The Scale-up Worker visa allows high-growth businesses to hire overseas talent with greater ease and flexibility compared to other UK work visas.
The UK Scale-up Worker visa, on the other hand, allows qualifying workers to come to the UK to work for an employer initially (first six months) in a sponsored role. However, after the first six months, the Scale Up worker visa holders no longer require sponsorship by their UK employer.
Once the visa is granted, it opens several doors for overseas skilled professionals seeking career opportunities in the UK.
Scale-up workers enjoy certain rights, but they also have to meet certain responsibilities as visa holders.
The Scale-up Worker visa was launched in August 2022. The visa was designed to support high-growth businesses in accessing global talent. It allows qualifying businesses to sponsor skilled workers from overseas for job roles that are essential to their growth.
Most UK work visas often tie employees to their sponsoring employer for the entire duration of their stay. The Scale-up Worker visa, unlike the other work visas, offers greater flexibility to the employees after an initial six-month period.
Applicants must satisfy specific criteria to qualify for this visa. For example, they must have received an eligible job offer with a valid CoS (Certificate of Sponsorship) from an approved scale-up business, usually be paid an annual salary of at least £39,100 or the full ‘going rate’ for the occupation code – whichever is higher, and, unless exempt, demonstrate their knowledge of the English language.
Scale-up Workers enjoy several rights that separate this visa from other work visas. These rights are designed to provide flexibility to Scale-up workers while ensuring at the same time that they can contribute meaningfully to the UK economy.
Some of these rights available to the Scale-up worker visa holders include the following:
One of the most attractive features of the Scale-up Worker visa compared to other work visas, such as the Skilled Worker visa, is its flexibility to change work, employer, or both. Visa holders, during the first six months, need to work for their sponsoring UK employer in the role defined on their CoS. However, after the first six months, they have the freedom to switch jobs without requiring a new job sponsorship or even choose not to work at all.
This level of flexibility makes the Scale-up Worker visa the most popular among UK work visas and appeals particularly to highly skilled professionals who may want to explore different opportunities or even set up their own startups or businesses.
UK Scale-up Worker visa holders can bring their dependant family members to join them in the UK. Eligible dependants who can apply to join their primary visa holder include spouses or partners and children under 18. If these family members are granted visas, they are allowed to live and work in the UK without limitations. This allowance enables workers to move to the UK with their family members and establish a secure life in the country.
The visa allows its holders to pursue educational opportunities available to them while living in the UK as Scale-up workers. They can choose whether to enroll in short-term courses or pursue higher education degrees, as the visa provides them the freedom to study alongside their professional commitments.
During their visa validity period, Scale-up Worker visa holders can freely travel outside the UK and return without restrictions. Because of this freedom, it becomes easier for them to visit their family abroad or attend any international business engagements without jeopardising their UK immigration status.
Scale-up Worker visa leads to indefinite leave to remain (also known as ‘settlement’) in the UK. Individuals can apply for ILR after having five years of continuous residence in the UK under qualifying visa categories, including time spent on a Scale-up Worker visa.
Once ILR status is granted, it provides its holders with permanent residency in the UK and the freedom to live and work in the UK without immigration restrictions. They may also qualify for British Citizenship after holding ILR for 12 months.
Apart from enjoying various rights, Scale-up Worker visa holders also have some responsibilities to fulfil. They must adhere to the UK immigration rules and conditions of leave associated with their visa, and fulfil the job duties. They should also maintain valid, up-to-date documents, cooperate with their employer, and not try to access public funds.
Scale-up workers must comply with all conditions associated with their visa specified by UKVI (UK visas and immigration). This includes working only in eligible job roles (they cannot work as a professional sports coach or sportsperson) at the required skill level (graduate level or above) during their sponsorship period (first six months). If they change their employer within the first six months, they must apply to update their visa.
Scale-up Worker visa holders must work in the role they were employed for, contributing to the growth of their high-growth scale-up business.
Scale-up Worker visa holders should keep all of their documents up-to-date. If they want to remain in the UK beyond the end date of their scale-up worker visa, they must apply before their current visa expires to extend their existing visa or switch to another visa with their up-to-date documents.
Scale-up businesses sponsoring workers under this route must, as part of their sponsor duties, report to the UKVI any significant change related to the sponsored workers. For example, reporting a worker’s prolonged absences or changes in their job roles during their sponsorship period.
The Scale-up Worker Visa holder’s responsibility in such a scenario is to cooperate fully with these reporting requirements.
Scale-up Worker visa holders should not try to access public funds because they are not entitled to claim most public funds or state benefits, including welfare benefits such as housing assistance or Universal Credit during their stay in the UK.
We are UK immigration specialists. Our team of immigration experts supports UK Scale-up Worker visa applicants to understand their rights and responsibilities if they are granted the visa. We advise individuals on making their first Scale-up Worker visa applications, looking to extend it, or planning their next steps towards settlement.
Our team provides them with clear and tailored guidance to help them submit a strong Scale-up visa application and avoid delays or refusals.
Contact us at +44 (0)20 3411 1261 for expert advice.
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