The Scale-up Visa route comes into force today on 22 August 2022. The Scale-up Visa is a key visa route in the Home Office Plan for Growth, which intends to simplify existing routes and to promote the UK as a destination for international talent.
The Scale-up route offers exciting opportunities for businesses who are recruiting for highly skilled roles. It will be of particular interest to businesses within the UK's technology sector who are struggling to recruit qualified workers as it offers individuals flexibility that the Skilled Worker visa lacks.
Scale-up route
This two-stage route is for talented individuals recruited by a UK Scale-up sponsor who have the skills needed to enable the sponsor to continue to grow.
The UK Scale-up sponsor must be a Licensed Sponsor and in addition show annualised growth in either turnover or staffing of at least 20% for the previous three-year period and that they had a minimum of 10 employees at the start of the period. There is a cost benefit to this route with the sponsor not required to pay the Immigration Skills Charge - which could result in savings of up to £5,000 in comparison to the Skilled Worker visa route.
An application under this route will need to be made from outwith the UK for the initial sponsored stage. For at least the first 6 months of their 2-year permission to stay, the applicant must work for their Scale-up sponsor. After this period, they are free to undertake other work including self-employment in the UK. This is a significant change from other sponsored routes and while Sponsors may be concerned that workers on this route will leave their employment after the initial 6 months period, it is an opportunity to offer a more flexible visa option to attract highly skilled workers.
A second unsponsored application can be submitted in the UK, subject to the applicant meeting the unsponsored requirements. An application for settlement can be made after 5 years’ permission to stay under this route.
The applicant’s dependent partner and children can apply on this route provided they meet the eligibility requirements including but not limited to the additional financial requirements of holding further funds for their partner and children to accompany the main applicant.
Requirements - First Stage – 2 years leave to remain - Sponsored Application
- Sponsorship by an A-rated licensed sponsor and the sponsor must be authorised to sponsor the job under the Scale-up route
- Job must be at the appropriate skill level – minimum skill RQF Level 6 (equivalent to a Bachelor’s degree)
- Appropriate Salary of at least £33, 000 per annum
- English Language Requirement at level B1
- Financial Requirement either their Sponsor must confirm that they will if necessary maintain applicant for their first month of employment or the applicant must show that they have funds of at least £1, 270 for a 28-day period if the application is being made from outside the UK or if the applicant has been in the UK for less than 12 months
Requirements - Second Stage – 3 years leave to remain - Unsponsored Application
- The applicant must show that their UK PAYE earning during their permission on the Scale-up route are the equivalent of at least £33, 000 per year for at least 50% of the time they have held leave as a Scale-up Worker
- Financial requirement to show that they have funds of at least £1, 270 for a 28-day period however this is not required if the applicant has been in the UK for 12 months or more
Requirements - Settlement
- Last grant of leave to remain is a Scale-up Worker
- 5 years’ continuous leave to remain in the UK with one of or a combination of the following routes: 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)
Individuals and business who require further information and advice in respect of applying for a Sponsor Licence and for the Scale-up visa should contact our specialist Immigration team on 03330 430350 for further information and advice.
