Extension Of UK Expansion Worker
If you are currently in the UK on a UK Expansion Worker visa, you may apply for an extension of your visa from within the country, provided you meet the maximum assignment duration requirement. The application process for extending the UK Expansion Worker visa follows the guidelines outlined in Appendix Global Business Mobility Routes of the Immigration Rules.
It is important to note that the UK Expansion Worker route does not lead to settlement in the UK, meaning it does not grant Indefinite Leave to Remain (ILR). However, it is possible to transition from the UK Expansion Worker visa to other work visa categories that may eventually lead to ILR.
Aden & Co Solicitors are esteemed UK immigration experts, renowned for delivering exceptional visa and immigration legal services. Our highly qualified and experienced team consistently receives outstanding 5-star ratings from 99% of our clients on Google Reviews, reflecting the quality and success of our work.
Our specialized work visa solicitors in London offer comprehensive legal advice and representation on a fixed-fee basis for those seeking to extend their UK Expansion Worker visa. Whether you have questions or need to book an appointment, our team of expert immigration solicitors is available to assist with your visa extension application from within the UK.
Requirements for Extension of UK Expansion Worker Visa
To apply for the extension of your UK Expansion Worker visa from within the UK, you must fulfill the following requirements, as specified by the Immigration Rules:
Valid Entry Clearance Application
The applicant must submit a valid application for a UK Expansion Worker visa extension, in line with the specifications set forth in Appendix Global Business Mobility Routes of the Immigration Rules.
Valid Certificate of Sponsorship (CoS)
The applicant must possess a certificate of sponsorship issued by their sponsor no more than three months prior to the date of the application.
Age Requirement
The applicant must be 18 years of age or older at the time of the application.
Immigration Status Requirement
The applicant must be in the UK on a valid UK Expansion Worker visa at the time of application.
Point-Based Requirements for UK Expansion Worker Visa
To be eligible for the UK Expansion Worker Visa, an applicant must meet a total of 60 points as per the requirements outlined in the table below. This points-based system ensures that applicants satisfy key criteria for sponsorship, job level, and salary.
| Points Criteria | Relevant Regulations | Points Awarded |
|
Sponsorship |
UKX 5.1. to UKX 5.8. |
20 |
|
Appropriate Skill Level of Job |
UKX 6.1. to UKX 6.6. |
20 |
|
Salary at Required Level |
UKX 7.1. to UKX 9.3. |
20 |
Requirements for Sponsorship as a UK Expansion Worker
To be eligible for sponsorship as a UK Expansion Worker, the applicant must possess a valid certificate of sponsorship that meets the following criteria:
- The certificate must include the applicant’s name, confirmation of their sponsorship as a UK Expansion Worker, job details, salary, allowances (if applicable), and PAYE details if HM Revenue and Customs (HMRC) mandates income tax and national insurance deductions for the sponsored position.
- It must specify the job start date, which should be within three months from the application date.
- The certificate must not have been previously used in an application, whether granted or refused, though it may have been used in an invalid, voided, or withdrawn application.
- The certificate should not have been withdrawn by the sponsor or cancelled by the Home Office.
- It should confirm that the applicant has worked for the sponsor group as per the specified duration under UKX 5.6.(b).
- It must also verify if the Academic Technology Approval Scheme (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 be listed as an A-rated sponsor on the Home Office’s register of licensed sponsors, unless one of the following conditions applies:
- The applicant was previously granted UK Expansion Worker permission and is applying to continue with the same sponsor.
- 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.
The decision maker must ensure that there are no reasonable grounds to suspect that the job the applicant is being sponsored for:
- Does not exist.
- Is fraudulent.
- Has been created solely for the purpose of the applicant’s entry clearance or stay.
The sponsor must select an appropriate occupation code, and the decision maker must be satisfied that the job the applicant is being sponsored for does not constitute:
- Employment by a third party not affiliated with the sponsor, either temporary or permanent.
- Contract work providing ongoing services or fulfilling a routine role for a third party, irrespective of any arrangement between the sponsor and the third party.
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 at least 12 cumulative months, unless they are applying as a high earner or a Japanese national establishing a UK branch or subsidiary under the UK-Japan Comprehensive Economic Partnership Agreement.
The 12-month period of work outside the UK may span any duration, provided:
- The applicant worked continuously for the sponsor, both within and outside the UK, from the beginning of the 12 months to the application date.
- Any breaks in this continuity were only due to reasons such as statutory leave (maternity, paternity, parental, shared parental, adoption, sick leave), or participation in a humanitarian or environmental crisis, as agreed by the sponsor, or involvement in legally organised industrial action.
When all these criteria are met, the applicant will receive 20 points for sponsorship.
Points For Job At Appropriate Skill Level
For a job to be considered at the appropriate skill level, the applicant must be sponsored for a role listed under an eligible occupation code in Appendix Skilled Occupations, which is recognized for the Global Business Mobility routes.
The decision maker must ensure that there are no reasonable grounds to believe 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 suitable occupation code is associated with a higher salary threshold than the proposed salary.
To assist with the evaluation, the decision maker may consider the following factors:
- Whether the sponsor has demonstrated a genuine need for the position as described.
- Whether the applicant possesses the necessary skills, qualifications, and experience required for the role.
- The sponsor’s history of compliance with immigration regulations, including ensuring fair pay for sponsored employees.
- Any additional relevant information provided by the sponsor.
If the ATAS requirement outlined in Appendix ATAS applies, the applicant must submit a valid ATAS certificate.
Provided all the above criteria are met, the applicant will be awarded 20 points for securing a job at the appropriate skill level. However, no points will be granted for the appropriate skill level unless the applicant is also awarded 20 points for sponsorship.
Salary Requirements for a UK Expansion Worker Visa
To qualify for a UK Expansion Worker visa, the applicant’s salary must meet or exceed two key criteria:
- The general salary threshold
- The going rate for the specific job role
The salary calculation under these requirements is based on:
- Guaranteed basic gross pay (before tax), including employee pension contributions and national insurance.
- Allowances that are assured for the duration of the applicant’s employment in the UK. This includes additional payments like London weighting, mobility premiums, or allowances meant to offset the higher cost of living in the UK.
However, allowances specifically for accommodation are only considered if they account for no more than 30% of the total salary package.
The following payments do not contribute to the salary calculation:
- Flexible working arrangements where hours and pay are variable and not guaranteed.
- Additional payments, such as overtime, shift bonuses, or discretionary bonuses, regardless of whether they are guaranteed.
- Employer pension contributions and national insurance contributions.
- Any allowances not listed in the salary guidelines, such as relocation or performance-related pay.
- In-kind benefits like equity shares, health insurance, school fees, company vehicles, or meal allowances.
- One-off payments, such as signing bonuses or ‘golden hellos’.
- Payments related to immigration costs, such as visa fees or the Immigration Health Surcharge.
- Reimbursement for business expenses, such as travel costs, equipment, clothing, or subsistence.
If the salary criteria are satisfied, the applicant will earn 20 points for meeting the required salary level. However, points for salary will only be awarded if the applicant has also received 20 points for sponsorship under UKX 5.8.
Salary Requirements for UK Expansion Worker Visa: A Detailed Guide
When an applicant is being sponsored for a role within one of the occupation codes listed in Table 1 of Appendix Skilled Occupations, the general salary threshold is set at £42,400 annually. For applicants who are assigned to work beyond 48 hours per week, only the salary corresponding to the first 48 hours of work will be factored into the salary requirement.
For instance, if an applicant is employed for 60 hours weekly at a rate of £15 per hour, the annual salary considered for the visa application will be calculated as £37,440 (£15 x 48 hours x 52 weeks), not £46,800 (£15 x 60 hours x 52 weeks).
Going Rate Requirements for UK Expansion Worker Visa
When an applicant is being sponsored for a job listed under an occupation code from Table 1 of Appendix Skilled Occupations, the going rate requirement mandates that they receive 100% of the pro-rated going rate. This rate is computed as follows: 1 x (the going rate for the occupation code in Table 1) x (weekly working hours as stated by the sponsor ÷ 39 hours).
For applicants assigned to roles within the health or education sectors, as listed in Table 2 of Appendix Skilled Occupations, the going rate requirement remains at 100% of the pro-rated rate. The pro-ration is based on the weekly working hours outlined by the sponsor, in accordance with the specifics mentioned in Appendix Skilled Occupations.
It is important to note that when assessing an applicant’s salary against the going rate, the full number of weekly working hours will be considered, even if this exceeds 48 hours. For example, if an applicant works 60 hours per week in an occupation with a going rate of £39,000, the salary requirement would be £60,000 annually (1 x £39,000 x 60 ÷ 39), not £48,000 (1 x £39,000 x 48 ÷ 39).
Financial Requirements for UK Expansion Worker Visa
For applicants seeking permission to stay in the UK who have held valid permission for 12 months or more at the time of their application, no further proof of funds is required to meet the financial criteria.
However, if the applicant is applying for an extension of their UK Expansion Worker visa and has been in the UK for less than 12 months, they must demonstrate that they possess a minimum of £1,270. This amount must be held for a continuous 28-day period, as outlined in Appendix Finance.
Maximum Duration of Assignments for a UK Expansion Worker
Permission granted under the UK Expansion Worker visa must not result in the applicant accumulating a total of more than 5 years of permission within any 6-year period in the Global Business Mobility and Intra-Company routes.
When determining the cumulative length of permission granted, the decision-maker will consider the following:
- All prior periods of permission granted within the Global Business Mobility routes.
- All previous periods of permission within the Intra-Company routes.
- Any potential permission under the current application, starting from the job commencement date specified on the Certificate of Sponsorship.
- If the applicant is seeking permission to remain and has previously held permission under the Global Business Mobility routes, any permission they could be granted under this application, starting from the date of the decision.
- Any periods of permission extended under section 3C of the Immigration Act 1971, covering both the Global Business Mobility and Intra-Company routes.
Suitability Requirements for UK Expansion Worker Visa
The applicant must not fall under the grounds for refusal specified in Part 9 of the Immigration Rules.
If applying for permission to stay, the applicant must meet the following conditions:
- The applicant should not have violated immigration laws, except for any overstaying that falls under paragraph 39E, which will be disregarded.
- The applicant must not be on immigration bail.
Grant Period and Conditions for UK Expansion Worker Visa
The UK Expansion Worker visa will be granted for the shortest duration of the following:
- 1 year from the job start date specified in the Certificate of Sponsorship.
- 14 days after the job end date as outlined in the Certificate of Sponsorship.
- The date when the applicant completes 2 continuous years of permission as a UK Expansion Worker.
- The date when the applicant accumulates 5 years of permission within any 6-year period across the Global Business Mobility routes.
If the applicant is not currently on the Global Business Mobility routes, the permission granted between the decision date and the job start date in the Certificate of Sponsorship will not count toward the cumulative permission for the purpose of determining the grant period, although it will still be included in the total cumulative period.
Grant Conditions:
The UK Expansion Worker visa is subject to the following conditions:
- No access to public funds.
- Permitted work is limited to:
- The job for which the applicant is sponsored.
- Voluntary work.
- Working out a contractual notice period if the applicant was legally employed in that role in the UK at the time of application.
- Study is permitted, subject to the ATAS condition in Appendix ATAS.
Priority or Super Priority Service for UK Expansion Worker Visa Extension
As expert immigration solicitors, Aden & Co Solicitors are registered with the Home Office, UK Visas & Immigration (UKVI), and UKVCAS Sopra Steria to offer Priority or Super Priority Services for the extension of UK Expansion Worker visas. By utilizing the Super Priority Service, your application decision will be made within 24 hours, or within 5 working days if you choose the Priority Service.
Our team at Aden & Co Solicitors can help expedite your visa extension application through these services, ensuring you receive a decision swiftly, avoiding prolonged waiting periods that can extend for months or even years.
How We Can Assist You
At Aden & Co Solicitors, our experienced team of immigration experts offers professional legal advice and representation on a fixed-fee basis for those seeking an extension of their UK Expansion Worker visa. Our transparent fixed fee will encompass all work performed by our immigration solicitors until the Home Office UKVI has made a decision on your extension application. The services provided in relation to your application will include the following:
- Advice on Eligibility Requirements: Our solicitors will thoroughly assess the necessary criteria for your application and provide tailored advice to ensure you meet all the requirements for a successful outcome.
- Guidance on Supporting Documents: We will compile and send you a detailed list of documents to be submitted with your application for the UK Expansion Worker visa extension.
- Document Evaluation: Our team will carefully examine all submitted documents to ensure they comply with the immigration rules, ensuring no delays or complications arise during the decision-making process.
- Completion of Application Forms: Our immigration lawyers will complete the necessary forms for your application for an extension of your UK Expansion Worker visa, ensuring that all information is accurate and thorough.
- Priority and Super Priority Service Submission: Where available, we will submit your online application through the Priority or Super Priority Service to expedite the decision-making process for your visa extension.
- Booking Your Appointment: Following the submission of your online application, we will schedule your biometrics appointment with the relevant application centre.
- Cover Letter Preparation: Our skilled immigration solicitors will draft a detailed cover letter to accompany your application, clearly explaining how your case meets all legal requirements for approval by the Home Office UKVI.
- Uploading Supporting Documents: Before your biometrics appointment, our team will upload all the required supporting documents online for review by UKVI.
- Ongoing Support: Our solicitors will manage all follow-up communications with the Home Office UKVI until a decision is made regarding your visa extension application.
One-Off Legal Services for Immigration Applications
In addition to our full-service immigration package, we also offer a variety of one-off legal services for UK visa and immigration applications. These services are ideal for individuals who prefer assistance with specific aspects of their application process rather than opting for a complete service. Our one-off services include:
Fixed Fee Structure for UK Expansion Worker Visa Applications
- At Aden & Co Solicitors, we offer a transparent fixed fee ranging from £800 to £1,500 (excluding VAT) for handling your UK Expansion Worker visa application or extension. The final fee is determined based on the complexity of the case and the amount of work required for the successful submission of your application.
- Please note, the fixed fee excludes any additional disbursements, such as the UKVI application fees. Applicants are responsible for paying the Home Office UKVI fees separately in addition to the quoted fixed fee for the application process.