Points for Sponsorship as a UK Expansion Worker
To qualify for sponsorship as a UK Expansion Worker, the applicant must provide a valid certificate of sponsorship, which must meet the following conditions:

• Applicant Information: The certificate must confirm the applicant’s name and clearly state that they are being sponsored as a UK Expansion Worker. Additionally, it should provide details of the job, including the salary, any allowances offered by the sponsor, and PAYE information if HM Revenue and Customs (HMRC) mandates income tax and national insurance payments through PAYE.
• Job Start Date: The certificate must specify the job’s start date, which cannot exceed three months from the date of application.
• Previous Usage: The certificate must not have been used in a prior application, whether granted or refused. It may, however, have been used in a previous application that was rejected as invalid, made void, or withdrawn.
• Withdrawn or Cancelled Certificates: The certificate must not have been withdrawn by the sponsor or cancelled by the Home Office.
• Sponsor Group Employment: It must confirm that the applicant has worked for the sponsor group for the required period as stated in UKX 5.6.(b).
• Academic Technology Approval Scheme (ATAS): The certificate must indicate whether the ATAS requirement in Appendix ATAS applies to the applicant.

The sponsor must be authorised by the Home Office to sponsor a UK Expansion Worker and must be listed as A-rated on the Home Office’s register of licensed sponsors, unless the following applies:

• The applicant is applying to continue working with the same sponsor as in their previous UK Expansion Worker permission; or
• The applicant holds the role of authorising officer on the sponsor’s licence, and the sponsor has a provisional rating on the Home Office’s register of licensed sponsors.

The Home Office decision-maker must have no reasonable grounds to believe that the job being offered to the applicant:

• Does not exist;
• Is a sham;
• Has been created mainly for the purpose of allowing the applicant to apply for entry clearance or permission to stay.

The sponsor must choose an appropriate occupation code, and the decision-maker must not believe that the role the applicant is being sponsored for:

• Involves hiring the applicant to fill a position with a third party (who is not the sponsor), whether on a temporary or permanent basis;
• Involves contract work for a third party that is not the sponsor, to undertake a routine ongoing role or service.

Applicant Requirements for a UK Expansion Worker
To qualify as a UK Expansion Worker, the applicant must:

• Be currently employed by the sponsor group;
• 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; or
  • A Japanese national seeking to establish a UK branch or subsidiary under the UK-Japan Comprehensive Economic Partnership Agreement.

The 12-month work period can be accumulated over any timeframe, provided:

• The applicant has been continuously employed by the sponsor group, whether in or outside the UK, from the start of the 12 months to the application date.
• Any breaks in the continuous employment were due to the following reasons:
  • Statutory maternity, paternity, parental, or shared parental leave;
  • Statutory adoption leave;
  • Sick leave;
  • Assisting in national or international humanitarian or environmental crises, with sponsor group agreement; or
  • Participation in legally organised industrial action.

If the applicant meets all the above criteria, they will be awarded 20 points for sponsorship.

Job Eligibility Criteria for the Appropriate Skill Level – Aden & Co Solicitors

To qualify for the Global Business Mobility routes, the applicant must be sponsored for a position under an occupation code listed in Appendix Skilled Occupations, which is deemed eligible for these specific routes.

The decision-maker must not have reasonable grounds to believe that the sponsor has selected an inappropriate occupation code for any of the following reasons:

• The most suitable occupation code is not eligible under the Global Business Mobility routes.
• The most fitting occupation code entails a higher salary rate than the one offered to the applicant.

In evaluating the application, the decision-maker will particularly consider:

• Whether the sponsor has demonstrated a genuine requirement for the position described.
• Whether the applicant possesses the necessary skills, qualifications, and experience for the role.
• The sponsor’s compliance history with the immigration system, including proper payment of its sponsored employees.
• Any additional supporting information from the sponsor.

If the ATAS requirement, as specified in Appendix ATAS, applies, the applicant must submit a valid ATAS certificate.

Upon meeting these criteria, the applicant will earn 20 points for a position at the appropriate skill level. However, no points will be awarded for a job at the proper skill level unless the applicant is also granted 20 points for sponsorship.

Salary Requirements for a UK Expansion Worker Sponsorship

When applying for a UK Expansion Worker visa, the salary for the sponsored position must meet or exceed both the general salary requirement and the going rate requirement.

The salary criteria include:

• Guaranteed basic gross pay (before income tax and inclusive of employee pension and national insurance contributions).
• Allowances that are guaranteed for the full duration of the applicant’s employment in the UK. These may include payments such as London weighting or mobility premiums, as well as allowances to cover the increased cost of living in the UK.

However, allowances that are intended solely for accommodation purposes will only count towards the salary if they do not exceed 30% of the total salary package.

Excluded from the salary requirements are:

• Flexible working arrangements where work hours fluctuate and pay is not guaranteed.
• Additional pay such as shift allowances, overtime, or bonuses, whether guaranteed or not.
• Contributions made by the employer towards pension schemes or national insurance.
• Any allowances not specifically mentioned in UKX 7.2(b).
• In-kind benefits such as equity shares, health insurance, school or university fees, company cars, or meals.
• One-off payments such as “golden hellos”.
• Payments related to immigration costs, such as visa fees or the Immigration Health Surcharge.
• Business expenses, including but not limited to travel to and from the applicant’s home country, equipment, clothing, and subsistence.

If these requirements are satisfied, the applicant will earn 20 points for meeting the salary level. However, no points will be awarded for salary unless the applicant also qualifies for 20 points for sponsorship as per UKX 5.8.

General Salary Requirement for the UK Expansion Worker Visa

For individuals sponsored for positions under specific occupation codes listed in Table 1 of the Appendix Skilled Occupations, the standard salary threshold is £42,400 per year. It’s important to note that if the applicant is expected to work more than 48 hours a week, only the salary for the first 48 hours will be counted towards the general salary requirement.

For instance, an individual working 60 hours per week at a rate of £15 per hour would be considered to have an annual salary of £37,440 (£15 x 48 hours x 52 weeks), rather than £46,800 (£15 x 60 hours x 52 weeks).

Going Rate Requirement for the UK Expansion Worker Visa

When sponsoring an applicant for a job under the occupation codes listed in Table 1 of the Appendix Skilled Occupations, the going rate requirement must meet 100% of the pro-rated going rate. This calculation is determined as follows: 1 x (the going rate for the relevant occupation code as stated in Table 1 of Appendix Skilled Occupations) x (the weekly working hours specified by the sponsor ÷ 39).

For applicants being sponsored for positions in the health or education sectors listed in Table 2 of the Appendix Skilled Occupations, the same pro-rated going rate requirement applies. This rate is calculated based on the applicant’s weekly working hours, according to the pro-rating methodology detailed in Appendix Skilled Occupations.

Even if the applicant works beyond the 48-hour weekly threshold, their full weekly hours will be used when comparing their salary against the required going rate. For example, if an applicant works 60 hours a week in a job with a standard going rate of £39,000, their annual salary must reflect £60,000 (1 x £39,000 x 60 ÷ 39), not £48,000 (1 x £39,000 x 48 ÷ 39).

Financial Requirements for the UK Expansion Worker Visa

Applicants applying for permission to remain in the UK for an Expansion Worker visa who have already resided in the UK for 12 months or more with permission will automatically satisfy the financial requirements. As such, they will not be required to provide proof of funds.

For those seeking to switch to the UK Expansion Worker visa and have resided in the UK for less than 12 months, a minimum fund of £1,270 is required. Applicants must demonstrate that these funds have been held for a continuous 28-day period, as specified in Appendix Finance.

Maximum Duration for UK Expansion Worker Assignments

The UK Expansion Worker visa permission is subject to a restriction on the cumulative total of time spent on the Global Business Mobility and Intra-Company routes. The applicant’s total duration under these routes cannot exceed 5 years within any 6-year period.

In determining the cumulative duration, the Home Office will consider:

• All prior permissions granted under the Global Business Mobility routes.
• Any previous permissions under the Intra-Company routes.
• If the applicant is not currently on a Global Business Mobility route, the total time that could be granted under the new application, starting from the job’s commencement date specified in the Certificate of Sponsorship.
• If the applicant is applying to extend their stay and has previously held permission under the Global Business Mobility routes, the time granted under this application will begin from the date of the decision.
• Any extensions of permission granted under Section 3C of the Immigration Act 1971 for Global Business Mobility or Intra-Company routes.

Suitability Criteria for UK Expansion Worker Visa

To qualify for a UK Expansion Worker visa, applicants must ensure they do not fall under the refusal grounds listed in Part 9. Specifically, applicants must not meet any conditions that would lead to refusal based on non-compliance with immigration laws, except where paragraph 39E applies, which allows for the disregard of overstaying periods. Additionally, applicants must not be on immigration bail.

Duration and Conditions of Grant

The UK Expansion Worker visa will be issued for the shortest period defined by any of the following:

• 1 year from the job start date as stated in the Certificate of Sponsorship;
• 14 days after the end date of the job as per the Certificate of Sponsorship;
• The date when the applicant reaches 2 years of continuous permission as a UK Expansion Worker;
• The date when the applicant reaches 5 years of cumulative permission across the Global Business Mobility routes within any 6-year period.

If the applicant is not currently under the Global Business Mobility routes, the permission granted for the period between the decision date and the job start date outlined in the Certificate of Sponsorship will not count towards the cumulative permission total. However, it will still be considered in the overall length of stay.

Visa Conditions

The visa grant will be subject to the following conditions:

• No entitlement to public funds.
• The applicant may only engage in the following types of work:
  • The job specified in the Certificate of Sponsorship.
  • Voluntary work.
  • Serving a contractual notice period if the applicant was legally employed in that job in the UK at the time of application.
• Study is allowed under the condition specified in Appendix ATAS.

Switch to UK Expansion Worker Visa with Priority or Super Priority Service

At Aden & Co Solicitors, our expert team of work visa specialists, based in London, is registered with the Home Office, UK Visas & Immigration (UKVI), and its commercial partners, UKVCAS Sopra Steria. We offer the Priority and Super Priority Services for switching to the UK Expansion Worker Visa. With these services, your UK Expansion Worker Visa application can receive a decision within just 24 hours through the Super Priority Service or within 5 working days with the Priority Service.

Our skilled work visa solicitors can expedite the process of preparing and submitting your application, ensuring a faster decision through these fast-track services. This way, you avoid the lengthy waiting times often associated with standard UK visa applications, which can take months or even years to process.

One-Off Service for Submitting Your Application via Priority/Super Priority Service

Our dedicated team of fast-track immigration solicitors offers a one-off service to submit your completed UK visa and immigration application through the Priority or Super Priority Service. This ensures you receive a quicker decision on your visa application.

We operate under a “No Submission, No Fee” policy. If we are unable to submit your application via the Priority or Super Priority Service within 48 hours of payment, we will fully refund the fees paid, without any deductions.

Under a Conditional Fee Agreement (CFA), if we successfully submit your application within the agreed 48-hour window, a fixed fee of £250 + VAT (£300 including VAT) will apply. This agreement ensures transparency and peace of mind throughout the process.

How Can Aden & Co Solicitors Assist You?

Our dedicated team of immigration solicitors offers expert guidance and legal representation for your application to switch to the UK Expansion Worker visa, all for a fixed fee. The comprehensive fixed fee covers all aspects of our services, ensuring that we manage your immigration case until the Home Office UKVI makes a decision. Here’s a breakdown of the services provided by our skilled immigration solicitors:

• Expert Advice on Visa Requirements: Our immigration solicitors will provide clear, actionable advice on the specific criteria you must meet to ensure the success of your visa application.
• Document Guidance: We will provide a thorough list of necessary supporting documents for your UK Expansion Worker visa application. This list will be sent to you via email, ensuring you are fully prepared.
• Document Assessment: Our team will meticulously review your submitted documents to ensure compliance with UK immigration rules, ensuring your application meets all necessary legal requirements.
• Completion of Application Form: Our experienced solicitors will handle the completion of the required application form for your visa switch to the UK Expansion Worker route, minimizing errors and delays.
• Priority and Super Priority Services: Where applicable, we will submit your application via the Priority or Super Priority service to expedite the processing time and accelerate the decision on your UK Expansion Worker visa application.
• Appointment Scheduling: After the online submission, we will arrange your biometrics appointment at the application center, ensuring that you meet all the procedural requirements without unnecessary delays.
• Detailed Cover Letter: Our expert immigration solicitors will draft a comprehensive cover letter that outlines how your application satisfies the Home Office UKVI’s legal requirements for visa approval.
• Document Upload: Prior to your biometrics appointment, we will ensure that all supporting documents are uploaded to the UKVI portal, ensuring that everything is in order for review.
• Follow-Up Services: Our immigration solicitors will manage all follow-up tasks and communications with the Home Office UKVI until a final decision is made on your UK Expansion Worker visa application.

Exclusive One-Time Legal Services for UK Immigration Applications

Aden & Co Solicitors offer a comprehensive suite of one-off legal services tailored to meet the specific needs of individuals navigating UK visa and immigration processes. Our expert immigration solicitors are ready to assist those who prefer not to engage in our full-service package but still require professional support for their applications. Below are the one-time services available to streamline your immigration journey: