UK Scale Up Worker Visa - Validity, Eligibility Requirements & Application Process

The Scale-up visa route was introduced on 22 August 2022. This route allows a fast-growing UK business (sometimes called a ‘scale-up business’) that has demonstrated a sustained period of growth to sponsor talented individuals with the skills needed to enable that business to continue growing. 

Unlike other sponsorship work routes, a person on the Scale-up route is only required to work for their sponsors for a 6-month initial period, and they are free to also take other types of employment during this 6-month period, provided they continue to undertake their sponsored job. When the sponsored period ends, the sponsor's duties fall away, but the person can remain employed by the sponsor, or they can leave their sponsor’s employment. 

Dependent partners and dependent children of the Scale-up worker can apply for this route.

Scale-up Worker visa is a route to ILR or settlement in the UK.

Validity requirements for the Scale-up route

The applicant applying to obtain entry clearance to the UK or permission to stay here on the Scale-up Worker route must apply online on gov.uk using the specified application form. 

Applicants applying from outside the UK will have to apply using the “Scale-up visa” form, and applicants applying from inside the UK will have to apply using the form “Scale-up”.

An application for obtaining entry clearance to the UK or permission to stay here on the Scale-up Worker route must fulfil all the following requirements:

• The applicant must be 18 or over at the time of their application.

• Any visa application fee and IHS (Immigration Health Surcharge) must have been paid; 

• The applicant must have enrolled their biometric information when required. 

• The applicant must have given a valid passport/other travel document to establish their nationality and identity.

• If the applicant is making a sponsored application, they must have a CoS (Certificate of Sponsorship) issued to them no more than 3 months before the date of their application;

• If the applicant for this route has, in the last 12 months prior to the date of their application, received an award from an International Scholarship agency or Government covering their fees as well as living costs for study in the UK, they must submit written consent to the application from that agency or Government.

The person applying for permission to stay as a Scale-up Worker must, on the date of application, be in the UK.

A person cannot apply to switch to the Scale-up Worker visa if they are currently in the UK on:

• A UK visitor visa

• A UK short-term student visa

• A UK Parent of a Child Student visa

• A UK Seasonal Worker visa

• A UK domestic worker in a private household visa

• Outside the Immigration Rules.

Anyone in the UK with one of the above visas must leave the UK and apply for a UK Scale-up Worker visa from abroad.

The person who is applying for permission to stay and currently has, or last had, permission as a student, must satisfy one of the conditions below when they apply:

(a) They must have completed the course of study for which they were assigned CAS (Confirmation of Acceptance for Studies) or a course to which Appendix Student – Paragraph ST 27.3 applies; or

(b) They must have completed at least 24 months of study on their full-time course with a HEP (Higher Education Provider) if the course was leading to a PhD award 

Any application that does not satisfy all the validity criteria as a Scale-up Worker may be rejected as invalid and not considered.

Suitability requirements for the Scale-up worker route

The applicant must not fall for refusal under the Immigration Rules - Part Suitability.

Those applying for permission to stay must not be:

(a) in breach of UK immigration laws, except that where the section called “Exceptions for overstayers” under the Immigration Rules - Part Suitability applies; or

(b) on immigration bail.

Eligibility requirements for the Scale-up Worker route

The applicant seeking permission to come to the UK as a Scale-up Worker must apply for and obtain entry clearance before arriving in the UK.
To qualify for the Scale-up Worker route, the applicant must have got a confirmed job offer to work for an approved scale-up business in the UK for 6 months or more, a CoS from their employer which contains the information about the job role they have been offered in the UK, a job offer to do an eligible job, and be paid a minimum salary in their new job.

Unless exempt, the applicant will also be required to fulfil the English language requirements.

The UK Scale-up Worker route falls under the Point-based system, where the applicant must be awarded 70 points.

1. Genuineness requirement

For an entry clearance or permission to stay application, the UKVI must be satisfied that the applicant genuinely intends to undertake the role described on the CoS (Certificate of Sponsorship) and is capable of undertaking this role described on the CoS.

2. The applicant’s job requirement

The applicant must have an eligible job for this visa, be working for a Home Office-approved UK scale-up business, meet the salary requirements, and be working in their sponsored job for at least 6 months.

An eligible scale-up business

The applicant’s employer must:

• have been endorsed by an approved body/endorsing body; or 

• be an eligible fast-growing business (sometimes called a ‘scale-up ‘businesses)

A business can be an eligible fast-growing business if, in the 3-year period immediately prior to being approved by the Home Office to sponsor scale-up workers, they have:

• grown by 20% on average in each year in either total sales (turnover) or employment; or 

• had at least 10 employees at the start of the 3-year period 

If the applicant already has a job offer from an approved employer

The applicant’s employer/sponsor will check that the applicant fulfils the eligibility requirements. The sponsor will give them a CoS (Certificate of Sponsorship) to prove this.

The CoS must confirm the applicant’s name, details of their job and salary the Sponsor is offering them and PAYE details, and other details. 

The CoS is an electronic record that has a unique reference number. The applicant will be required to add this reference number to their Scale-up Worker visa application. The applicant must apply for their Scale-up Worker visa within 3 months of receiving their CoS.

3. Salary requirements

The applicant will need to be paid either £39,100 per year or the ‘going rate’ for the type of work they will be doing, whichever is higher. 

4.  Financial requirements 

Before applying to obtain entry clearance or permission to stay on the Scale-up Worker route, the applicant must have £1,270 or more held for 28 consecutive days, or their sponsor must confirm on the CoS that they will, if it is necessary, maintain and accommodate the applicant for the first month of their employment for the amount of £1,270 or more.

Those who, on the date of their application, have been residing in the UK with a valid UK visa for at least 12 months are not required to show proof of this fund.

Compliance with the NMW (National Minimum Wage) and the Working Time Regulations 

The job role for which the worker is being sponsored must comply with the National Minimum Wage Regulations 2015 as well as the Working Time Regulations 1998 to the extent either of these regulations applies. 

Any application seeking entry clearance or permission to stay on the Scale-up Worker route will be refused where the decision maker has reasonable grounds to believe the role does not comply with the National Minimum Wage Regulations 2015 and/or the Working Time Regulations 1998. 

They will also consider revoking the employer’s sponsor licence if they find the employer is breaching these regulations.

5. English language requirement

Unless exempt, the applicant must show their English language proficiency on the CEFR (Common European Framework of Reference) for Languages in all 4 components (speaking, reading, writing, and listening) of at least B2 level (intermediate).

Documents Required

The applicant will be required to provide: 

• Their CoS reference number – this will be given by their sponsor 

• Their occupation's code, job title, and annual salary

• Their employer’s name and sponsor licence number, which will be mentioned on their CoS

• Their valid passport (with a blank page in it) or other travel document showing their identity and nationality

• Proof of their knowledge of English 

• Evidence such as bank statements that show the applicant has sufficient savings to support themselves in the UK

• A valid ATAS (Academic Technology Approval Scheme) certificate if their employer tells them that they need one because their job involves researching a sensitive subject at PhD level or higher

•  A valid ATAS (Academic Technology Approval Scheme) certificate if their employer tells them that they need one because their job involves researching a sensitive subject at PhD level or higher

• Proof of their TB (Tuberculosis) test results if they are from a country where they have to take this test

The UKVI may ask the applicant to provide additional documents. 

Any documents not in English or Welsh must be submitted with a certified translation.

Applying for an entry clearance on the Scale-up Worker route

The applicant must apply online, and no more than 3 months before the day they are due to start work in the UK. This date is listed on their CoS (Certificate of Sponsorship).

They will have to prove their identity as part of their Scale-up Worker visa application. Depending on where they are from and what type of passport they hold they will have their biometric information (fingerprints and facial photograph) taken at a VAC (Visa Application Centre) or they can use the ‘UK Immigration: ID Check’ app to scan their identity document – they will also create their UKVI (UK Visas and Immigration) account or sign into their existing UKVI account.

On the appointment date, the applicant will need to carry their passport to the VAC. They will be able to collect it the same day.

Pay the visa fee and the IHS (Immigration Health Surcharge)

The applicant will need to pay the visa application fee of £880 and an immigration health charge, which is usually £1,035 per year.

Provide the documents

The applicant can upload their documents along with their online application or have them scanned at the VAC (if attending an appointment to enrol their biometrics).

Applying to switch to (permission to stay) the Scale-up Worker route

The applicant must apply online from within the UK before their current UK visa expires.  

They will have to prove their identity as part of their visa application. Depending on where they are from and what type of passport they hold they will have their biometric information (fingerprints and facial photograph) taken at a UKVCAS (UK Visa and Citizenship Application Service) service point or they can use the ‘UK Immigration: ID Check’ app to scan their identity document – they will also create their UKVI (UK Visas and Immigration) account or sign into their existing UKVI account.

On the appointment date, if applicable, the applicant will need to carry their passport to the UKVCAS. They will be able to collect it the same day.

Pay the visa fee and the IHS (Immigration Health Surcharge)

The applicant will need to pay the visa application fee of £880 and an immigration health charge, which is usually £1,035 per year.

Provide the documents

The applicant can upload their documents along with their online application or have them scanned at the UKVCAS (if attending an appointment to enrol their biometrics).

Getting a decision on an application for a Scale-up Worker visa

After having applied online, proving identity, and providing the documents, the applicant will normally get a decision on their application for entry clearance within 3 weeks, and those who have applied for the Scale-up Worker visa extension will normally get a decision within 8 weeks.

If the application is complex and will take longer, they will be contacted, for example, because:

• The applicant is applying with a family member who needs an appointment, but the applicant does not

• UKVI needs to verify the documents of the applicant

• The applicant is required to attend an interview

• Of the applicant’s personal circumstances (for example, if they have a criminal conviction)

If the decision maker is completely satisfied that the applicant has fulfilled all the suitability and eligibility criteria for the Scale-up Worker route, the application will be approved; otherwise, the application will be refused. 

Validity of the visa if the application for entry clearance or switching to the Scale-up Worker route is approved

The applicant can stay for 2 years if they come to the UK on a Scale-up Worker visa or switch to this route from another UK visa while in the UK.

Validity of the visa if the application to extend the Scale-up Worker visa is approved

The applicant can stay for another 3 years in the UK if their application for permission to stay (extension) on the Scale-up Worker route is approved.  As long as the applicant continues to satisfy the eligibility criteria, they can apply to extend permission on this route as many times as they wish. 

During the first 6 months of their stay

The Scale-up Worker cannot change employers unless they apply to update their visa.

Those who start a different, eligible job with the same employer do not need to update their visa.

After 6 months

The Scale-up Worker can continue working in their job, change or stop doing their job without telling the Home Office, or be self-employed

They are not required to update their visa.

The Scale-up Worker can extend their visa without the need for a new sponsor when their current visa expires. They must meet the earnings requirements.

Applying for a partner and children

If eligible, the UK Scale-up Worker visa applicant’s or the Scale-up Worker visa holder’s partner (husband/wife or civil partner) and children (aged under 18 - including if they were born in the UK during the worker’s stay in the UK or children aged over 18 if they currently have permission (‘leave to enter’ or ‘remain’) to be in the UK as the lead applicant’s dependant), can apply to join them (entry clearance) or stay (permission to stay) in the UK as their ‘dependants’. 

The lead applicant must give documentary evidence of their relationship with their dependent partner and dependent children. For example, a marriage/civil partnership certificate for the partner and a birth certificate for a child.

Upon approval of the visa application as a dependent partner and dependent child, their visa will usually end on the same date as the primary applicant. A child’s visa will end on the earlier date if their parents' visa expiry dates are different. 

The partner and children applying as dependents must also have a required amount of money to support themselves in the UK.

The applicant - or their partner or child - will need:

• £285 for their partner

• £315 for one child

• £200 for each additional child

How can Visa and Migration help?

Our business immigration lawyers have expertise and experience in assisting UK businesses and foreign nationals looking to come to the UK or stay here on the UK Scale-up Worker route. 

If you are an employer/sponsor, we can help you with checking if you fit the scale-up business criteria therefore you are an eligible organisation for this route, applying for and obtaining a Scale-up Worker sponsor licence for employing/sponsoring a overseas person on this route, and if you are already an approved sponsor, we make sure that you offer and eligible job, pay the required salary, meet the minimum wage and working hour conditions, conduct the right-to-work check before starting the employment, and fulfil your other sponsor duties before, during, and after sponsoring a Scale-up Worker to maintain your sponsor status and ability to assign further CoS.

We help you apply for an endorsement to the appropriate endorsing body and get an endorsement letter from them to ensure your business is fit for this route. 

On the other hand, if you are an applicant, we help you in assessing and ensuring you fulfil the eligibility and suitability requirements for this visa, have a valid CoS, will be paid the required salary, make a valid application, provide the necessary documents, and ensure that any visa refusal is handled appropriately.

For expert advice and queries, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com