Scale-up Visa UK | Application Guide.
If you are not familiar with UK visas, the Scale-up Worker visa can sound confusing just from the name alone. What is a "scale-up" business? Why does it need its own visa? And is it actually different from the other work visas you might have heard of?
This post explains everything you need to know about the Scale-Up visa so you can understand exactly what this visa is, who it is for, and how it works.
What Is the Scale-up Worker Visa?
The Scale-up Worker visa lets you come to the UK, or stay in the UK, to do a skilled job for a fast-growing UK business, sometimes called a "scale-up business". Your employer needs to meet specific eligibility criteria before they are allowed to sponsor workers on this route.
An important factor that makes this visa stand out is flexibility. For the first six months, you are sponsored by your sponsoring employer, much like other sponsored work visas. But after those six months, you are free to stay with your employer, change jobs, take on extra work, become self-employed, or even leave your sponsoring job altogether, all without needing a new visa.
Why Does This Visa Exist?
Fast-growing UK companies often need to hire skilled people quickly, and traditional sponsored work visas can feel restrictive for both the employer and the worker since they usually require that you be sponsored by one employer for the whole length of your stay.
The scale-up route was designed differently. It only requires sponsorship for the first six months, then gives you the freedom to move around the UK job market. This suits both sides: the business gets to bring in the talent it needs to grow, and the worker is not restricted if their circumstances or career plans change.
To qualify as a scale-up business, in the three years right before being approved as a sponsor, the employer must have the following:
grown by 20% on average each year; this is measured either by staff numbers or turnover
had at least 10 employees at the start of that three-year period
Only businesses that meet this growth test, or that have been endorsed by an approved body, can sponsor workers on this route.
Two Ways to Get a Scale-up Visa.
There are two different ways to qualify for this visa, depending on where you are in your journey.
The sponsored route is for anyone applying for the first time. You need a job offer and a certificate of sponsorship from an approved scale-up employer, just like we cover below.
The unsponsored route is only available if you have already held a Scale-up visa before. Instead of needing a new job offer or sponsor, you simply need to show that you have been earning above the required salary level for at least half of your last period of permission. This route exists because, after your first six months, you are no longer tied to your original employer, so by the time you come to extend your stay, you may not need sponsorship at all anymore.
Who Can Apply: Employee’s Eligibility.
To qualify for a scale-up worker visa, as an employee you must meet all of the following:
have a confirmed job offer to work for an approved scale-up business for at least 6 months
have a certificate of sponsorship from your employer, confirming details of the role you have been offered
have a job offer for a role that is on the list of eligible occupations
be paid at least the minimum salary required for your role
You will also need to prove your knowledge of English, usually by passing an approved test, unless you qualify for an exemption.
And if you have not been living in the UK with valid permission for at least 12 months, you will normally need to show you have at least £1,270 in savings, held for 28 days in a row, to prove you can support yourself when you arrive.
If you are applying through the unsponsored route because you have held this visa before, the requirements are slightly different. Rather than a job offer, you need to show that your UK earnings, paid through PAYE, have averaged at least £36,300 a year for at least half of your last grant of permission. Earnings from self-employment or from outside the UK do not count towards this.
How Your Employer Qualifies as a Sponsor.
It is worth understanding a little about how your employer gets approved, as this may impact the success of your own application.
There are two ways a business can become an approved scale-up sponsor:
The standard pathway. The Home Office checks the business's actual growth using information already held by HMRC. The business must show it grew by at least 20% a year, on average, over the past three years, in either staff numbers or turnover, and that it had at least 10 employees at the start of that period.
The endorsing body pathway. This is for businesses that cannot yet prove three years of strong HMRC history, perhaps because they are newer, but they can show real potential to hit that growth level within the next four years. In this case, an approved endorsing body reviews the business and confirms whether it should qualify.
Once approved, your employer needs to hold an "A-rated" sponsor licence to be allowed to issue you a certificate of sponsorship.
The Genuine Job Requirement.
The Home Office will not simply take your job offer at face value. They check that the role is genuine, meaning it is a real job that actually needs doing, rather than something created mainly to help someone get a visa. They also check that your skills, qualifications and experience reasonably match the role you have been offered, and they look at whether your employer has a track record of following immigration rules properly. If they have reasonable doubts on any of this, your application can be refused, even if everything else looks fine on paper.
How to Apply, Step by Step.
The process for applying from outside the UK generally follows these steps:
Confirm your employer is an approved scale-up sponsor and that your role appears on the eligible occupations list.
Receive your certificate of sponsorship from your employer, confirming your role, salary, and start date.
Contact Salem Legal Services to guide you through your application.
If you are already living in the UK on a different visa, you may be able to switch into the scale-up route instead of applying from abroad, provided you meet the switching conditions set out by the Home Office.
What It Costs.
When you apply for a scale-up worker visa, you need enough money to cover the following:
the £880 application fee
the Immigration Health Surcharge, usually £1,035 per year
at least £1,270 in savings to support yourself when you arrive, unless you are exempt
You will be told the exact amount you need to pay at the point you apply, since fees are reviewed and can change.
What Happens Once You're Granted the Visa.
Once your visa is granted, your first period of permission usually lasts 2 years. During that time, you can:
work in your sponsored job for at least the first 6 months
leave your sponsored job after 6 months and move to a different one
study
take on additional work, including becoming self-employed
do voluntary work
bring your partner and children with you as your dependants, if they are eligible
travel abroad and return to the UK
There are a couple of restrictions to be aware of. You cannot claim most public funds (benefits), and you cannot work as a professional sportsperson, such as a sports coach.
If you want to stay in the UK beyond your first 2 years, you can apply to extend your visa, and there is no set limit on how many times you can do this, as long as you continue to meet the eligibility requirements at each extension. After 5 years of continuous permission on qualifying routes, including scale-up, you may become eligible to apply to settle permanently in the UK, known as Indefinite Leave to Remain, provided you meet the salary and residence requirements at that point.
Dependants of Scale-up Visa Applicants.
Scale-up visa holders can be joined or accompanied by a dependant partner over the age of 18 and dependant children under the age of 18.
What Happens If You're Not Granted the Visa?
If your application is refused, the Home Office will send you a decision letter explaining the reasons. Common reasons for refusal include the employer's occupation code being incorrect, the salary not meeting the required threshold, or the Home Office having concerns about whether the job offer is genuine.
Depending on the circumstances of your refusal, you may have the option to reapply once the issue is corrected or, in some cases, to request an administrative review if you believe a mistake was made in the decision. If your application is refused, we can discuss with you what your options are.
Frequently Asked Questions?
Do I need a job offer to apply for the scale-up visa? Yes. You must have a confirmed job offer from an approved scale-up business, along with a certificate of sponsorship confirming the details of your role if you are applying for the first time.
Can I change jobs once I have the visa? Not straight away. You need to stay in your sponsored job for at least the first 6 months. After that, you're free to change employer, take on extra work, or become self-employed without needing a new visa, although you will still need to meet the salary requirements when it comes to extending your visa.
How long can I stay in the UK on this visa? Your first grant of permission is usually 2 years long. You can then extend it by 3 years at a time, as many times as you like, provided you still meet the requirements.
Can this visa lead to settlement in the UK? Yes. After 5 years of continuous permission on qualifying routes, you may be able to apply for indefinite leave to remain, provided you meet the salary and residence conditions.
Can my family come with me? Yes. Your partner and children can apply to join you as your dependants, either at the same time as you or later, as long as they meet the eligibility requirements.
How is this different from the Skilled Worker visa? The main difference is flexibility after the first six months. A skilled worker visa ties you to your sponsoring employer for the full length of your stay, while the scale-up visa only requires sponsorship for the first 6 months, after which you can move freely between jobs.
What happens if my employer is not an approved scale-up sponsor? You will not be eligible to apply under this route. Based on your circumstances, we can discuss with you other visa options you might be eligible for.
How can we help?
The scale-up worker visa is one of the more flexible UK work visa routes since it does not restrict you to one employer for years at a time. If you would like help understanding whether the scale-up visa is the right route for you, get in touch at enquiries@salemlegalservices.com or 07347 258896 or book a consultation with us
This article is for general information only and does not constitute legal advice. Immigration rules, fees and salary thresholds are reviewed regularly and can change, so always confirm current requirements before you apply or speak to a qualified adviser about your own circumstances.
