Switching Into UK Expansion Worker Visa

You can apply for switching into UK Expansion Worker visa from inside the UK if you meet the immigration status requirement and you are a senior manager or specialist employee who wants to set up a branch of an overseas business that has not started trading in the UK yet. The UK Expansion Worker visa route is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is a senior manager or specialist employee and is being assigned to the UK to undertake work related to a business’s expansion to the UK.  You must already work for the overseas business as either a senior manager or specialist employee. An application for switching into UK Expansion Worker visa is made from inside the UK in accordance with requirments as set out in Appendix Global Business Mobility Routes of the Immigration Rules.

The UK Expansion Worker route is not a route to settlement which means it does not lead to Indefinite Leave to Remain (ILR). However, it is possible to switch from UK Expansion Worker visa route to other work visa categories from inside the UK which can lead to Indefinite Leave to Remain (ILR) in the UK.

The UK Expansion Worker visa route can only be used when the business has not yet begun trading in the UK. If the business is already trading in the UK, workers should apply under Senior or Specialist Worker instead. A dependent partner and dependent children of UK Expansion worker can apply for dependant visa to come to the UK to stay with the UK Expansion worker.

Our specialist work visa solicitors and lawyers in London can provide expert immigration advice and legal representations on fixed fee basis for your application for switching into UK Expansion Worker visa. Ask a question to our specialist team of work visa solicitors for free immigration advice online or book an appointment online with one of our expert immigration solicitors and lawyers concerning your application for switching into UK Expansion Woker visa from inside the UK.

Requirements For Switching Into Expansion Worker Visa UK

A person applying for switching into UK expansion worker visa from inside the UK must meet the following requirements of the Immigration Rules:

Valid Entry Clearance Application

The applicant submit a valid application for switching into UK Expansion Worker visa from inside UK in accordance with requirements for a valid application as set out in Appendix Global Business Mobility Routes of the Immigration Rules.

Valid Certificate of Sponsorship (CoS)

The applicant must have a certificate of sponsorship that was issued to them by their sponsor no more than 3 months before the date of application.

Age Requirement

The applicant must be aged 18 or over on the date of application.

Written Consent From Government or Agency

If the applicant has in the last 12 months before the date of application received an award from a Government or international scholarship agency covering both fees and living costs for study in the UK, they must provide written consent to the application from that Government or agency.

Immigration Status Requirement

An applicant applying for switching into UK Expansion Worker must be in the UK and must not have, or have last been granted, permission:

• as a Visitor; or
• as a Short-term Student; or
• as a Parent of a Child Student; or
• as a Seasonal Worker; or
• as a Domestic Worker in a Private Household; or
• outside the Immigration Rules.

Points Requirement For A UK Expansion Worker

The applicant must be awarded 60 points based on the table below:

Points For Sponsorship For A UK Expansion Worker

The applicant must have a valid certificate of sponsorship for the job they are planning to do, which to be valid must:

• confirm the applicant’s name, that they are being sponsored as a UK Expansion Worker, details of the job, salary and any allowances the sponsor is offering them (if applicable) and PAYE details if HM Revenue and Customs (HMRC) requires income tax and national insurance for the sponsored job to be paid via PAYE; and
• include a start date for the job, stated by the sponsor, which is no more than 3 months after the date of application; and
• not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made void or withdrawn); and
• not have been withdrawn by the sponsor or cancelled by the Home Office; and
• confirm that the applicant has worked for the sponsor group for the period required at UKX 5.6.(b); and
• confirm whether the Academic Technology Approval Scheme (ATAS) requirement in Appendix ATAS applies.

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

• the applicant was last granted permission as a UK Expansion Worker and is applying to continue working for the same sponsor as in their last 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 licenced sponsors.

The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do:

• does not exist; or
• is a sham; or
• has been created mainly so the applicant can apply for entry clearance or permission to stay.

The sponsor must choose an appropriate occupation code, and the decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do amounts to:

• the hire of the applicant to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent; or
• contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party.

An applicant as 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; or
  • a Japanese national seeking to establish a UK branch or subsidiary of the sponsor group under the UK-Japan Comprehensive Economic Partnership Agreement.

The 12 months’ work outside the UK can have been accumulated over any period provided that:

• the applicant was continuously working for the business whether in or out of the UK, from the start of the 12 months to the date of application; and
• any breaks in the continuous work in UKX 5.7.(a) were only for the following reasons: 
  • statutory maternity, paternity, parental, or shared parental leave; or
  • statutory adoption leave; or
  • sick leave; or
  • assisting with a national or international humanitarian or environmental crisis, with the agreement of the sponsor group; or
  • taking part in legally organised industrial action.

If the above given requirements are met, the applicant will be awarded 20 points for sponsorship.

Points For Job At Appropriate Skill Level

The applicant must be sponsored for a job in an occupation code listed in Appendix Skilled Occupations that is identified as eligible for the Global Business Mobility routes.

The decision maker must not have reasonable grounds to believe the sponsor has chosen a less appropriate occupation code for any of the following reasons:

• the most appropriate occupation code is not eligible under the Global Business Mobility routes; or
• (b) the most appropriate occupation code has a higher going rate than the proposed salary.

To support the assessment, the decision maker may, in particular, consider:

• whether the sponsor has shown a genuine need for the job as described; and
• whether the applicant has the appropriate skills, qualifications and experience needed to do the job as described; and
• the sponsor’s history of compliance with the immigration system including, but not limited to, paying its sponsored workers appropriately; and
• any additional information from the sponsor.

If the ATAS requirement in Appendix ATAS applies, the applicant must provide a valid ATAS certificate.

If the above given requirements are met, the applicant will be awarded 20 points for a job at the appropriate skill level. However, no points will be awarded for a job at the appropriate skill level if the applicant is not also being awarded 20 points for sponsorship.

Points For Salary For A UK Expansion Worker

The salary for the job for which the applicant is being sponsored must equal or exceed both:

• the general salary requirement; and
• the going rate requirement.

Salary under these requirements includes only:

• guaranteed basic gross pay (before income tax and including employee pension and national insurance contributions); and
• allowances which are guaranteed to be paid for the duration of the applicant’s employment in the UK (such as London weighting) or are paid as a mobility premium or to cover the additional cost of living in the UK.

Where allowances are solely for the purpose of accommodation they will only be taken into account up to a value of 30% of the total salary package.

Salary does not include other pay and benefits, such as any of the following:

• flexible working where the nature of the job means that hours fluctuate and pay cannot be guaranteed; or
• additional pay such as shift, overtime or bonus pay, whether or not it is guaranteed; or
• employer pension and national insurance contributions; or
• any allowances, other than those specified in UKX 7.2.(b); or
• in-kind benefits, such as equity shares, health insurance, school or university fees, company cars or food; or
• one-off payments, such as ‘golden hellos’; or
• any payments relating to immigration costs, such as the fee or Immigration Health Charge; or
• payments to cover business expenses, including (but not limited to) travel to and from the applicant’s country of residence, equipment, clothing, travel or subsistence.

If the above given requirements are met, the applicant will be awarded 20 points for salary at the required level. However, no points will be awarded for salary if the applicant is not also being awarded 20 points for sponsorship under UKX 5.8.

General Salary Requirement For UK Expansion Worker Visa

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. 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 UK Expansion Worker Visa

• 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).
• 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 (and the going rate will be pro-rated according to the number of weekly working hours stated by the sponsor, and the pro-rating set out in Appendix Skilled Occupations).

The applicant’s full weekly hours will be included when checking their salary against the going rate, even if they work more than 48 hours a week. For example, an applicant who works 60 hours a week in an occupation code with a going rate of £39,000 must be paid £60,000 (1 x £39,000 x 60 ÷ 39) per year, not £48,000 (1 x £39,000 x 48 ÷ 39).

Financial Requirement For UK Expansion Worker

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.

If the applicant is applying for switching into UK Expansion Worker visa ans has been in the UK with permission for less than 12 months, the applicant must have funds of at least £1,270. The applicant must show that they have held the required level of funds for a 28-day period and as set out in Appendix Finance.

Maximum Length Of Assignments Requirement For A UK Expansion Worker

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-year period.

When calculating the cumulative periods of permission, the decision maker will include the following:

• all previous periods of permission on the Global Business Mobility routes; and
• all previous periods of permission on the Intra-Company routes; and
• if the applicant does not currently hold permission on a Global Business Mobility route, any permission they could be granted under this application, beginning on the start date of the job stated on the Certificate of Sponsorship; and
• if the applicant is applying for permission to stay and has or last had permission on the Global Business Mobility routes, any permission they could be granted under this application, beginning on the date of decision; and
• any period of permission on the Global Business Mobility routes and the Intra-Company routes extended under section 3C of the Immigration Act 1971.

Suitability Requirements

The applicant must not fall for refusal under Part 9: grounds for refusal.

If applying for permission to stay the applicant must not be:

• in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
• on immigration bail.

Period and Conditions Of Grant

UK Expansion Worker visa will be granted for a period which is the shortest of the following:

• 1 year after the start date of the job detailed in the Certificate of Sponsorship; or
• 14 days after the end date of the job detailed in the Certificate of Sponsorship; or
• the date at which the applicant will have had continuous permission as a UK Expansion Worker totalling 2 years; or
• the date at which the applicant will have had cumulative permission in the Global Business Mobility routes totalling 5 years in any 6-year period.

If the applicant does not currently hold permission on the Global Business Mobility routes, any permission granted for the period between the date of decision and the start date of the job detailed in the Certificate of Sponsorship will be excluded from the cumulative permission for the purpose of determining the period of grant of permission (but not from the cumulative period).

The grant will be subject to all the following conditions:

• no access to public funds; and
• the only work permitted is:
  • the job for which the applicant is being sponsored; and
  • voluntary work; and
  • working out a contractual notice period, where the applicant was lawfully working in that job in the UK on the date of application; and
• study is permitted, subject to the ATAS condition in Appendix ATAS.

Priority or Super Priority Service For  Switching Into UK Expansion Worker Worker Visa

As specialist work visa solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Priority or Super Priority Service for switching into UK Expansion Worker worker visa whereby decision on your UK Expansion Worker worker visa application will be made within 24 hours if you submit your application through Super Priority Service or within 5 working days if you submit your application through Priority Service.

Our work visa solicitors can prepare and submit your application for switching into UK Expansion Worker worker visa faster and get you a decision on your application faster through Priority or Super Priority Service. This way, you will not have to wait for the decision on your UK Expansion Worker Worker visa application for months (sometimes years).

One-Off Service For Submission Of Your Application Through Priority / Super Priority Service

How Can We Help?

Our specialist team of immigration solicitors can provide expert immigration advice and legal representations on fixed fee basis in relation to your application for switching into UK Expansion Worker worker visa. Our fixed fee for your immigration application will cover all the work of our immigration solicitors on your immigration application until a decision is made by the Home Office UKVI on your application for switching into UK Expansion Worker worker visa. The casework to be carried out by our immigration solicitors in relation to your immigration application will entail the following:

• Advice on requirements: Our immigration solicitors will advise you on the relevant requirements you have to meet for your immigration application to succeed.
• Advised on documents: Our immigration lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for switching into UK Expansion Worker worker visa;
• Assessment of documents: Our immigration lawyers will assess your documents to make sure that all the documents you provide in support of your application are in accordance with the requirement of the immigration rules.
• Completing application form: Our immigration lawyers will complete the relevant application form for your application for switching into UK Expansion Worker worker visa.
• Submitting application through Priority or Super Priority Service: Where possible, our immigration lawyers will submit your online immigration application through priority or super priority service to get faster decision on your application for switching into UK Expansion Worker worker visa.
• Booking an appointment with the application centre: After the online submission of your application, our immigration lawyers will book your appointment with the application centre for you to enrol your biometrics.
• Preparing a detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your application explaining how you meet all the legal requirements for your application to be approved by the Home Office UKVI.
• Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload online all the supporting documents to be considered in support of your application for switching into UK Expansion Worker worker visa.
• Follow up work: Our immigration lawyers will carry out all the follow up work until decision by the Home Office UKVI on your application for switching into UK Expansion Worker worker visa.

Our One-Off Services For Immigration Applications

Our immigration solicitors can also provide a wide range of one-off legal services for UK visa and immigration applications. Using our one-off services can help those who do not want to use our full service for the immigration application. You can use one of the following one-off legal services offered for UK visa and immigration applications:

• One-Off Immigration Advice and Consultation
• Immigration Documents Checking Service
• Application Form Completion Services
• Submitting Application Through Priority and Super Priority Service
• Preparing Cover Letter For Immigration Application
• Uploading Supporting Documents Online

Our Fixed Fees For UK Expansion Worker Worker Visa Applications

• Our immigration solicitors will charge a fixed fee ranging from £800 to £1,500 (no VAT) for your application for switching into UK Expansion Worker worker visa UK. The agreed fixed will depend on the complexity of the application and the volume of work involved in the UK Expansion Worker worker visa visa application.
• Our fixed fee for the application does not cover any disbursements e.g. UKVI fee for the application and the applicant has to separately pay the Home office UKVI fees for the application.