Upgrading from an Expansion Worker Licence to Skilled Worker Licence?

Navigating UK immigration rules can be complex, especially for businesses looking to grow. One significant transition is upgrading from an Expansion Worker Licence to a Skilled Worker Licence. This guide outlines the process, benefits and key requirements.

What is the Difference?

Expansion Worker Licence

The Expansion Worker route is designed for businesses that do not have a trading UK presence but wish to send senior managers or specialist employees to the UK to establish a branch or subsidiary. This licence is typically the first step for overseas businesses looking to expand into the UK market.

Skilled Worker Licence

The Skilled Worker route, which replaced the Tier 2 (General) visa, is intended for businesses that need to hire foreign workers to fill specific skilled roles. This licence allows employers to sponsor skilled workers to come to or stay in the UK to do an eligible job with an approved employer.

Why Upgrade?

Business Growth

As your UK branch gains more presence, a Skilled Worker Licence provides a permanent workforce solution, supporting growth and stability.

Broader Talent Pool

This licence grants access to a wider range of skilled professionals, helping you meet market demands and address skill shortages more effectively.

Long-Term Benefits

Employees can apply for longer-term visas and potentially permanent residency, which enhances talent retention and job satisfaction.

How to Upgrade?

Step 1: Check Eligibility

Ensure your business meets the criteria for a Skilled Worker Licence. This includes but is not limited to:

• Proving your business is legally operating and trading in the UK.
• Demonstrating a genuine need for a Skilled Worker sponsor licence.

Step 2: Gather Documentation

Prepare documents, such as proof of business operations, financial records, and evidence of your need for skilled workers. Demonstrate that your business can undertake sponsorship duties.

Step 3: Submit Your Application

Complete and submit an application for the Skilled Worker Licence. This involves providing detailed information about your business and the roles you intend to fill.

Step 4: Prepare for Home Office Assessment

The Home Office may conduct a compliance audit or request a detailed outline of your systems and processes.

?Key Considerations

• Timing: Start the upgrade process well before your Expansion Worker Licence expires (usually such licences are valid for a maximum of 2 years) to avoid any disruptions in your business operations.
• Costs: Be aware of the costs involved, including the application fee for the Skilled Worker Licence, the Immigration Skills Charge, and visa application fees for employees.
• Legal Advice: Consider seeking legal advice to navigate the application process and understand your obligations as a Sponsor to ensure compliance with all immigration laws. For further guidance and support, do not hesitate to reach out to Gherson Solicitors LLP.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to?contact us?for advice, send us an?e-mail: [email protected]

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.

?Gherson?2024