Lawyer Monthly - September 2023

operations in the UK so that they can then obtain a Skilled Worker sponsor licence, enabling them to employ overseas nationals. The temporary nature of this type of sponsorship, alongside the fact that it is not a route to indefinite leave to remain (settlement), makes this category a last resort option for experienced entrepreneurs. Are there any significant obstacles to obtaining a visa that such an applicant should be aware of? How can these obstacles be prepared for and overcome? The costs of going through the UK immigration process can be obstructively high for start-ups and newer entrepreneurs. Home Office fees are significantly higher than similar economies and there may on the type of applicant, the route to settlement can consist of a three- or five-year qualifying period of residence in the UK. UK Expansion Worker – This category falls under the umbrella of the Global Business Mobility category, replacing the ‘Overseas Representative of a Business’ category (known as the Sole Representative). The route targets international businesspeople with a successful business overseas and wishing to expand in the UK by setting up a branch or subsidiary and temporarily assigning senior and specialist employees to commence operations. The relevant business must have minimal presence in the UK with no trading activities or operations having yet started. Applicants are required to provide evidence of historical trading overseas and of their intentions for the UK business. This category is treated as a stepping stone for businesses to start THOUGHT LEADER 71 The costs of going through the UK immigration process can be obstructively high for start-ups and newer entrepreneurs.

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