The Introduction of the Global Mobility UK Expansion Worker visa

On 15 March 2022, the Home Office introduced the statement of changes. In summary, this is where the Home Office updates and/or replaces parts of the Immigration Rules in the various application categories.

There have been many changes with a noticeable change in the ending of the Sole Representative of an Overseas Business visa route. This route will no longer take effect as of 11 April 2022 by 9 am. It is advised that any business that seeks to apply under the rules containing this visa should do so before the deadline date.

We further highlight that those already on sole representative visa route will not be affected by the changes highlighted within this article.

What comes after the Sole Representative of an Overseas Business comes to an end?

The Home Office has confirmed that the replacement will come in the form of a new category entitled Global Mobility UK Expansion Worker visa.

The Global Mobility UK Expansion Worker visa is targeted at businesses outside the United Kingdom which seek to expand their presence from within the United Kingdom. It is worth highlighting that this visa covers businesses that have not started trading in the UK.

The Global Mobility UK Expansion Worker visa is the focus of this article but it is worth highlighting that the Home Office has introduced a range of categories directly targeted at Global Mobility which includes Senior or Specialist Worker, Graduate Trainee, Service Supplier, Secondment Worker, and High Potential.

What are the features of the Global Mobility UK Expansion Worker visa?

The Home Office will introduce a new point-based visa system. Before considering an application, it is worth highlighting that the overseas business will need to acquire a Sponsor Licence for the UK company they plan to set up in the UK. It will then be for the UK company to apply for a certificate of sponsorship and Sponsor the Applicant to meet the initial eligibility under this route, which we have set out below.?

There will be 60 points in total awarded under this category. This amounts to 20 for Sponsorship (as highlighted above), 20 for the job at an appropriate level, and 20 for salary at a required level. All should be met for the satisfaction of the visa route.

In general terms, the following should be met:

• The Applicant should be aged 18 years of age or over.
• The job must be genuine and not created to facilitate an entry into the UK or for undertaking work for a third party, who has not been given a certificate of Sponsorship.
• The Applicant is currently working for the overseas business linked to the UK sponsor (a branch that will be created in the UK) by common ownership or control, or by a joint venture. This will mean in practice, the Applicant must be given a certificate of sponsorship before the application can be accepted (highlighted above).
• The Applicant must have worked outside the UK for the overseas linked business for a cumulative period of at least 12 months. The 12-month rule does not apply if the Applicant is earning ￡73,900 per year or more or the Applicant is a Japanese national seeking to establish a UK branch or subsidiary of the linked business or organisation under the UK-Japan Comprehensive Economic Partnership Agreement.
• Where the Applicant has worked for at least 12 months, the salary must be equal to or exceed both ￡42,400 per year and the ‘going rate’ for the job. The "ongoing rate" will depend on the occupation of the job. A full list of the ongoing rate per job will be released by the Home Office once the route opens.?

There will be general requirements to meet in addition to the relevant pointers noted above, such as the Applicant being able to maintain themselves without access to public funds, the Tuberculosis certificate (if from a country that is on the list of requiring a Tuberculosis certificate) and there are specific consideration factors to be considered regarding the salary. We will therefore advise any business that wishes to consider this route to seek legal advice.

What are the differences between the Sole Representative of an Overseas Business visa and the Global Mobility UK Expansion Worker visa?

There are a few key differences between the new Global Mobility UK Expansion Worker visa and Sole Representative of an Overseas Business visa. Some advantageous and some evidentially that will not be fully welcomed by Applicants under the new route.?

Key Difference: English Language requirement

Under the Sole representative route the Applicant must prove knowledge of English by either:

• Passing an approved English Language test with at least CEFR level A1 in speaking and listening or
• having an academic qualification that was taught in English and is recognised by Eccles(formerly known as UK Naric) as being equivalent to a UK bachelor’s degree, master’s degree or PhD.

Under the new route, there are no present English language requirements to be met.

Key difference: Shareholding requirement

Another advantage to the new visa route is the changes made to the shareholding percentage rule which is a main feature of the Sole representative route.

Under the Sole representative route where an Applicant owns or controls a stake in the overseas business, they cannot own or control a majority of that business. This principle applies whether that ownership or control is by shareholding, partnership agreement, sole proprietorship, or any other arrangement. This in practice means that the Applicant cannot:

• own more than 50% of the shares
• control more than 50% of the voting rights
• be the self-employed owner of that business
• be the sole-proprietor of that business
• be in a partnership agreement in which they own more than 50% of that business.

However, under the Global Mobility UK Expansion Worker visa, there are no current limits to the shareholding and percent of shares owned. Noticeably, where the sole representative visa focuses on sole Applicants, a further advantage is under the new visa a group of individuals can apply at the same time (providing they meet the requirements of the application). We would advise seeking legal advice if the business intends to apply for multiple positions at once.?

Key Difference: Settlement

A major setback is that the Global Mobility UK Expansion Worker visa does not lead to settlement. The initial grant will be two years and the maximum period of stay under the new visa route is up to five years within a six year period. This is a stark contrast to the sole representative visa which leads to settlement after five years.

What are the rules on dependents under the Global Mobility UK Expansion Worker visa?

Rules on partners and children have generally remained the same. Partners and children are eligible to apply as dependents. This applies from entry clearance applications and also in the country if the Applicant is residing in the UK.?

Conclusion

The changes in place highlight how the role of sponsor licences will be a very important part of future Immigration Rule policies. Many Applicants may be frustrated with the rules on the settlement but as very skilled lawyers ourselves, we are aware of ways an Applicant can still meet the requirements of settlement by taking advantage of switching into different categories, which is permitted in certain immigration categories under this visa route. Therefore, although this route does not count or lead to settlement per se, the potential of an Applicant meeting the requirements for settlement cannot be disregarded altogether.?

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