The proposed new Scale-Up visa will allow talented individuals to come to the UK if they hold a highly skilled job offer from a qualifying scale-up at the required salary level. A ‘scale-up’ is defined as a business with an annual average revenue or employment growth rate over a 3-year period greater than 20%, plus a minimum of 10 employees at the start of this period. The Scale-up Visa route will open on 22 August 2022.
Scale-ups will be able to apply via a fast-track verification process. The UK government will also explore whether scale-ups who can demonstrate an expectation of strong growth in future years can qualify under the route following a review.
The Scale-up Visa route offers both a Sponsored Application route and an Unsponsored Application route. The Unsponsored Application route is only available to applicants who have previously been granted permission as a Scale-up Worker.
The new Scale-Up route will allow eligible individuals to work, switch jobs or employers in the UK. As with the High Potential visa, individuals will again be able to extend their stay and settle in the UK, subject to meeting specific requirements under this route.
Scale-ups will be able to apply via a fast-track verification process. The UK government will also explore whether scale-ups who can demonstrate an expectation of strong growth in future years can qualify under the route following a review.
The Scale-up Visa route offers both a Sponsored Application route and an Unsponsored Application route. The Unsponsored Application route is only available to applicants who have previously been granted permission as a Scale-up Worker.
The new Scale-Up route will allow eligible individuals to work, switch jobs or employers in the UK. As with the High Potential visa, individuals will again be able to extend their stay and settle in the UK, subject to meeting specific requirements under this route.
Requirements for a Scale-up Visa – Sponsored Application
In order to qualify for a Scale-up Visa via a Sponsored Application, you will need to satisfy UK Visas and Immigration that:
- You are aged 18 or over;
- You have a valid Certificate of Sponsorship issued by your UK sponsor for the job you are planning to do;
- The job you are planning to do is genuine;
- The job you are planning to do is at an appropriate skill level;
- Your salary will be equal to or exceed both £33,000 per year, £10.58 per hour and the ‘going rate’ for the job;
- You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0);
- You have enough money to support yourself without relying on public funds;
- You have provided a valid TB certificate, if required.
Requirements for a Scale-up Visa – Unsponsored Application
In order to qualify for a Scale-up Visa via an Unsponsored Application, you will need to satisfy UK Visas and Immigration that:
- You are aged 18 or over;
- You have previously been granted permission as a Scale-up Worker;
- You had monthly PAYE earnings in the UK equivalent to at least £33,000 per year during at least 50% of your most recent grant of permission as a Scale-up Worker;
- You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0);
- You have enough money to support yourself without relying on public funds;
- You have provided a valid TB certificate, if required.
In either case, the exact requirements you will need to satisfy may vary depending on your circumstances.
Scale-up Visa Certificate of Sponsorship (CoS) Requirement for a Sponsored Application
In order to obtain a Scale-up Visa via a Sponsored Application you will need to have a valid Certificate of Sponsorship for the job you are planning to do. Your Certificate of Sponsorship will need to have been issued by an employer that is authorised by the Home Office to sponsor a Scale-up Worker.
To register as a Scale-up Sponsor, your employer will need to demonstrate that they have had an annualised growth of at least 20% for the previous 3-year period in terms of turnover or staffing. Companies will also need to have had a minimum of 10 employees at the start of this 3-year period.
Your sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors.
Once a Scale-up Sponsor has an A-rated licence, they can issue a CoS and sponsor you for 6 months in an occupation skilled to at least RQF level 6, with a salary that is equal to or exceeds: £33,000 per year, the going rate for the occupation code and £10.58 per hour.
Your Certificate of Sponsorship must have been issued not more than 3 months before the date of your Scale-up Visa Sponsored Application.
Your Certificate of Sponsorship must include certain mandatory information, including:
To register as a Scale-up Sponsor, your employer will need to demonstrate that they have had an annualised growth of at least 20% for the previous 3-year period in terms of turnover or staffing. Companies will also need to have had a minimum of 10 employees at the start of this 3-year period.
Your sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors.
Once a Scale-up Sponsor has an A-rated licence, they can issue a CoS and sponsor you for 6 months in an occupation skilled to at least RQF level 6, with a salary that is equal to or exceeds: £33,000 per year, the going rate for the occupation code and £10.58 per hour.
Your Certificate of Sponsorship must have been issued not more than 3 months before the date of your Scale-up Visa Sponsored Application.
Your Certificate of Sponsorship must include certain mandatory information, including:
- Details of your name, job and salary;
- Confirmation that you are expected to work for your Sponsor for at least 6 months;
- A start date which is no more than 3 months after the date of your Scale-up Worker Visa application;
- Confirmation that the Certificate of Sponsorship has not been used in a previous application which was either granted or refused and has not been withdrawn by the sponsor or cancelled by the Home Office.
Scale-up Visa Salary Requirement for a Sponsored Application
In order to obtain a Scale-up Visa via a Sponsored Application, the salary for the job you are being sponsored for must equal or exceed both £33,000 per year, £10.58 per hour and the ‘going rate’ for the job (as set out in the relevant occupation code mentioned above).
The assessment of salary is based on guaranteed basic gross pay (up to 48 hours per week) and does not include any other pay or benefits.
Once the Scale-up Visa route opens, the Home Office will publish a list of going rates for eligible Scale-up Visa occupation codes. The going rates stated will be based on a 37.5-hour working week and must be pro-rated for other working patterns.
The assessment of salary is based on guaranteed basic gross pay (up to 48 hours per week) and does not include any other pay or benefits.
Once the Scale-up Visa route opens, the Home Office will publish a list of going rates for eligible Scale-up Visa occupation codes. The going rates stated will be based on a 37.5-hour working week and must be pro-rated for other working patterns.
Duration of a Scale-up Visa
If you are granted a Scale-up Visa on the Sponsored Application route then you will be granted entry clearance or permission to stay for a period of 2 years.
If you are granted a Scale-up Visa on the Unsponsored Application route then you will be granted entry clearance or permission to stay for a period of 3 years.
If you are granted a Scale-up Visa on the Unsponsored Application route then you will be granted entry clearance or permission to stay for a period of 3 years.
Settlement as a Scale-up Worker
In order to qualify for indefinite leave to remain as a Scale-up Worker you will need to satisfy UK Visas and Immigration that:
- You have spent a continuous period of 5 years in the UK with valid leave;
- The 5-year continuous period has comprised time spent with permission in any of the following routes (alone or in combination): Scale-up, Skilled Worker, Global Talent, Innovator, T2 Minister of Religion, International Sportsperson, Representative of an Overseas Business, as a Tier 1 Migrant, other than Tier 1 (Graduate Entrepreneur);
- You are in employment in the UK on the date of application with a salary paid through PAYE of at least £33,000 per year;
- You have had monthly PAYE earnings in the UK equivalent to at least £33,000 per year during at least 24 months of the last 3 years immediately before the date of application;
- You meet the Knowledge of Life in the UK requirement (unless an exemption applies).
Need assistance?
As Scale-up worker route is a relative new route in the UK, you might need to be advised by immigration lawyer to get an ideal result. J & S Law Firm are experienced UK immigration specialists offering guidance and support to individuals in relation to their UK immigration status and making Home Office applications. We can advise on the eligibility criteria you will need to evidence and the process you will need to follow for your application. With over decades of experience, we always provide rock-solid support to our clients and help them achieve their goal efficiently and smoothly.
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