Breaking Down the UK Expansion Worker Visa: Eligibility, Requirements, and More
Tamim Tasdik
Immigration Solicitor | Global Mobility Specialist | Barrister at Law | Human Rights and Asylum Expert.
As an immigration lawyer dealing with corporate clients, I'm frequently approached with questions regarding the latest Global Business Mobility routes. These new pathways have recently replaced the previously established visas, including the Sole Representative and Intra-Company Transfer visas. Despite their benefits, I've noticed that many legal practitioners, both young and experienced, struggle with the intricacies of the new Global Business Mobility routes.
To alleviate this confusion and provide clarity to both clients and fellow lawyers, I've decided to write a series of informative articles on the topic. In this first instalment, I'll be writing about the UK Expansion Worker visa.
As you're reading this, you're likely already aware that the UK Expansion Worker route has taken over the provisions for Sole Representatives in the Representative of an Overseas Business route. This scheme is also part of the UK's new Points-Based System (PBS) that was introduced in 2020.
To put it simply, the UK Expansion Worker visa is designed for overseas workers who are assigned to temporary work in the UK as senior managers or specialised employees to facilitate a business's expansion to the country.
It's important to note that the Global Business Mobility - UK Expansion Worker route is not a pathway to settlement in the UK. However, dependent partners and children may still apply to join their loved ones on this visa. Additionally, please keep in mind that this route can only be utilized when the business has not yet commenced operations in the UK.
While I've labelled this piece as an "article," I aim to create a practice note that accurately captures the requirements for obtaining a UK Expansion Worker visa. I hope that readers seeking to learn about this topic will find this guide informative and easy to understand. Furthermore, my fellow lawyers may utilise this material as a template (or source) for drafting cover letters for their clients' UK Expansion Worker visa applications.
Relevant rules:
Requirements:
The requirements for this visa can be split into 3 parts:
And, all the requirements must be met by an applicant to be granted permission on the Global Business Mobility routes.
Validity requirements
The validity requirements are contacted under para UKX 1.1. to UKX 1.6. of Appendix GBM UK Expansion Worker.?
UKX 1.1: talk about which application form to use if the appellation is made from outside the country and which application form should be used by the applicant applying from inside the country.?
UKX 1.2: Highlights that relevant supplication fees and IHS has to be paid; biometric information must be provided; the passport must be submitted to establish their identity and most crucially a Certificate of Sponsorship (CoS) issued by the sponsor has to be submitted and the CoS cannot be more than 3 months before the date of application.
UKX 1.3: essentially confirms that the applicant has to be at least 18 years old.?
UKX 1.4: this is regarding applicants who have received an award from a Government or international scholarship agency. This paragraph is only applicable to such cases.
UKX 1.5: this paragraph applies to the applicant making an application from within the country. This simply says if the person applying from within the UK cannot be in the UK at the time of the application as a Visitor; as a Short-term Student; or as a Parent of a Child Student; or as a Seasonal Worker; or as Domestic Worker in a Private Household; or outside the Immigration Rules.
UKX 1.6: simply said if the requirements under UKX 1.1. to UKX 1.5 are not met the application should be refused. ?
Suitability requirements for a UK Expansion Worker
UKX 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.?
UKX 2.2. If applying for permission to stay the applicant must not be:
(a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
(b) on immigration bail.
The requirements unfurl UKX 2.1 and UKX 2.2 are relatively straightforward. To make it simpler paragraph 39E essentially refers to the 14 days rule. However, I suggest that you visit the link I provided above for Part 9: grounds for refusal and also paragraph 39E.?
Eligibility requirements?
All the eligibility requirements are encoded under paragraph UKX 3.1. to UKX 11.2. Like other immigration routes this route also has its eligibility requirements segmented into a few parts. I will try to break it down. I believe a table would be most appropriate as it would help the reader to guide through the relevant paragraphs for each requirement.
Nature of the requirements and the relevant rules ?
Entry requirements for a UK Expansion Worker covered in UKX 3.1-UKX 3.2.
Points requirement for a UK Expansion Worker covered in UKX 4..1
Points for Sponsorship covered in UKX 5.1- UKX 5.8.
Points for the job at appropriate skill level covered in UKX 6.1- UKX 6.6.
Points for salary?covered in UKX 7.1 - UKX 7.6.
General salary requirement covered in UKX 8.1 - UKX 8.2.
Going rate requirement covered in UKX 9.1 - UKX 9.3.
Financial requirement?covered in UKX 10.1 - UKX 10.3.
The maximum length of assignments requirement is covered in UKX 11.1 - UKX 11.2.
Entry requirements for a UK Expansion Worker
The rules essentially state that the applicant must obtain an entry clearance before coming to the UK and needs to have a negative TB test report (provided the applicant is from one of the countries listed under Appendix T). So these requirements are straightforward.
Points requirement for a UK Expansion Worker
Paragraph UKX 4.1 essentially gives a breakdown of the total point the applicant needs to score for the application to be granted.?
Sponsorship - 20 points
Job at an appropriate skill level - 20 Points
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Salary at required level - 20 points
Sponsorship [20 points]
The requirements under paragraphs UKX 5.1- UKX 5.3 essentially state that the Certificate of Sponsorship has to be valid, not more than 3 months old, and the sponsor has to be an “A” rated sponsor.?
UKX 5.4 essentially requires the job to be a proper job, not a sham or a made-up job just to facilitate a visa.
UKX 5.5 states that the job must have an appropriate occupation code and the job should not be designed to hire the applicant for a third party who is not the sponsor to fill a position with that party, whether temporary or permanent.
UKX 5.6?a UK Expansion Worker must be currently working for the sponsor group; and have worked outside the UK for the sponsor group for a cumulative period of at least 12 months, unless the applicant is either applying as a high earner (earning over ￡73,900). UKX 5.7 just provides further explanation as to any leave the person might have within the last 12 months and exceptions.?
UKX 5.8 simply confirms if the apple above requirements are met the applicant will be awarded 20 points.
job at appropriate skill level [20 points]
UKX 6.1 states something very crucial which is unlike other skilled worker visas you may have dealt with. It clearly states that the applicant must be sponsored for a job in an occupation code listed in Appendix Skilled Occupations that are identified as eligible for the Global Business Mobility routes.?
The set of eligible codes is known as Global Business Mobility: eligible occupations and codes.
UKX 6.2? simply states that the caseworker must ensure a less appropriate code has not been selected because the most appropriate code for the job would not be an eligible code or would attar ache a higher-going rate.
UKX 6.3 just provides further guidance to the decision-maker to consider whether this is a genuine job role, whether the applicant has appropriate skills and qualifications, the previous history of the parties etc.?
Salary [20 points]
UKX 7.1 simply states that the salary for the job must be equal to or exceed both: the general salary requirement in UKX 8.1 and UKX 8.2; and the going rate requirement in UKX 9.1. to UKX 9.3.?
UKX 7.2 states the salary must meet the requirements of guaranteed basic gross pay or allowances which are guaranteed to be paid for the duration of the applicant’s employment in the UK
UKX 7.3 confirms that if an allowance is given for the accommodation it will only be taken into account up to a value of 30% of the total salary package.
UKX 7.4 lists the other pay and benefits which will not be counted toward the salary.
UKX 7.5 simply states if UKX 7.1 to 7.4 are net 20 points will be awarded and UKX 7.6 confirms that to be granted 20 points under salary, the applicant must have to secure the 20 points under the sponsorship (see above UKX 5.8).
General salary requirement for a UK Expansion Worker
UKX 8.1. If the applicant is being sponsored for a job in one of the occupation codes listed in Table 1 of Appendix Skilled Occupations, the general salary requirement is ￡42,400 per year.
UKX 8.2. If the applicant is being sponsored to work more than 48 hours a week, only the salary for the first 48 hours a week will be considered towards the general salary requirement.
For example, an applicant who works 60 hours a week for ￡15 per hour will be considered to have a salary of ￡37,440 (￡15 x 48 x 52) per year and not ￡46,800 (￡15 x 60 x 52).
Going rate requirement for a UK Expansion Worker
UKX 9.1. If the applicant is being sponsored for a job in one of the occupation codes listed in Table 1 of Appendix Skilled Occupations, the going rate requirement is 100% of the pro-rated going rate, which will be calculated as follows:
1 x (the going rate for the occupation code stated in Table 1 of Appendix Skilled Occupations) x (the number of weekly working hours stated by the sponsor ÷ 39).
*Going rates in Table 1 are per year and based on a 39-hour working week. They must be pro-rated for other working patterns, based on the weekly working hours stated by the applicant’s sponsor.
UKX 9.2. If the applicant is being sponsored for a job in one of the health or education occupation codes listed in Table 2 of Appendix Skilled Occupations, the going rate requirement is 100% of the pro-rated going rate
Financial requirement for a UK Expansion Worker
UKX 10.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
UKX 10.2. If the applicant is applying for entry clearance or has been living in the UK for less than 12 months, the applicant must have funds of at least ￡1,270.
UKX 10.3. The applicant must show that they have held the level of funds required by UKX 10.2. for 28 days and as set out in Appendix Finance.
The maximum length of assignments required for a UK Expansion Worker
UKX 11.1. The grant of permission must not lead to the applicant being granted cumulative periods of permission in the Global Business Mobility routes and Intra-Company routes totalling more than 5 years in any 6 years.
note*A UK Expansion Worker?can come to the UK?for up to one year initially, with the option to extend their stay by up to a further year. Two years is the maximum continuous period a person can stay in the UK on this route.
Dependent Partner (partner”) and dependent child (“child”) of a UK Expansion Worker
The requirements for a dependent partner and child are not very complex. I suggest that you through paragraphs UKX14.1- UKX 23.2. These rules cover all the aspects of the requirements. ?
Some concluding points
UK Expansion Worker Visa applicants do not need to satisfy an English language requirement.
Global Business Mobility – UK Expansion Worker Visa?holders are permitted to work for their sponsor in the job described on their Certificate of Sponsorship.?They may also undertake a course of study and voluntary work.?Access to public funds is not permitted.