The UK Expansion Worker Visa: Part 3

The UK Expansion Worker Visa: Part 3

This article is part of the ‘Global Business Mobility’ series, which provides a detailed summary of the UK Expansion Worker Visa route.

There are three parts, which cover the following topics:

 

Part 1

What is the Purpose of the UK Expansion Worker Visa?

3 Requirements to Satisfy

The Validity Requirements

The Form

The Fee and IHS

Biometrics

Passport and Supporting Documents

What Documents do You Need to Provide with Your Application?

Evidence of Your Employment Outside the UK

A Certificate of Sponsorship

Age

Switching

TB Test Certificate

 

Part 2:

The Suitability Requirements

Mandatory v Discretionary

The Eligibility Requirements

Points-Based Eligibility Requirements

20 Points for Sponsorship for a UK Expansion Worker

Certificate of Sponsorship

The Sponsor

The Sponsor Group

Your Job

20 Points for Job at Appropriate Skill Level for a UK Expansion Worker

The Appropriate Occupation Code 

 

Part 3:

20 Points for Salary for a UK Expansion Worker

The  General Salary Requirement

48 hours Per Week

The Going Rate Requirement

Non-Points-Based Eligibility Requirements

The Financial Requirement

Maximum Length of Assignments Requirement

No ILR

The Decision, Period and Conditions

What You Cannot Do

What You Can Do

When Can You Apply?

How Long Does it Take to Get a Decision?

 

This is part 3 of the series.

 

20 Points for Salary for a UK Expansion Worker

For you to score 20 points for the salary requirement, you need to show that your salary equals or exceeds:

1. the general salary requirement; and
2. the going rate requirement

The  General Salary Requirement: £42,400 Threshold

If your job is listed in one of the occupation codes in Table 1 of Appendix Skilled Occupations, it has to be at least £42,400 per year (gross) or above.

48 hours Per Week

You should also bear in mind that if your employment contract is for more than 48 hours a week, the Home Office will only count the first 48 hours a week and adjust your salary accordingly.

For example:

John intends to work as a Building Services Manager for ABC Building Service Ltd. According to his employment contract, he’ll be working 60 hours a week at £15 per hour. Accordingly, his annual salary will be £900 per week x 52 weeks = £46,800.

You may think that this salary will be enough to pass the £42,400 threshold. However, it is not because only the Home Office will only take into consideration the first 48 hours and adjust the rest in the following way:

(£15ph x 48 hrs) x 52 weeks = £37,400

For this reason, John will not be able to meet the salary requirement and score the required 20 points for this application. For John to succeed, he’ll need to ask his employer to adjust his employment contract and either increase his hourly rate or decrease the number of working hours.

 

The Going Rate Requirement

The going rate concept confuses a lot of people. In simple terms, the going rate is the minimum acceptable salary for the occupation in question.

For example, the going rate (the minimum acceptable level of salary) for Chief Executives and Senior Officials will be higher (£67,300 £33.19 per hour) than the going rate for the Marketing and sales directors ( £54,900 (£27.07 per hour)).

It is also important to remember that the going rates listed in Table 1 of the Appendix Skilled Occupations are based on a 39-hour work week. If you work more than 39 hours a week, the Home Office will adjust your salary to see if it meets the going rate requirement.

For example:

Gwen is a Chief Executive at ABC limited. Her employer will pay her £67,500 gross per year for a 42-hours work week. Gwen believes that because her gross salary is above the going rate for the profession, she’ll easily meet the going rate requirement. Is it the case, though?

All going rates in Table 1 of the Appendix Skilled Occupations are based on a 39-hour workweek.  Gwen will be working more hours, and therefore the Home Office will adjust her salary in the following way:

Step 1:

They’ll work out her hour rate:

£67,500 / 52 weeks = £1,298.07 per week / 42 hours = £30.90

Step 2:

They’ll calculate the annual gross salary she would be receiving if she worked only 39 hours a week:

(£30.90 x 39 hours PW) x 52 weeks = £62,665.20

Gwen will not be able to get the required 20 points for her salary because if she worked 39 hours per week, she would get only £62,665.20, which is below the going rate for her occupation (£67,500 gross per year).

Before applying, Gwen’s employers will either need to increase her salary or reduce her working hours to 39 hours per week.

 

Non-Points-Based Eligibility Requirements

The good news is that there is no English language requirement. So, there are only two non-points-based eligibility requirements you’ll need to meet:

1. the financial requirement
2. Maximum length of the assignments requirement

 

The Financial Requirement

You’ll meet this requirement automatically and don’t need to show funds if you intend to make your application after remaining lawfully in the UK for 12 months.

If you are either making your application:

1. from outside the UK; or
2. you were in the UK for less than 12 months.

then you’ll need to provide documents to confirm that you had at least £ £1,270. This amount needs to be in your bank account for at least 28-days before the application. The end date of the 28-day period must be within 31 days of the date you apply.

 

Maximum Length of Assignments Requirement

You cannot remain in the UK on any Global Business Mobility or  Intra-Company visa for longer than 5 years in any 6-year period.

 

No ILR

Sadly, you cannot settle (apply for Indefinite Leave to Remain) if you live in the UK as a UK Expansion Worker.

 

The Decision, Period and Conditions

If your application is successful, you’ll get the shortest of one of the following:

1. 1 year after the start date of the job detailed in the Certificate of Sponsorship; or
2. 14 days after the end date of the job detailed in the Certificate of Sponsorship; or
3. the date at which the applicant will have had continuous permission as a UK Expansion Worker totalling 2 years; or
4. 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. It is important to note here that this limit applies to all Global Business Mobility routes and the old Intra-company Transfer routes.

If you need to remain in the UK for longer than that, you’ll need to switch into a different route. For example, you can apply to remain in the UK as a Skilled Worker.

If the application is not successful, you can apply for Administrative review. 

 

What You Cannot Do

If your application is successful, you cannot:

1. claim benefits
2. work for any other employer or on any other business(unless working out a contractual notice period)

 

What You Can Do

You can study and work as a volunteer.

Also, you’ll need to register with the police if your country is on this list.

 

When Can You Apply?

You can apply for a visa up to 3 months before the day you are due to start work in the UK. You’ll find this date on your certificate of sponsorship.

 

How Long Does it Take to Get a Decision?

It depends on where you are applying from. If you are applying from outside the UK, your visa should be granted within 4 weeks. If you are applying from the UK, it should be within 3 weeks.