Entry Clearance For UK Expansion Worker Visa
Apply for a UK Expansion Worker Visa with Aden & Co Solicitors
Are you a senior manager or specialist employee planning to establish a branch of your overseas business in the UK? The UK Expansion Worker Visa enables professionals to temporarily work in the UK to facilitate their company’s growth into this market. To qualify, you must already be employed by the overseas business as a senior manager or specialist employee, and the business must not yet be trading in the UK. Applications for this visa must comply with the criteria outlined in Appendix Global Business Mobility Routes of the Immigration Rules.
It’s important to note that the UK Expansion Worker Visa does not lead directly to settlement(Indefinite Leave to Remain). However, you can switch to other work visa categories within the UK, which may offer a pathway to settlement.
This visa is exclusively for businesses not yet operational in the UK. If your company is already trading, you should consider applying under the Senior or Specialist Worker route. Additionally, dependent partners and children can apply to join you in the UK under the dependant visa category.
At Aden & Co Solicitors, we specialize in UK immigration matters, offering top-tier legal advice and representation for UK visa applications. With a track record of 5-star Google Reviews from 99% of our clients, our team of experienced immigration solicitors is dedicated to delivering excellence.
We provide expert guidance on UK Expansion Worker visa applications on a fixed-fee basis. You can consult our team for free online immigration advice or schedule an appointment with one of our expert solicitors to ensure your application is handled with precision and care.
Eligibility Criteria for the UK Expansion Worker Visa
If you are seeking a UK Expansion Worker Visa from outside the United Kingdom, you must fulfill the following requirements as outlined in the Immigration Rules. Aden & Co Solicitors are here to assist you every step of the way.
Submission of a Valid Entry Clearance Application
Your application must comply with the guidelines specified in Appendix Global Business Mobility Routes of the Immigration Rules. Adherence to these standards ensures your application is deemed valid for processing.
Possession of a Valid Certificate of Sponsorship (CoS)
You are required to provide a Certificate of Sponsorship issued by your UK-based sponsor. This document must be dated within three months of your visa application submission to remain valid.
Meeting the Age Requirement
Applicants must be at least 18 years old on the date of submitting their application.
Providing Written Consent from Relevant Authorities
If you have been the recipient of funding covering tuition and living expenses from a government or international scholarship agency within the 12 months preceding your application, you must submit a written consent letter from the funding body to support your visa request.
Comprehensive Guide to UK Expansion Worker Visa Points Requirements
Applicants seeking a UK Expansion Worker visa must accumulate 60 points, as outlined in the following criteria:
| Criteria | Relevant Regulations | Points Allocated |
|
Sponsorship |
UKX 5.1 to UKX 5.8 |
20 |
|
Job at an Appropriate Skill Level |
UKX 6.1 to UKX 6.6 |
20 |
|
Salary Meeting Required Threshold |
UKX 7.1 to UKX 9.3 |
20 |
Comprehensive Guide to Securing Sponsorship Points for UK Expansion Worker Visa
To qualify as a UK Expansion Worker, applicants must ensure their Certificate of Sponsorship (CoS) meets stringent criteria outlined by Aden & Co Solicitors. A valid CoS must:
Detail the Job Role and Sponsorship Information
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- Clearly state the applicant’s name, designation as a UK Expansion Worker, and job details including salary, allowances (if applicable), and PAYE information if HMRC mandates income tax and National Insurance deductions through PAYE.
- Include a start date that is no more than three months from the application submission date.
- Not have been used in a prior application that was either approved or refused but can be reused if the previous application was deemed invalid, void, or withdrawn.
- Remain active without being withdrawn by the sponsor or canceled by the Home Office.
Confirm Work History with the Sponsor Group
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- Verify that the applicant has completed the required tenure working for the sponsor group as stipulated in UKX 5.6.(b).
- Indicate whether the Academic Technology Approval Scheme (ATAS) under Appendix ATAS is applicable.
Sponsor’s Authorization and Compliance
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- The sponsor must hold Home Office authorization to employ UK Expansion Workers and maintain an A-rated status on the Home Office’s licensed sponsor register unless:
- The applicant is continuing employment with the same sponsor under a previous UK Expansion Worker visa.
- The applicant is the sponsor’s authorizing officer and the sponsor holds a provisional rating.
- The sponsor must hold Home Office authorization to employ UK Expansion Workers and maintain an A-rated status on the Home Office’s licensed sponsor register unless:
Job Role Authenticity
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- The decision maker must not have reasonable grounds to suspect the job is fictitious, non-existent, or created primarily to secure immigration permission.
Appropriate Occupation Code
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- Sponsors must select an appropriate occupation code. The job must not involve:
- Hiring the applicant to a third party for any role.
- Contractual work that constitutes an ongoing routine task or service for a third party.
- Sponsors must select an appropriate occupation code. The job must not involve:
Work Tenure Outside the UK
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- Applicants must currently work for the sponsor group and have accumulated at least 12 months of work experience outside the UK unless:
- They are classified as high earners.
- They are Japanese nationals establishing a UK branch or subsidiary under the UK-Japan Comprehensive Economic Partnership Agreement.
- The 12-month period can span multiple intervals, provided continuous employment with the sponsor group was maintained. Breaks are permissible for reasons such as:
- Statutory maternity, paternity, adoption, or parental leave.
- Sick leave.
- Engagement in humanitarian or environmental crisis efforts approved by the sponsor group.
- Participation in legally organized industrial action.
- Applicants must currently work for the sponsor group and have accumulated at least 12 months of work experience outside the UK unless:
Award of Sponsorship Points
Meeting all the above requirements will secure 20 points for sponsorship under the UK Expansion Worker category, a critical step toward visa approval.
Criteria for Securing Points for a Job at the Appropriate Skill Level
Applicants must be sponsored for a role within an occupation code listed in Appendix Skilled Occupations, deemed eligible under the Global Business Mobility routes. Aden & Co Solicitors can assist in ensuring compliance with these critical criteria.
The decision-maker must not have valid grounds to suspect the sponsor has selected an unsuitable occupation code for reasons such as:
- The most appropriate occupation code is ineligible under the Global Business Mobility routes; or
- The most appropriate occupation code carries a higher going rate than the proposed salary.
To determine eligibility, the decision-maker may evaluate the following:
- Whether the sponsor demonstrates a genuine need for the specified role;
- Whether the applicant possesses the necessary skills, qualifications, and experience to perform the job;
- The sponsor’s history of adherence to immigration regulations, including appropriately compensating sponsored employees;
- Additional evidence provided by the sponsor.
If the ATAS requirement outlined in Appendix ATAS applies, the applicant must submit a valid ATAS certificate.
Once these conditions are satisfied, the applicant will be awarded 20 points for a job at the appropriate skill level. However, these points will not be granted unless the applicant is also eligible for 20 sponsorship points.
Comprehensive Guide to Salary Criteria for UK Expansion Workers – Aden & Co Solicitors
To qualify as a UK Expansion Worker, applicants must meet specific salary benchmarks, ensuring their remuneration aligns with both:
- The General Salary Threshold: A minimum salary level determined for all eligible roles.
- The Role-Specific Going Rate: A tailored requirement reflecting the standard pay for the specific job.
Eligible Components of Salary
Under these criteria, only the following are considered part of the qualifying salary:
- Guaranteed Basic Gross Pay: Salary before deductions such as income tax and inclusive of employee pension and national insurance contributions.
- Certain Allowances:
- Payments guaranteed throughout the employment period in the UK, such as London weighting.
- Mobility premiums or compensation for higher living costs within the UK.
Note: Allowances exclusively for accommodation are capped at 30% of the total salary package.
Non-Qualifying Salary Elements
The following do not count toward the qualifying salary threshold:
- Flexible pay arrangements where hours or pay fluctuate.
- Additional compensation such as overtime, bonuses, or shift differentials, even if guaranteed.
- Employer contributions to pensions or national insurance.
- Any allowances not explicitly mentioned in the UKX 7.2(b) provisions.
- In-kind benefits like equity shares, health coverage, school or university fees, company-provided vehicles, or meals.
- One-time payments, including incentives like “golden hellos.”
- Immigration-related fees, such as visa application costs or the Immigration Health Surcharge.
- Business expense reimbursements for travel, equipment, clothing, or subsistence costs.
Scoring Points for Salary
Applicants meeting these salary conditions will be awarded 20 points for salary eligibility. However, these points are contingent upon also securing 20 points for sponsorship under UKX 5.8. Failure to meet both criteria will result in no points being awarded for salary.
General Salary Criteria for UK Expansion Worker Visa
Applicants being sponsored for roles specified in Table 1 of Appendix Skilled Occupations must meet a minimum annual salary requirement of £42,400. However, if the sponsored role involves more than 48 hours per week, only the salary for the initial 48 hours is taken into account.
For instance, an applicant working 60 hours per week at £15 per hour will have an annual salary calculated as £37,440 (£15 x 48 x 52 weeks), not £46,800 (£15 x 60 x 52 weeks).
Going Rate Criteria for UK Expansion Worker Visa
For applicants in roles outlined under Table 1 of Appendix Skilled Occupations, the salary must meet 100% of the pro-rated going rate, calculated using this formula:
1×(statedgoingratefortherole)×(weekly working hours stated by the sponsor÷39)1 \times (stated going rate for the role) \times \left(\text{weekly working hours stated by the sponsor} \div 39 \right)1×(statedgoingratefortherole)×(weekly working hours stated by the sponsor÷39)
For applicants in health or education roles listed in Table 2 of Appendix Skilled Occupations, the same 100% pro-rated going rate applies. However, the weekly hours are pro-rated as per the guidelines provided in Appendix Skilled Occupations.
When assessing the going rate, the applicant’s full weekly working hours will be considered, even if they exceed 48 hours. For example, an applicant working 60 hours weekly in a job with a going rate of £39,000 must earn a minimum of £60,000 annually 1×£39,000×(60÷39)1 \times £39,000 \times \left(60 \div 39 \right)1×£39,000×(60÷39), rather than £48,000 1×£39,000×(48÷39)1 \times £39,000 \times \left(48 \div 39 \right)1×£39,000×(48÷39).
Financial Requirement for the UK Expansion Worker Visa
Applicants seeking entry clearance under the UK Expansion Worker visa category must demonstrate financial readiness. This includes maintaining a minimum balance of £1,270 in their account for at least 28 consecutive days, as specified under Appendix Finance of the UK Immigration Rules. Proper documentation is essential to prove compliance with this financial requirement.
Maximum Assignment Duration for UK Expansion Worker Visa
The UK Expansion Worker visa imposes strict limits on the cumulative duration of permissions granted. Applicants cannot exceed a combined total of 5 years across any 6-year period when holding permissions under the Global Business Mobility (GBM) routes and the Intra-Company routes.
To assess compliance, decision-makers will calculate cumulative permissions by considering:
- All previous permissions granted under the GBM routes.
- All permissions previously held under the Intra-Company routes.
- Potential permissions granted under the current application, calculated from the job’s start date as specified on the Certificate of Sponsorship.
- For in-country applications, permissions commencing from the decision date if the applicant is transitioning within GBM routes.
- Any permissions extended under Section 3C of the Immigration Act 1971 while on either GBM or Intra-Company routes.
Refusal Grounds for Suitability
To meet the suitability criteria, the applicant must not trigger any refusal conditions as outlined in Part 9: Grounds for Refusal.
Tuberculosis Screening Requirement
Applicants seeking entry clearance as a UK Expansion Worker must comply with paragraph A39 and Appendix T of the Immigration Rules, where applicable. They are required to submit a valid medical certificate confirming that they have been screened for active pulmonary tuberculosis and are free from the disease.
UK Expansion Worker Visa: Grant Period and Conditions
The UK Expansion Worker visa is granted for the shortest of the following periods:
- One year from the job start date specified in the Certificate of Sponsorship (CoS).
- 14 days after the end date of the job outlined in the CoS.
- The date when the applicant reaches a total of two years of continuous permission as a UK Expansion Worker.
- The date when the applicant accumulates five years of permission under the Global Business Mobility routes within any six-year period.
If the applicant does not currently hold permission within the Global Business Mobility routes, any permission granted between the decision date and the job start date specified in the CoS will not be included in the cumulative permission for calculating the total period of grant, although it will contribute to the cumulative period.
Conditions of Grant
The grant of a UK Expansion Worker visa is subject to the following conditions:
- No access to public funds.
- The applicant may only undertake the following work:
- The specific job outlined in the Certificate of Sponsorship.
- Voluntary work.
- Fulfilling a contractual notice period, provided the applicant was lawfully employed in that job in the UK on the application date.
- Study is allowed, subject to the ATAS condition outlined in Appendix ATAS.
Priority Service for UK Expansion Worker Visa Entry Clearance – Aden & Co Solicitors
At Aden & Co Solicitors, a renowned team of UK-based immigration experts, we offer both Priority and Super Priority Services to accelerate the UK Expansion Worker visa entry clearance process. By opting for our services, your application will be expedited, ensuring faster decisions from the Entry Clearance Officer (ECO). Applications submitted through the Super Priority Service are typically processed within 24 hours, while those through Priority Service usually receive a decision within 5 working days.
Our experienced work visa solicitors are adept at preparing and submitting your UK Expansion Worker visa entry clearance application swiftly, utilizing the Priority Visa Service or Super Priority Visa Service for quicker resolution.
How Aden & Co Solicitors Can Assist You
Our expert immigration team provides comprehensive immigration advice and legal representation on a fixed-fee basis for your UK Expansion Worker visa entry clearance application. The fixed fee covers all aspects of our solicitors’ work until the Entry Clearance Officer (ECO) makes a decision on your application. The services we offer throughout this process include:
- Expert Advice on Visa Requirements: Our solicitors will guide you through the necessary requirements to ensure the success of your entry clearance application.
- Document Preparation and Guidance: We will provide you with a detailed list of supporting documents required for your application, ensuring everything is in order.
- Document Assessment: Our legal team will meticulously review your documents to confirm they meet the Immigration Rules and support your application effectively.
- Completion of the Application Form: Our solicitors will expertly complete the relevant application form on your behalf to ensure accuracy and compliance with all regulations.
- Expedited Application Submission: If applicable, we will submit your entry clearance application through the Priority or Super Priority Service, ensuring a faster response time.
- Biometric Appointment Coordination: After submitting your online application, we will schedule your biometric appointment at the designated application center, ensuring seamless processing.
- Detailed Cover Letter Preparation: Our specialist immigration solicitors will draft a thorough cover letter to accompany your application, explaining how all legal requirements have been met to support approval.
- Document Uploads: Before your biometric appointment, we will upload all supporting documents to the system for review, ensuring a complete and compliant submission.
- Follow-up Services: Our solicitors will manage all follow-up actions, ensuring that your application progresses smoothly until a decision is made by the Entry Clearance Officer (ECO).
Tailored Legal Solutions for UK Visa Entry Clearance Applications
At Aden & Co Solicitors, we offer specialized one-off legal services for UK visa entry clearance applications. These services are designed for individuals who prefer not to engage our comprehensive service package but still require expert legal assistance. By opting for our one-off services, clients gain access to professional support tailored to their specific needs. Below are the bespoke legal services available for UK visa entry clearance applications:
Fixed Fee Structure for UK Expansion Worker Visa Applications with Aden & Co Solicitors
At Aden & Co Solicitors, we offer transparent and affordable fixed fees for UK Expansion Worker visa applications, ranging from £800 to £1,500 (exclusive of VAT). The exact fee will be determined based on the complexity of your application and the amount of work required for the visa process.
Please note that the fixed fee does not include any additional disbursements, such as the UKVI application fee. The applicant is responsible for separately covering the Home Office UKVI fees associated with the application.