provide job opportunities that align with the skill level needed for the UK Expansion Worker program
• Offer job opportunities that meet the salary criteria for the UK Expansion Worker program
• Selection of a minimum of one Level 1 User, Authorising Officer, and Key Contact
• Submit the required documents from Appendix A of the sponsor guidance, adjusted to your application’s needs
• Ensure no ongoing business activities in the UK
• The Home Office examines your business history, Key Personnel backgrounds, and daily operations. Any behaviour conflicting with public interests is taken into account
• The Home Office evaluates your staffing and hiring methods to ensure your capability to meet sponsor duties within specified timeframes

The Responsibilities of a UK Expansion Worker Sponsor Licence Holder

As an overseas business with a UK Expansion Worker Sponsor Licence, it’s important to fulfil responsibilities to ensure compliance and smooth operations in the UK.

You must confirm that your foreign workers have the necessary skills and qualifications. Keep documented evidence. Assign certificates of sponsorship only for suitable jobs that comply with UK employment laws.

Informing UK Visas and Immigration (UKVI) is essential if your sponsored workers aren’t complying with visa conditions. Specific requirements for workers under 18, scale-up workers, or offshore workers must be met. Failure could result in consequences, such as licence downgrade, suspension, or withdrawal.

To monitor workers effectively, implement HR systems to track immigration status, maintain document copies, monitor attendance, and update contact details. Reporting to UKVI is necessary if issues arise, such as a worker stopping work.

In significant business changes, report promptly to UKVI within 20 working days. This includes stopping trading, becoming insolvent, changing business nature, or being in a merger. Communicate changes to contracts with secondment workers or service suppliers. Inform UKVI of changes in your details, such as address or roles.

For sponsors of a UK Expansion Worker with a ‘provisional’ rating, report to UKVI when the Authorising Officer’s visa is granted. Ensure you update your Authorising Officer’s UK details promptly.

Qualifying Overseas Business Link Requirement

A qualifying link between the sponsor and the established overseas business must be demonstrated to qualify for a UK Expansion Worker sponsor licence. Credible evidence showing the intent and ability to establish a new UK branch or wholly-owned subsidiary is crucial. Business bank statements from the corporate or business account demonstrating ongoing transactions for services or goods exchanged, spanning a minimum of 12 months before the application date.

The Home Office will analyse the assignment of Certificates of Sponsorship to ensure they are not for roles with third parties. Assigning roles for filling temporary or permanent positions with non-sponsoring third parties could lead to licence revocation.

The business must have an overseas trading presence for at least three years before the application, with evidence of continuous trading in the 12 months preceding the sponsor licence application.

Appointing Key Personnel for a UK Expansion Worker Sponsor Licence

Before applying for a UK Expansion Worker Sponsor Licence, ensure that your team includes an Authorising Officer, a Key Contact, and at least one Level 1 User. These roles are important in managing your sponsorship licence and fostering communication with the Home Office.

Authorising Officer Responsibilities

The Authorising Officer is a senior person in your business, overseeing migrant worker recruitment and ensuring compliance with sponsor duties and immigration permission. This individual, either UK-based or a senior employee from the overseas business assigned to the UK, is integral to the success of your sponsorship application.

UK-Based Authorising Officer

If your Authorising Officer is based in the UK, they must appoint a Level 1 User and Key Contact who are both UK-based. The Level 1 User, preferably a settled worker, assists with day-to-day sponsorship activities. The approval of your UK Expansion Worker sponsor licence results in an A-rating and a full CoS allocation (up to 5) if the Authorising Officer is UK-based.

Overseas-Based Authorising Officer

An Authorising Officer based outside the UK must also serve as the Level 1 User. This dual role ensures that overseas personnel can effectively manage sponsorship duties. The licence rating and CoS allocation depend on the Authorising Officer’s location.

Certificate of Sponsorship (CoS) Allocation and Sponsor Licence Rating

Upon successfully obtaining a sponsor licence through the UK Expansion Worker route, your business will be classified with either an ‘A’ or a ‘Provisional’ rating, each bearing distinct implications.

Where your Authorising Officer, who is also the individual responsible for the sponsorship management system (a Level 1 User) is an employee of the overseas business, a ‘Provisional’ rating is granted.

When applying for a sponsor licence, a UK business must justify its anticipated need for Certificates of Sponsorship, which can vary based on its operational requirements. To proceed with an entry clearance application to the UK, the Authorising Officer must personally allocate the CoS.

Following their legal residency establishment in the UK and the business securing an A-rating for its sponsor licence, the Authorising Officer can appoint different individuals to key roles.

They can request an increase in the CoS allocation, capped at a maximum of 4.

Understanding the implications of ‘A’ and ‘Provisional’ ratings is important because it allows businesses to adapt their strategies as they progress through the UK Expansion Worker Sponsor Licence process.

Application Process for the UK Expansion Worker Licence

An international business can navigate the Worker Sponsor Licence application process be doing the following:

• Ensure that your business meets the eligibility criteria for obtaining a Worker Sponsor Licence. This involves assessing your company’s adherence to specific qualifications set by UK immigration authorities
• Start the application process by submitting the necessary information online. The UK government provides a user-friendly platform for applicants to enter relevant details about their business and its intentions to hire international workers
• Applicants need to pay the application fee (small sponsors: £574, medium to large sponsors: £1,579). This fee covers the processing costs associated with evaluating the sponsorship request
• Gather necessary documentation, including details about your business, financial records (£10.2 million or less annual turnover), and the specific roles you intend to sponsor. It’s crucial to be thorough in providing accurate information during this stage.
• Upload the necessary supporting documents to substantiate the information provided in the application
• Once the application is submitted, UK immigration authorities will conduct a thorough review. This involves verifying the authenticity of the provided information and assessing the business’s compliance with eligibility criteria

Costs of a UK Expansion Worker Visa

The application fee for the UK Expansion Worker Visa is £319. Applicants will also need to pay a healthcare surcharge of £1035 per year.

This tiered payment system reflects the diversity of organisations seeking the UK Expansion Worker Sponsor Licence. Organisations must know these fee structures and plan accordingly when applying for the UK Expansion Worker Sponsor Licence.

Understanding the financial obligations based on the organisation’s size and the intended duration of sponsorship enables businesses to budget effectively and adhere to the prescribed payment guidelines.

Payment of Skill-Based Immigration Charges

The UK Expansion Worker Sponsor Licence payment is determined by the duration the sponsored worker will be in the UK. If the worker is expected to stay for more than six months but less than a year, the sponsor must pay for a minimum of 12 months. The full charge must be paid in a single transaction.

UK expansion worker sponsors are obligated to pay for the entire duration of the sponsorship, and the maximum period a worker can be sponsored is five years.

If the sponsor fails to pay the charge or makes an incorrect payment, UK Visas and Immigration (UKVI) will promptly contact them. The sponsor will then have 10 working days to rectify the payment. Failure to comply within this timeframe may result in the worker’s visa application being refused.

Sending Your Documents for The UK Expansion Worker Licence Application

When submitting documents for the UK expansion worker route, you can scan or take pictures of the submission sheet and supporting documents. These files should then be sent to the specified email address on the submission sheet.

Ensure that your files comply with certain specifications: they must be in PDF, JPEG, or PNG format, possess descriptive titles with 25 or fewer characters, and maintain a sufficiently high quality for readability.

In instances where the submitted documents are not in English or Welsh, it is mandatory to include a certified translation. This facilitates a smooth evaluation of your UK Expansion Worker route application.

The Processing Time

The processing time for a decision on the UK Expansion Worker Sponsor Licence application is up to 8 weeks from the date of application.. The UK Visa and Immigration (UKVI) department may occasionally visit to assess your business during this period.

For those seeking a quicker decision, an expedited option is available for an additional fee of £500, allowing applicants to receive a decision within ten working days. It is important to note that the expedited service is limited and available only for a restricted number of applications each working day.

The allocation of faster decisions is handled on a first-come, first-served basis. If you wish to opt for the expedited service, guidance on requesting a faster decision will be provided after you submit your application. This additional service provides a valuable option for businesses requiring a swift response to their UK Expansion Worker Sponsor Licence application.

Rejection/Refusal of an Expansion Worker Visa Sponsor Licence Application

If your UK Expansion Worker Sponsor Licence application is rejected, it is due to not meeting the validity requirements such as paying the wrong application fee or not submitting all the required documents. In cases of rejection, you may get a refund and can submit a revised application.

If your sponsor licence application was refused, it might be due to your business not meeting the requirements for a sponsor licence, not having suitable key personnel, the business not being compliant, or a home office caseworker error. In cases of a refusal, you may be able to make an Error Correction request or judicial review. The alternative is to wait for the cooling-off period to expire and reapply. The cooling period is typically between 6 and 12 months.

How Can IAS Help?

IAS immigration lawyers offer counsel to overseas businesses seeking a UK Expansion Worker Sponsor Licence. They can assess a business’s unique needs and circumstances, providing tailored advice on optimising the application to align with organisational goals.

These professionals can continue to provide ongoing support, assisting organisations in managing compliance, renewing licences, and navigating any legal challenges that may arise post-approval.

IAS business immigration lawyers can assess the unique needs and circumstances of a business, providing tailored advice on optimising the application to align with organisational goals.

For more information, businesses seeking detailed legal guidance about the UK Expansion Worker Sponsor Licence program can contact IAS immigration lawyers. You can reach us by calling +44 (0)333 414 9244 for assistance or send us an online message.