The UK Expansion Worker visa and the Senior or Specialist Worker visa are both part of the UK's immigration system, However, they serve different purposes. The UK Expansion Worker visa is designed for senior managers or specialist employees of an overseas business who are responsible for establishing a new branch or subsidiary in the UK that has not yet commenced trading. This visa enables these individuals to establish their business operations from the ground up in the United Kingdom.

On the other hand, the Senior or Specialist Worker visa is designed for employees of an international organisation who will be employed at an existing UK branch. This visa has replaced the Intra-company Transfer visa, enabling qualified workers to contribute to their employer's operations in the United Kingdom.

What are the Sponsorship Requirements for UK Expansion Workers and Senior or Specialist Workers?

Both the UK Expansion Worker and Senior or Specialist Worker visas require applicants to have a valid Certificate of Sponsorship from their employer. The employer must be licensed by the UKVI to sponsor migrant workers. This sponsorship is crucial as it confirms that the employer has a genuine need for the worker's skills and that they will comply with the terms of the sponsorship.

For the Expansion worker, the overseas business must apply for a UK Expansion Worker sponsor licence, which involves demonstrating a UK footprint, an overseas trading presence, and plans for expansion in the UK. If the Authorising Officer is based in the UK, the licence will typically be granted with an A-rating. However, if the Authorising Officer is based outside the UK, the licence will initially be provisional, allowing only one CoS for the Authorising Officer. This provisional licence is designed to facilitate the initial setup of the UK business by enabling the Authorising Officer to enter the UK to oversee the expansion process.

In contrast, the Senior or Specialist Worker visa requires the employer to hold an A-rated sponsor licence. This licence is granted to employers who can demonstrate a specific business relationship with the overseas entity, such as common ownership or control, or a joint venture agreement. The application process involves submitting detailed documents and nominating key personnel who will manage the sponsorship duties. Once the A-rated licence is secured, the employer can assign a valid CoS to the applicant, which is necessary for the visa application. Unlike the UK Expansion Worker route, the Senior or Specialist Worker route does not offer a provisional licence option, emphasizing the need for an established UK presence and a robust sponsorship framework.

What are the Salary Requirements for UK Expansion Workers and Senior or Specialist Workers?

The salary requirements for both visas are similar, with a minimum threshold of £48,500 per year. However, applicants must be paid at least 100% of the pro-rated going rate for the occupation as set out in the relevant occupation code. This implies that the salary must meet both the general threshold and the going rate requirement, whichever is higher. This ensures that experienced workers are adequately compensated for their expertise and experience, in accordance with the labour market standards in the UK. The going rate is determined by the occupation code, which provides a benchmark for fair compensation in each field.

What is the Overseas Employment History Requirement?

Both the UK Expansion Worker and Senior or Specialist Worker visas generally require applicants to have worked for their employer outside the UK for at least 12 months. This requirement ensures that the applicant has a strong connection to the overseas business and relevant experience for their role in the UK. However, exceptions apply for high earners (earning £73,900 or more per year) and certain nationalities, such as Australian or Japanese nationals. For the Senior or Specialist Worker visa, the 12-month employment does not need to be continuous, as long as it was accumulated during a period of uninterrupted work for an eligible business. These rules aim to ensure that applicants are integral members of the overseas organisation and equipped to contribute effectively in the UK.

How Do Applicants Meet the Financial Requirements for Visa Applicants?

Applicants for both the UK Expansion Worker and Senior or Specialist Worker visas must meet specific financial requirements to ensure they can support themselves in the UK.

For both visas, applicants must demonstrate that they have sufficient funds to support themselves unless their sponsor certifies maintenance. Specifically, applicants must show proof of at least £1,270 in personal savings, which must have been held for at least 28 consecutive days ending no more than 31 days before the visa application date.

However, if the sponsor is willing and able to certify maintenance, this financial requirement can be waived. This certification means the sponsor agrees to cover the applicant's living costs for the first month in the UK.

What is the Maximum Permitted Stay in the UK?

The UK Expansion Worker and Senior or Specialist Worker visas have varying maximum permitted stays in the United Kingdom. The UK Expansion Worker visa allows for a maximum stay of two years, with an initial stay of up to 12 months that can be extended by an additional 12 months.

On the other hand, the Senior or Specialist Worker visa enables initial stays of up to five years, with the possibility for extensions. The maximum cumulative stay for this visa is contingent upon salary.

Individuals earning less than £73,900 per year are permitted to remain for a maximum of five years within six years, while those earning £73,900 or more are permitted to remain for a maximum of nine years within ten years. This flexibility enables Senior or Specialist Workers to spend a longer period of time in the UK than UK Expansion Workers.

What are the Pathways to Settlement for Visa Holders?

Neither the UK Expansion Worker nor the Senior or Specialist Worker visa routes lead directly to settlement in the UK. However, visa holders may be able to switch to other immigration routes that do allow for settlement, such as the Skilled Worker or Innovator Founder routes, provided they meet the necessary requirements for those routes. Additionally, individuals may be eligible to extend their stay until they qualify for settlement based on long residence, which requires living in the UK for a certain period without significant absences. Dependants of these visa holders can also apply for settlement if they meet the relevant requirements, typically tied to the main applicant's status.

The most significant difference in eligibility criteria between the UK Expansion Worker and Senior or Specialist Worker routes is the necessity of a UK-based business presence. The UK Expansion Worker route is designed for overseas businesses that have not yet established operations in the UK, allowing senior managers or specialists to enter the UK to set up a new branch or subsidiary. In contrast, the Senior or Specialist Worker route requires an existing UK branch of a company, which implies that a UK-based business is connected to the overseas entity through common ownership or control.

This distinction reflects that each route accommodates different business scenarios under UK immigration law, with the UK Expansion Worker facilitating new market entry and the Senior or Specialist Worker supporting established operations.

ARIS International Lawyers provides expert advice and support for UK expansion and senior worker sponsorship, as well as visa applications. If you have any questions or require assistance, please contact us on 020 3865 6219 or leave a message.