Overview of the Scale-up Worker Visa
The Scale-up Worker visa is a UK work route for eligible individuals who have been offered a qualifying job with a fast-growing UK business approved to sponsor Scale-up Workers.
The route is intended to allow eligible scale-up businesses to recruit skilled workers while giving successful applicants greater flexibility after an initial sponsored period.
Unlike some sponsored work routes, the employer’s sponsorship responsibilities generally apply to the first six months of the worker’s employment. After this period, an eligible Scale-up Worker can have greater freedom to change employment or become self-employed, while remaining subject to the conditions of their immigration permission.
Who Can Apply?
To qualify, an applicant must generally:
- Have a job offer from an approved UK scale-up business
- Have a valid Certificate of Sponsorship
- Work in an eligible occupation
- Meet the applicable salary requirement
- Meet the English language requirement
- Satisfy the relevant immigration and suitability requirements
The employer must be approved by the Home Office to sponsor Scale-up Workers.
A business can qualify as a scale-up business through the relevant endorsement process or by meeting the applicable growth criteria. Current rules include requirements concerning business growth and the number of employees.
The Sponsored Job
The job offered to the applicant must be eligible for the Scale-up Worker route.
The employer should provide a Certificate of Sponsorship containing details of the position, including the occupation code and salary.
The actual job duties should correspond to the occupation code used for the application. Applicants should therefore review the proposed role carefully rather than relying solely on the job title.
Salary Requirements
Applicants must meet the applicable salary requirement.
Under the current rules, the sponsored job must generally pay at least the higher of:
- £39,100 per year, or
- The applicable going rate for the occupation.
The relevant going rate depends on the occupation code and should be checked against the current Immigration Rules at the time of application.
Different provisions can apply in certain circumstances, so applicants should obtain advice where their salary falls below the standard threshold.
Certificate of Sponsorship
The Certificate of Sponsorship is an electronic record issued by the sponsoring employer.
It provides information about the role and is required for the visa application.
Once the Certificate of Sponsorship has been issued, the applicant normally needs to apply within the permitted period. The current guidance states that an application must be made within three months of receiving the certificate.
Errors in sponsorship information can create problems, particularly where the occupation, salary or employment details do not match the requirements.
English Language Requirement
Applicants must generally demonstrate the required level of English unless they qualify for an exemption or can rely on another permitted form of evidence.
The evidence required depends on the applicant’s circumstances and previous immigration history.
Where an applicant has previously demonstrated the required English language ability under an eligible application, it may be possible to rely on that evidence.
Working After Six Months
One of the main features of the Scale-up Worker route is the greater flexibility available after the initial sponsored period.
For the first six months, the worker must undertake the sponsored job.
After six months, the worker can generally:
- Continue working for the original employer
- Change jobs
- Become self-employed
- Undertake additional employment
- Leave the sponsored role
The original sponsor’s sponsorship responsibilities generally end after six months.
However, workers must continue to comply with the conditions of their visa and should consider their longer-term immigration position before changing employment.
Extending a Scale-up Worker Visa
A Scale-up Worker visa can be extended where the applicant continues to satisfy the relevant requirements.
Extension requirements can differ from the requirements for the initial application.
Applicants considering an extension should review their salary, employment history and immigration status before making the application.
Settlement
The Scale-up Worker route can lead to settlement for eligible applicants.
The settlement requirements include specific financial and residence conditions. For example, applicants must meet the applicable salary and earnings requirements, including relevant earnings during the three years before the settlement application.
The applicant’s circumstances should therefore be considered over the longer term rather than only at the point of the initial visa application.
Dependants
Eligible Scale-up Workers may be able to bring their partner and dependent children to the UK.
Dependants must make their own applications and satisfy the relevant relationship, financial and immigration requirements.
Where a worker changes employment after the sponsored period, this does not automatically prevent eligible dependants from remaining in the UK, but the family’s overall immigration status should be reviewed when planning future applications.
Changing Immigration Routes
Some Scale-up Workers may later wish to move into another immigration route, such as the Skilled Worker route.
Whether switching is possible depends on the applicant’s circumstances and the requirements of the proposed route.
Applicants considering a move into another category should obtain advice before their current permission expires.
Common Issues
Potential difficulties with Scale-up Worker applications can include:
- The employer is not an eligible sponsor
- The role is not eligible
- The salary does not meet the required threshold
- Incorrect occupation coding
- Problems with the Certificate of Sponsorship
- Insufficient English language evidence
- Previous immigration issues
- Incorrect timing of the application
- Failure to meet settlement requirements later in the immigration journey
Common Issues
Potential difficulties with Scale-up Worker applications can include:
- The employer is not an eligible sponsor
- The role is not eligible
- The salary does not meet the required threshold
- Incorrect occupation coding
- Problems with the Certificate of Sponsorship
- Insufficient English language evidence
- Previous immigration issues
- Incorrect timing of the application
- Failure to meet settlement requirements later in the immigration journey
How We Can Help
SWM Solicitors can advise workers and employers on the Scale-up Worker route.
We can assist with:
- Assessing eligibility
- Reviewing job offers
- Checking occupation requirements
- Reviewing salary requirements
- Advising on Certificates of Sponsorship
- Reviewing supporting evidence
- Preparing visa applications
- Advising on dependants
- Advising on extensions
- Advising on switching routes
- Advising on settlement