UK Scale-up Visa Route – Overview & Guidance

UK Scale-up Visa Route – Overview & Guidance

The Scale-up visa route allows high-growth businesses to sponsor workers in the UK for highly skilled roles. This route offers fast-growing organisations an easier and more business-friendly way to recruit highly talented migrants.

This article provides an overview and guidance on the Scale-up visa route for UK businesses and overseas workers.

What is the Scale-up route?

The Scale-up visa route is designed for a UK business with a valid Scale-up Sponsor Licence to recruit bright and talented migrant workers to enable the business to continue to grow.

What business qualifies for the Scale-up Sponsor Licence?

To meet the requirements for the Scale-up Licence, a UK business will need to demonstrate that they have:

  • an annualised growth of at least 20% for the previous 3-year period based on either employment (staff count) or turnover; and
  • had a minimum of 10 employees at the start of the relevant 3-year period.

Unlike other sponsor routes, a business applying for the Scale-up Licence is not normally required to submit supporting documents as the Home Office will directly check PAYE information and VAT returns submitted to HMRC to assess whether the requirements are met. This provides an easier and more streamlined route for businesses to recruit highly skilled migrant workers.

How long is the Scale-up Licence valid for?

The Scale-up sponsor licence is valid for 4 years. Importantly, unlike other work-sponsored routes, a business cannot renew the Scale-up licence beyond 4 years.

If your business requires skilled overseas workers after this period (or if you do not qualify for this route) you can apply to be licenced on another route, such as the Skilled Worker Sponsor route.

What happens after Scale-up Licence is granted?

Once the licence is granted, a Certificate of Sponsorship can be assigned to the migrant worker. The migrant worker will then need to make a Scale-up visa application.

Who can be sponsored on the Scale-up visa?

The worker must have a job offer for at least 6 months from a qualifying Scale-up sponsor in an occupation skilled to at least RQF 6 with a salary that is equal to or exceeds: £33,000 per year, £10.10 per hour and the full ‘going rate’ for the occupation code.

What are the requirements for the Scale-up visa?

To qualify for the Scale-up visa, the key requirements are that the applicant:

  • must be aged at least 18 or over on the date of application;
  • must have a valid Certificate of Sponsorship, issued by a licensed Scale-up Sponsor;
  • must be sponsored for a role that meets the genuineness requirement;
  • must prove they have English language skills at level B1 or above on the Common European Framework of Reference for languages in all 4 components (speaking, listening, reading and writing);
  • must meet the financial requirement; and
  • if they were previously an officially sponsored student, has the consent of that sponsor to make the application.

If the applicant makes a successful application as a sponsored Scale-up Worker, they will initially be granted a Scale-up visa for 2 years.

What happens after the initial 6 months of employment?

Although the visa will be granted for 2 years initially, businesses will only sponsor the worker for the first 6 months of their visa. Following this period, the employee can continue to work for the business without being sponsored or can leave their employment.

What happens at the end of the 2-year Scale-up visa?

At the end of the 2-year grant of permission, the worker can make an unsponsored application and be granted permission on the route for a further 3 years.

What is the unsponsored route and who can apply?

In order to qualify for the unsponsored route, the applicant must already have permission as a Scale-up Worker and PAYE earning in the UK equivalent to at least £33,000 per year.

What are the key advantages of this route?

Advantages to UK businesses

  • A business is only required to sponsor the worker for 6 months.
  • The worker can continue working for the business after 6 months without being sponsored, reducing sponsorship reporting obligations.
  • Businesses will not be required to notify the Home Office when the Scale-up migrant leaves employment after the initial 6 months.
  • There is no Immigration Skills Charge for this route.
  • Businesses may not be required to submit supporting documents, saving admin time and costs.
  • Home Office fees are significantly less in comparison with the Skilled Worker route.

Advantage to employees

  • A Scale-up worker can change job or employer after 6 months without requiring a new sponsorship, provided they continue to meet the requirements of the Scale-up route.
  • The Scale-up worker can be accompanied or joined by their partner and/or children.
  • A Scale-up worker can study under this visa route (subject to Academic Technology Approval Scheme requirements).
  • The worker can take on additional work, including becoming self-employed or doing voluntary work.
  • At the end of the 2-year permission, the worker can make an unsponsored application and be granted permission on this route for a further 3 years.
  • There is no limit on the number of times a person can be granted on the Scale-up route.
  • After 5 years of continuous residence in the UK on this route (or in combination with another eligible route, or eligible routes), A Scale-up Worker and eligible dependants can apply for Indefinite Leave to Remain.

For more information about the Scale-up visa route, contact our Corporate Immigration team for expert and customised immigration advice on +44020 3588 3500.

Saracens Solicitors’ immigration team has been advising businesses on all aspects of UK immigration law for over 16 years. We work directly with businesses in the UK and overseas to provide tailored and strategic advice that ensures that the immigration requirements are met. We have established a market-leading reputation for delivering exceptional client services.

Continue Reading

Zero-Hour Contract Ban & What It Means For You

The UK employment landscape is poised for a seismic shift. As a trainee solicitor specialising in employment law, I’ve been closely following the developments surrounding the proposed ban on zero-hours contracts, as outlined in the recent Employment Rights Bill. This landmark legislation, if passed, will fundamentally alter the way many businesses operate and how millions […]

UK Employment Rights Bill 2024: A Landmark Shift in Workers’ Rights

The UK employment landscape is on the cusp of a major transformation with the introduction of the Employment Rights Bill. Heralded as the most significant upgrade to workers’ rights in a generation, this bill brings a raft of changes aimed at improving job security, enhancing family-friendly provisions, and promoting flexible working. Let’s delve into the key […]

UK Employment Law: New Government, New Updates

The UK general election is over and there is a new government in town, and they have proposed significant changes to look out for regarding employment law. Their comprehensive agenda aims to simplify employment status, extend worker rights, ban zero-hour contracts, and bolster protections against redundancy and unfair dismissal. Here’s a closer look at the […]

Flexible Working Bill – Key Things Employers Need To Know

The Employment Relations (Flexible Working) Bill received Royal Assent on 20th July 2023, bringing in a number of changes to the current rules around statutory flexible working requests. These changes are designed to make it easier for employees to request flexible working arrangements and to give them more control over their work-life balance. They are also expected […]

Top Tips On How To Draft Your Employment Contract To Avoid Employee Disputes

When it comes to saving time and money, nothing beats a pre-emptive strike when it comes to avoiding employee disputes. Having strong, solid policies in place right from the start of an employment agreement can save you a mountain of trouble in the long-term. Why is this? Because ultimately, human beings are complex, irrational creatures, […]

UK Employer Rights, Guidance and Advice – Coronavirus (COVID-19)

COVID-19 is having a devastating impact on all businesses and in particular, you, the employer. We understand how you will be faced with the problem of trying to keep key staff whilst being worried about cash flow to pay them or pay rent monies to the landlord and so on. What can you do? Do […]

The Pension Act 2008 – What Employees Need To Know

The Pension Act 2008 is the Governments way of telling the people of the United Kingdom that we are not saving enough. Millions of people don’t save for retirement because a significant portion of the UK has low financial literacy and little understanding of the pension system. This often affects those on the lower end […]

A Victory For The Rule of Law – Supreme Court Declares Employment Tribunal Fees Unlawful

Employees who have been hindered from bringing a claim against their employer in the Employment Tribunal because they cannot afford the fees were handed an absolute victory in July this year, when the Supreme Court in R (on the application of UNISON) v Lord Chancellor[1] ruled the fees unlawful. The finding is a salutary reminder […]

Why are Women Still Paid Less Than Men?

According to recent research, women still earn about 18% less than men on average, 46 years after the first Equal Pay Act was passed in 1970 despite former Prime Minister David Cameron vowing that the government would close the pay gap within a generation. Women’s fight for equal pay has been a long and bitter […]

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

Name(Required)