Switching From Expansion Worker Visa To Skilled Worker Visa

With the closure of the Sole Representative route to new applicants, overseas businesses wishing to expand into the UK market must now consider the Global Business Mobility (“GBM”): UK Expansion route. But with this also requiring sponsorship, many are wondering how this differs from the Skilled Worker route.

Sponsorship requirements

Both the UK Expansion Worker route and the Skilled Worker route require sponsor licences before the migrant can make an application for a UK visa.

For the Skilled Worker route, the migrant’s employer must hold a Skilled Worker sponsor licence and the licence must be A-rated.

For the GBM: UK Expansion Worker route, the UK sponsor must hold a UK Expansion Worker sponsor licence. It must either have an A-rating or a provisional A-rating. This will depend on whether there is already a worker based in the UK or not.

You can read more about the process of applying for a sponsor licence for the Global Business Mobility UK Expansion Worker route here.

Switching from Expansion Worker To Skilled Worker

Yes, it is possible to switch to both the UK Expansion Worker route and the Skilled Worker route from inside the UK unless the applicant is in the UK:

• 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.

However, GBM: UK Expansion Workers applicants should consider how they will meet the requirement to have worked for the overseas company for at least 12 months prior to the date of application.

Minimum Skill Level for either the UK Expansion Worker Visa or Skilled Worker Visa

Yes, both routes have a minimum skill level which must be met. Not every role is eligible for sponsorship. Sponsors will need to consider the job roles that the migrants are to undertake and whether they appear in Appendix Skilled Occupations as eligible roles for the respective routes.

Salary Levels

Skilled Workers: In most cases, Skilled Workers need to show a minimum salary of at least £25,600 per annum, £10.10 per hour, or the going rate for the role, whichever is higher. There are certain exemptions which are set out in our previous post here.

GBM: UK Expansion Workers: Applicants must show that they will earn at least £42,400 per annum, or the going rate for the role, whichever is higher. As with the Skilled Worker route, only the salary for the first 48 hours a week will be counted towards the general salary requirement. Applicants will need to consider their occupation code to determine the correct going rate for the route.

English Language Requirement

There is no English language requirement for the GBM: UK Expansion Worker route.  However, Skilled Workers will need to show that they meet the English language requirement for the CEFR Level B1 in all four components: Speaking, Listening, Reading, and Writing.

Financial Requirement for either the UK Expansion Worker or Skilled Worker Route

Yes, both routes have a financial requirement. Only those who are applying for entry clearance or who have been living in the UK for less than 12 months must show that they meet this requirement. Sponsors in the Skilled Worker route can certify the migrant’s maintenance if they have an A-rated licence.

Do the UK Expansion Worker and Skilled Worker Routes Lead to Settlement?

Skilled Workers: Yes, Skilled Workers can apply for settlement after five continuous years of residence in the UK as Skilled workers.

GBM: UK Expansion Workers: No, this route does not lead to settlement.

Is There a Maximum Amount of Time the Migrant Can Spend in the UK?

Skilled Workers: No, there is no limit on the amount of time a migrant can spend in the UK as a Skilled Worker, though they may be eligible to apply for settlement after five continuous years in this category.

GBM: UK Expansion Workers: Yes, migrants must spend more than five years in any six-year period in the UK in this category unless they are a high earner in which case they cannot spend more than nine years in any 10-year period.

Is the UK Expansion Worker or Skilled Worker Visa Better Than the Other?

The Skilled Worker route is a route to settlement, which is a personal benefit to the applicant. However, this may not be necessary for a GBM: UK Expansion Worker in the UK if it is not their desire to settle in the UK.

The GBM: UK Expansion Worker is a route for businesses that do not have a person based in the UK able to establish the business and make a sponsor licence application. It allows the overseas business to send a worker to the UK to do this. It is open to the UK business, once established, to apply for a Skilled Worker sponsor licence to sponsor workers in the UK on a more long-term basis. It is permissible for GBM: UK Expansion Workers to switch to become Skilled Workers from within the UK.

Contact our Immigration Advisers

For expert advice and assistance in relation to applying for or managing a sponsor licence in either the UK Expansion Worker or Skilled Worker route, please contact our immigration barristers in London on 0208 536 5521 or via the enquiry form below.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Adivis and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Adivis. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Adivis.

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