The Scale-Up Worker route is an option for UK companies that are considered to be in a sustained period of high growth. It provides an opportunity for such employers to for companies that need to quickly recruit highly skilled migrant workers, to help manage their fast-growing business.
A successful applicant for this visa will be granted permission to work in the UK for a period of 2 years. However, they are only sponsored to work for the sponsoring company for a period of 6 months. Following the first 6 months, the worker can work for any other employer - should they choose to do so - for the remainder of their visa. A migrant worker is also able to apply to extend their visa unsponsored, for a further 3 years.
The requirements for this visa are complex, so you should seek advice from an immigration specialist before you proceed with an application. Latitude Law’s specialist business lawyers can advise you of the requirements specifically relating to you and ensure that the conditions of your employment are suitable to meet the immigration rules.
Who is eligible to apply?
A company that wishes to apply for a Scale-Up Sponsor licence must meet the usual requirements for obtaining a sponsor licence (proving that they have a genuine business case for a licence, and can meet the duties imposed on them as a sponsor licence holder).
Additionally, they must also meet the definition of a qualifying scale-up sponsor.
A company can meet the definition of a qualifying scale up sponsor through the standard pathway. This is based on an assessment by UK Visas and Immigration of the company’s growth. A company must show that they:
A company that has not been operating for three years may still be able to meet the definition, provided that they receive endorsement from a specified body as listed on the Home Office list of authorised endorsing bodies. This is called the endorsing body pathway.
Any company wishing to apply for a sponsor licence must provide a specified list of documents and information to the Home Office (see: Sponsor licence).
When applying for a Scale-Up sponsor licence, a company must also provide details of its financial growth to the Home Office, or to the relevant endorsing body, depending on which pathway they apply.
Additional documents are not usually required when applying for a Scale-Up Sponsor license, unless:
A company will have to pay £536 to apply for a sponsor licence, and an additional £1500 to the endorsing body when doing so through the endorsing body pathway. If successful, a sponsoring company can issue an intended worker with sponsorship for a period of 6 months
Who is eligible?
An individual who is offered a high-skilled job with a qualifying Scale-up business will be able to apply for a Scale-up visa.
An application can be pursued from outside of the UK, or from within the UK if the worker holds permission to remain in another immigration category that permits them to switch.
What Documentation would need to be supplied?
For a first application to this visa, the worker will need to provide evidence that they can score 70 points for:
The Scale-up worker will need a valid Certificate of Sponsorship, issued to them by the qualifying Scale-up business. This must confirm that the worker is expected to work for the sponsor for at least the next 6 months.
The job must also be eligible for sponsorship under the Scale-up route; jobs suitable for sponsorship are outlined in Appendix Skilled Occupations. Note that, not all roles are suitable for sponsorship under the Scale-up route; various director roles are, as are various scientist and legal roles, but many roles, including management and technician roles, are not suitable for sponsorship. Latitude Law can help organisations to match a proposed role to the occupations that are suitable for sponsorship under the Immigration Rules
The Scale-up worker must be paid an appropriate salary, which must be at least £36,300 per year, unless the going rate for the role is higher, in which case the going rate for the proposed role must be paid.
Scale-up workers must provide specified evidence that they can communicate in English to at least Level B1 CEFR, and must also comply with a financial requirement, unless this is certified by their sponsor.
If successful, the applicant will be granted permission to stay in the UK for 2 years. They are required to work for their sponsor in the specified role for at least 6 months.
Once a sponsored Scale-up worker has worked in the role specified on the Certificate of Sponsorship for at least 6 months, they will be able to pursue an unsponsored application. This means they won’t need a Certificate of Sponsorship from a Scale-up sponsor to proceed with their application to extend their permission to remain. However, they will need to prove that, throughout half of their permission as a Scale-up Worker, their annual PAYE earnings in the UK have exceeded at least:
Whilst a Scale-up worker can undertake self-employment in the UK, the worker cannot rely on self-employment income or earnings from outside the UK.
If the above criteria are met, the worker should qualify for an extension of stay for a period of 3 years. They can qualify for settlement after 5 years continuous residence in the UK. Their earnings will again be assessed for the purpose of their settlement application; and UKVI will expect the worker to have received the above specified amounts during at least 2 years of the preceding 3 years.
Latitude Law’s specialist team helps many businesses and organisations with applications for varied sponsorship licences. We can provide detailed guidance about the requirements for a Scale-Up Visa, or prepare the entire application alongside detailed representations explaining how the relevant rules are met.
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As a boutique law firm specialising in UK-inbound immigration, our experts understand the complexity and uncertainty that constantly shifting visa and residence policies create for Scale-up visa workers. Our lawyers can provide up-to-the-minute legal advice on how any changes will impact your application.
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Mr MalekzadaApril 30, 2024Successful visa application for wife of British citizen
"Latitude Law is the best immigration law firm that I have ever come across. The quality of service & professionalism from Natasha, Alexandra & Anna is out of this world. They invested time to make sure the application was successful & I received the decision exceptionally quickly. I can't thank them enough. If you are looking for an immigration firm to deal with your visa, Latitude Law is the best ever. Special thanks to Mr Gary - star of the immigration world!"
Ms BFebruary 1, 2024Complex British citizenship application
"Many thanks to the amazing Latitude Law team, especially Gary McIndoe and Anna Sullivan, for expertly handling my passport application. Mine was a very complicated and multi-faceted case, but thanks to the wonderful Latitude Law, I succeeded in getting my passport in a timely manner and would definitely recommend Latitude Law for any immigration or citizenship matters. When working with them, you can rest assured that you are in good hands."
Mr Tom FJanuary 1, 2024Secured settled status
"I would like to thank Jessica Lee and Natasha Willett for their excellent work over the last couple of years. They have helped me secure permanent residence status in the UK and their professionalism has been second to none throughout the process. What really impressed me is that they were prepared to go the proverbial extra mile to achieve the desired result for me. They have been incredibly supportive and easy to work with. Needless to say, I can highly recommend this law firm and would definitely go back to them should I ever need legal advice again."
As the requirements for a Scale-up visa are complex, to ensure success, you should seek specialist advice from an immigration solicitor before you proceed with an application. Latitude Law’s specialist lawyers can advise you about your individual requirements and ensure that the conditions of your employment are compliant with the very latest immigration rules.
Get in touch with our legal team today on 0300 131 6767 or fill out our contact form and we will get straight back to you. Face your future knowing you have the dedicated support of one of our expert lawyers.
An initial visa under this route is valid for 2 years, and the worker will be sponsored by the UK business for 6 months. If applied to extend under this route, it can be unsponsored and for a period of 3 years.
The Scale-up visa can be extended. It can be extended for a further 3 years and can be without sponsorship of a UK business.
There may be an option to request a review of a refusal to grant a scale-up visa. Such reviews may take some time to be decided, so it is wort contacting an immigration expert to discuss your options.
Yes, after holding leave under this route for a 5-year continuous period, you will be eligible to apply for settlement.
The scale-up visa permits an applicant to bring their dependant partners and children as part of this visa. They would be granted leave in-line with the main applicant, and would be eligible to settle after holding leave under this route for a 5-year continuous period.
It is possible to switch to another visa category form the Scale-up visa route. Moving to another visa route would usually start your route to settlement from the beginning. There may still be other options for reaching settlement, so you consider contacting an immigration expert to discuss your options.
Global Business Mobility (GBM) visas provide overseas businesses with various routes to operate in the UK. If your company transfers workers from the EU and other countries to the UK, or wishes to establish a presence here, it is important that you understand what is required of you and how to apply. Failure to make use of the correct visa routes could result in delays to business productivity, costing you time and money.
A Skilled Worker visa is available for skilled workers of all nationalities that have been offered a position from an eligible UK company who is a registered sponsor. This route can lead to settlement and applicants can be joined by dependent partners and children.
Whether you represent a business employing migrant workers, or an educational institution looking for assistance with sponsoring overseas students, the solicitors at Latitude Law will be happy to guide you through the requirements of the Points-Based System (PBS) sponsorship scheme.
