The UK Expansion Worker visa, which falls under the GBM (Global Business Mobility) route, enables a genuine overseas business that is already trading outside the UK to establish a commercial presence in the UK by temporarily assigning either a senior manager or specialist employee to set up and develop a first UK branch or subsidiary.

For the UK Expansion Worker route, the overseas business must have a genuine trading presence and genuinely intend to establish one in the UK. The UK business must also be linked to the overseas business through common ownership or control.

The expansion plans must also be credible: the business should be able to show that it genuinely plans and is able to establish a trading presence in the UK within two years.

In this blog, we explain what evidence is required to prove that the overseas business that is looking to set up its first UK branch or subsidiary is genuine.

What counts as an overseas business?

The overseas business must be currently active and trading outside the UK and normally have been active and trading overseas for 3 or more years prior to the sponsor licence application. There are exceptions for certain types of businesses.

For the Expansion Worker route, “trading” means carrying out business or professional activity, such as buying, producing or selling goods with the intention of making a profit or surplus, or providing services.

What is the overseas trading presence requirement?

The overseas trading presence requirement is a requirement for the UK business applying for a sponsor licence under the UK Expansion Worker route.

In simple terms, the Home Office wants to make sure that the overseas company trying to expand into the UK is a real, established business that is genuinely operating and trading outside the UK, rather than a newly created or investment-only company.

The overseas business expanding to the UK must:

• be currently active and trading overseas; and

• have been active and trading overseas for 3 or more years prior to the date of application (exceptions to this requirement apply for certain types of business)

To be considered to be ‘trading’ for this visa, the overseas business must be actively doing business to make a profit or surplus, or actively providing services. Merely owning investments or existing on paper is not enough. 

Businesses whose primary activity is holding investments, including venture capital firms, are not considered to be “trading” for this route if they do not actively provide goods or services to customers. Investment-only businesses are therefore not eligible for a UK Expansion Worker sponsor licence.

Evidence must be provided to show that the overseas business has been trading throughout the 12-month period immediately prior to the sponsor licence application (for example, corporate bank statements covering the entire period). You must also give evidence showing your business was trading at the beginning of the 3-year period prior to the date of application and was actively trading throughout that 3-year period (for example, audited accounts). The Sponsor Guidance - Appendix A contains a detailed list of documents you can provide.

The Home Office caseworker has the right to ask for more documents/information if they are not satisfied that the evidence submitted by you with your UK Expansion Worker sponsor licence application shows you meet this requirement.

Evidence needed to prove the overseas business is genuine

You must normally supply evidence showing that your overseas business:

• was actively trading at the beginning of the 3-year period prior to the UK Expansion Worker sponsor licence application; for example, if the application is made on 1 September 2026, the relevant three-year period starts around 1 September 2023; and

• has continued to trade during the entire three-year period. This requirement is about continuous trading activity, not simply having traded at some point during the last three years; and

• has been trading throughout the 12-month period immediately prior to the UK Expansion Worker sponsor licence application; for example, if the application is made on 1 September 2026, the Home Office wants evidence covering the 12 months immediately before the application.

You must submit all of the following:

• business/corporate bank statements covering a period of 12 or more months prior to the date of application – the bank whose statement you are providing must be regulated by the relevant financial regulator in the country of its operation. 

• certified business accounts or annual reports (these must be audited if required by the relevant laws in the jurisdiction in which your overseas business is based) covering a period of 3 or more years prior to the date of your application  

• evidence of the registration of your business with the relevant authority in the country where it operates (government department, company registrar, tax authority, or other official body responsible for registering businesses in that country). Some countries or certain types of businesses may not have a formal process for registering a business with a government authority. If that is the case, you do not need to provide a registration certificate that does not exist.

Instead, you should explain this clearly in a covering email or letter accompanying the sponsor licence application.

• Articles of Association (the company's internal rules that explain how the company is run and governed) for your overseas business (or a different but equivalent constitutional document that performs the same legal function under the laws of the country of operation)

• Memorandum of Association (another constitutional document of a company that establishes the company's formation and its relationship with its members/shareholders) for your overseas business (or different but equivalent constitutional document that performs the same legal function under the laws of the country of operation)

Either Of the following

• Copies of goods or services contracts covering a period of 12 months or more prior to the date of application – these copies of contracts must provide details of the overseas business providing the goods or services and the customer receiving those goods or services. 

• Advertising evidence for goods or services provided by your overseas business (for example advertisements on websites, online advertising, brochures, business directories, promotional material), including any invoices or contracts with third parties (for example an advertising agency) for producing or placing your advertising material

• If there is a website for your linked overseas business, the website address of that business. Having a website does not by itself prove that the business is trading. A website can support the application, but it is not a substitute for proper evidence of actual business activity.

You must also, for the purpose of UK Expansion Worker route, send evidence under each of the following headings:

• proof of your UK ‘footprint’

• evidence you have a qualifying link to an overseas business

• evidence of your planned expansion to the UK

How can Visa and Migration Ltd. Help?

We can help your business to identify, organize, and explain evidence that shows your overseas business is genuine and actively trading. 

We can:

• Assess if your overseas business meets the trading requirement

• Prepare an evidence checklist, e.g., corporate or business bank statements for at least the last 12 months, certified business accounts or annual reports for at least 3 years, and business registration evidence

• Verify that the evidence actually covers the required periods (3-year history and most recent 12 months)

• Highlight any gaps or inconsistencies prior to submission

• Review your business plan and UK expansion evidence

For a quick consultation and expert advice relating to the UK Expansion Worker visa sponsor licence and proving your overseas business is genuine, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com