UK EXPANSION WORKER SPONSOR LICENCE FOR A SWISS BUSINESS ESTABLISHING A BRANCH OR SUBSIDIARY IN THE UK

The Global Business Mobility – UK Expansion Worker Visa is available to Swiss businesses planning to establish a branch or subsidiary in the UK. The UK Expansion Worker visa route allows eligible companies in Switzerland to sponsor senior managers or specialist workers for temporary assignments related to the expansion of their business into the UK.

This guide is intended for employers seeking Home Office authorisation to sponsor a non-settled worker as a UK Expansion Worker. It outlines the general and route-specific requirements necessary for a successful application for a UK Expansion Worker sponsor licence.

Which Swiss Companies Need a UK Expansion Worker Sponsor Licence?

Any Swiss national (or other non-UK national) employed to establish a UK branch or subsidiary of a Swiss enterprise must be sponsored if they are not a UK settled worker or do not have existing immigration permission to work in the UK. This includes most EU, EEA, and Swiss nationals arriving in the UK after 31 December 2020. Sponsorship requires Home Office authorisation.

Licensed sponsors from Switzerland can only sponsor the number of workers genuinely needed to establish the UK business, up to a maximum of 5 at any one time. Individual workers can be replaced within this limit, but the total cannot exceed 5 workers at any time.

Requirements for a UK Expansion Worker Sponsor Licence for a Swiss Business

To qualify for a UK Expansion Worker sponsor licence as a Swiss business, employers must meet general and route-specific requirements:

General Requirements:

1. Genuine Organisation: Must be operating lawfully in the UK.

2. Honesty and Reliability: Must demonstrate integrity and compliance with public good.

3. Sponsor Duties: Must show capability to fulfil sponsor duties as per Home Office guidance.

Route-Specific Requirements:

1. Skill Level: The job in the UK must meet the skill level requirement (graduate level or equivalent).

2. Salary Level: The offered salary must meet the general salary requirement of £48,500 per year or the ‘going rate’ for the relevant occupation code.

3. Genuine Job: The role must be legitimate and necessary for the Swiss business’s UK expansion.

4. No Third-Party Work: The role cannot involve working for a third party.

5. Overseas Link: The UK branch or subsidiary must have a qualifying link with the Swiss business.

6. No Active Trading: The UK entity must have a UK footprint but not be actively trading in the UK.

7. Trading History: The business in Switzerland must be active and trading for at least 3 years (with some exceptions).

8. Expansion Intent: The Swiss business must genuinely intend and be able to establish a UK trading presence within two years.

9. Ownership Structure: The UK entity must be wholly owned by the Swiss business or part of the same legal entity.

10. Appointing Key Personnel: The UK entity must designate an Authorising Officer, Key Contact, and at least one Level 1 User.

General Requirements in Detail

Genuine Organisation: The UK entity will need to provide specified documents as per Appendix A of the sponsor guidance to prove lawful operation in the UK.

Honest and Reliable: The Home Office will review the business history, backgrounds of key personnel, and those involved in daily operations.

Sponsor Duties: Current HR and recruitment practices will be assessed to ensure the ability to comply with sponsor duties.

Route-Specific Requirements in Detail

Skill Level Requirement: The job must be skilled to level 6 or above (graduate level). The Home Office provides a list of eligible jobs and occupation codes in Appendix Skilled Occupations.

Salary Level Requirement: The salary must meet the general requirement of £48,500 per year or the ‘going rate’ for the occupation. Guaranteed allowances for the cost of living and mobility premiums can be included.

Genuine Employment Requirement: The UK branch or subsidiary of the Swiss company can only sponsor the number of workers genuinely needed, up to a maximum of 5. The Home Office will refuse applications for non-genuine roles.

Working for a Third Party: The role cannot involve filling a position or providing routine services to a third party. Breaching this condition may result in revocation of the sponsor licence.

Qualifying Overseas Business Link: The Switzerland-based headquarters must provide credible evidence of the intent and ability to establish a UK branch or subsidiary linked to the Swiss business.

UK Footprint Requirement: The UK entity must show proof of UK business premises or registration with Companies House, but cannot already be actively trading in the UK.

Overseas Trading Presence: The business in Switzerland that is looking to expand into the UK must demonstrate that it has been active and trading for at least 3 years.

Credible Expansion Plan: The Swiss parent company must provide a detailed business plan and financial evidence to support the planned UK expansion. The expansion must be in the same business type as the operations in Switzerland.

Appointing Key Personnel: The UK entity must designate an Authorising Officer, Key Contact, and Level 1 User. If based in the UK, the Authorising Officer should appoint settled workers for these roles. If based overseas, they must be the Level 1 User.

Sponsor Licence Rating: Approved licences are rated ‘A’ or ‘Provisional’. An A-rating grants a full CoS allocation. A Provisional rating provides a limited CoS allocation, which can increase once the Authorising Officer is based in the UK.

Duration and Post-Approval Steps for Swiss Companies Expanding into the UK

A successful UK Expansion Worker sponsor licence is valid for 10 years, with no renewal option. Within two years, the Swiss business is expected to establish a UK trading presence and can then add other routes to the licence. Sponsored workers can switch to other routes, including the Skilled Worker route, if they meet the relevant requirements.

How Our UK Immigration Lawyers in Switzerland Can Help

Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss companies based in Switzerland and the UK, including to those considering setting up a branch or subsidiary in the UK.

Our specialist UK immigration lawyers help Swiss employers with a UK presence to obtain and maintain UK sponsor licences for their UK entity, ensuring compliance with sponsor duties. We provide tailored support to Swiss companies expanding into the UK, from documentation advice to drafting business cases and managing the UK sponsor licence application process.

For assistance with your UK Expansion Worker sponsor licence application, contact our business immigration lawyers in Switzerland on +41 21 588 07 70 or complete our enquiry form below. Our specialist UK immigration team offers professional, clear, and reliable immigration advice tailored to meet your business needs.