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UK Expansion Worker overseas-work requirement exemption for Australian nationals and permanent residents

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateMay 31, 2023
CategoryMigration policy
Affected groupAustralian nationals and permanent residents applying as uk expansion workers under the trade agreement

Policy effect

From May 31, 2023, Australian nationals and permanent residents seeking to establish a UK branch or subsidiary under the UK–Australia Free Trade Agreement could use an exemption from the UK Expansion Worker requirement to have worked for the overseas employer for 12 months. HC 1160 inserted the exemption subject to the agreement entering into force or being provisionally applied; the agreement entered into force on May 31, 2023.

Conditions and exceptions

Validated condition or limit: From May 31, 2023, Australian nationals and permanent residents seeking to establish a UK branch or subsidiary under the UK–Australia Free Trade Agreement could use an exemption from the UK Expansion Worker requirement to have worked for the overseas employer for 12 months.; HC 1160 inserted the exemption subject to the agreement entering into force or being provisionally applied

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… ional Minimum Wage Regulations or the Working Time Regulations.”. Page 120 of 182 APP GBM18. For UKX 5.6(b), substitute: “(b) have worked outside the UK for the sponsor group for a cumulative period of at least 12 months, unless the applicant is either: (i) applying as a high earner; or (ii) a Japanese national seeking to establish a UK branch or subsidiary of the sponsor group under the UK-Japan Comprehensive Economic Partnership Agreement; or (iii) a national or permanent resident of Australia seeking to establish a UK branch or subsidiary of the sponsor group under the Free Trade Agreement … between the United Kingdom of Great Britain and Northern Ireland and Australia (when the agreement comes into force or is provisionally applied).”. APP GBM19. At the end of UKX 5.7(b)(v), for “.”, substitute: “; or (vi) jury service; or (vii) attending court as a witness.”. APP GBM20. In UKX 8.1, for “£42,400”, substitute “£45,800”. APP GBM21. In UKX 8.2, after “more than 48 hours a week,”, insert “subject to UKX 8.3,”. APP GBM22. After UKX 8.2, insert: “UKX 8.3. If the applicant is being sponsored to work a pattern where the regular hours are not the same each week, resulting in uneven pay: ( … ’s web pages. The Agreement entered into force on 31 May 2023 and will be published in the Treaty Series of command papers in due course. Updates to this page Published 31 May 2023 Sign up for emails or print this page Get emails about this page Print this page Related content Collection Bilateral treaties published in the Country Series Explore the topic Trade and investment Is this page useful? Maybe Yes this page is useful No this page is not useful Thank you for your feedback Report a problem with this page Help us improve GOV.UK Do not include personal or financial information like your N …
UK GovernmentHC 1160 rule text, explanatory memorandum and applicable commencement evidenceOpen official source
Retrieved from https://assets.publishing.service.gov.uk/media/6408b6e7e90e0740d561954b/E02875509_-_Immigration_Rules_changes_-_HC_1160__Web_Accessible_.pdf

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record recovered-gb-expansion-australia-20230531. Something wrong? Flag this record.

Other United Kingdom changes operative in 2023