Challenges and complexities of visa applications

The UK Expansion Worker visa, introduced to replace the sole representative route, has been available for over two years. However, its implementation has revealed several challenges and complexities that businesses should be aware of before applying. Here’s a summary of the key themes and insights from our experience.

A Last Resort Option

The UK Expansion Worker visa often serves as a fallback for businesses unable to apply for a Skilled Worker sponsor licence. This situation may arise due to difficulties in opening a UK bank account or identifying a UK-based Authorising Officer. The route is intended to help businesses that are not yet established enough for a Skilled Worker sponsor licence. However, the requirements are tricky to navigate. The business must have a UK branch or premises and a detailed business plan but cannot have started trading. This creates a confusing situation where a business is sufficiently established for the visa but not yet trading, which would be a requirement for a Skilled Worker licence.

Sponsor Licence Issues

Obtaining a sponsor licence under this visa route is not straightforward. The application process is document-heavy, with various concessions and requirements that can be difficult to manage. There is also no priority service for this category, which is surprising given the government’s aim to attract overseas investment. Once a licence is granted, it is given a ‘provisional’ rating, requiring the sponsor to upgrade it once the transferee arrives in the UK. However, the sponsor management system lacks a clear process for this upgrade, leading to delays of up to 18 weeks.

Extension Challenges for UK Expansion Worker Visa

As the first one-year visas issued under this route come up for renewal, many businesses are finding it challenging to extend their workers’ permissions. The Home Office often demands additional documentation, such as evidence of UK tax registration or a UK bank account, which new businesses might not yet have. This creates a catch-22 situation where businesses are penalized for not having the very documents that the visa’s two-year period is supposed to allow them time to obtain.

The Role of the Authorising Officer

One of the advantages of the UK Expansion Worker visa is that the sponsored worker can serve as the Authorising Officer for the business, including for any future Skilled Worker sponsor licence applications. However, the Home Office’s guidance on this matter is unclear. It suggests that once the worker switches to a Skilled Worker visa, they can no longer act as the sole Level 1 user on the sponsor management system. However, there is some uncertainty here, and businesses should seek clarification before proceeding.

Conclusion

The UK Expansion Worker visa is complex and often difficult to manage. Businesses should start the application process well in advance of when they plan to begin UK operations or extend their worker’s permissions. It’s essential to be aware of the additional documentary requirements that the Home Office may request, even if they are not explicitly mentioned in the guidance. Finally, always reassess whether your client might be better off applying for a Skilled Worker visa instead. This route, while challenging, might be the only option available, but it should truly be a last resort.

From Taylor Hamptons Immigration department.

How do I find out more?

For more information on UK Expansion Worker services contact our head of immigration: Leena Chouhan on 02074275972