UK Scale-up Visa Guide by Highwood Solicitors
For gifted professionals with the essential expertise, the UK offers the Scale-up Visa. Secured by a qualifying UK Scale-up Sponsor, this pathway ensures that skilled workers contribute to the continued growth of Scale-up businesses in the country. If you’re eyeing this route, it’s imperative to have a high-skilled job offer from a recognised Scale-up business that aligns with the stipulated salary standards.
Pathways to UK Settlement via the Scale-up Visa
- Partnered Application Route: Ideal for first-time applicants, this requires the backing of a sponsoring Scale-up business.
- Independent Application Route: Reserved for those who’ve once enjoyed the privileges of a Scale-up Worker, this pathway doesn’t need sponsorship.
Scale-up Visa Essentials – Partnered Application
For a successful Scale-up Visa application with sponsorship, one must meet the following criteria:
- Be 18 years or older.
- Possess a Certificate of Sponsorship from an eligible Scale-up sponsor, authenticating the proposed role.
- Ensure the job role’s authenticity and its alignment to a suitable skill level, ideally graduate or above.
- Draw a salary matching or surpassing £34,600 annually, in line with the job’s market rate.
- Exhibit English proficiency at CEFR Level B1 (akin to IELTS 4.0).
- Demonstrate financial independence, excluding dependence on public welfare.
- If applicable, submit a valid TB certificate.
Scale-up Visa Essentials – Independent Application
For those eyeing the unsponsored route, ensure:
- A minimum age of 18.
- Previous recognition as a Scale-up Worker.
- Proof of UK-based monthly PAYE earnings equating to at least £34,600 annually or £33,000 (conditions apply) for over half of the most recent Scale-up Worker tenure.
- English competency at CEFR Level B1.
- Financial stability and a valid TB certificate, if necessary.
Do note that conditions can vary based on individual cases. Consulting an immigration solicitor can be valuable.
To deliberate on your Scale-up Visa application, connect with our experienced solicitors at Highwood Solicitors. Reach us at +44 (0) 1206523714 or utilise our contact form.
Diving Deeper: Scale-up Visa Sponsorship Essentials
To secure a Scale-up Visa via sponsorship, the Certificate of Sponsorship plays a pivotal role. Employers keen on sponsoring must be vetted by the Home Office, and there are two major pathways:
- Standard Route: The Home Office assesses the employer’s growth metrics. Key criteria include 20% growth over three years in turnover or workforce and a baseline of 10 employees.
- Endorsement Route: Tailored for emerging businesses, this necessitates validation from an approved endorsing body. They must meet specific benchmarks.
In both scenarios, the employer should hold an A-rated status on the Home Office’s list of licensed sponsors. Multiple other requirements around job details, job authenticity, skill level, salary specifications, and English language capabilities are essential.
The exactitude of earnings, the necessity for genuine employment, and a few specific conditions around the English language and financial requisites also hold paramount importance.
Lastly, while the Immigration Skills Charge isn’t applicable for UK Scale-up Sponsors, those looking to transition from another immigration category to the Scale-up route need to be cautious of the exclusions.
Validity of the Scale-up Visa
When approved for a Scale-up Visa via the Sponsored Application pathway, you’ll be granted a 2-year stay. Upon completion of this tenure, an unsponsored application can be made. If your Scale-up Visa approval is through the Unsponsored Application pathway, you’re entitled to a 3-year stay.
Stipulations for Scale-up Visa Holders
For those on the Sponsored Application path, employment in the initially sponsored job is mandatory for 6 months. Post this, your visa isn’t bound to your sponsoring employer, giving you freedom to continue in the same job without sponsorship or explore other opportunities, including study. However, accessing public funds isn’t allowed.
On the contrary, if you’re approved as a Scale-up Worker via the Unsponsored route, you enjoy full work rights immediately, without being anchored to any employer. Studying is also allowed, but access to public funds is restricted.
Permanent Residency for Scale-up Workers
To attain indefinite leave to remain status as a Scale-up Worker, UK Visas and Immigration requires you to:
- Have 5 continuous years in the UK under valid leave;
- This 5-year term should include permission under routes like Scale-up, Skilled Worker, Global Talent, and others;
- Be currently employed in the UK with a PAYE salary of at least £34,600 annually;
- Have had monthly PAYE incomes equivalent to £34,600 annually (or £33,000 if sponsored before 11 April 2023) for at least 2 of the past 3 years;
- Fulfill the Knowledge of Life in the UK criterion, with exceptions in certain cases.
Earnings through UK’s PAYE are considered. Other income sources won’t be taken into account. Specific work absences, like maternity or sick leave, are considered periods where you earned at least £34,600 (or £33,000 based on sponsorship dates).
Genuine Earnings Verification
For Scale-up Worker settlement, the Home Office verifies the authenticity of your PAYE earnings. If found deceitful, the Scale-up Worker ILR application might be declined.
Family Provisions for Scale-up Visa Recipients
Dependent partners above 18 and dependent children below 18 can accompany Scale-up Visa beneficiaries.
Highwood Solicitors: Your Immigration Experts
The immigration solicitors at Highwood Solicitors specialize in aiding individuals with job offers from recognized UK Scale-up businesses. We ensure a seamless application process aligning with your career aspirations. Furthermore, we aid UK businesses in acquiring and maintaining top-rated sponsor licences.
We are known for our client-centric approach. Our committed team offers transparent and dependable immigration counsel, ensuring a comprehensive and congenial service.
Contact us: +44 (0) 1206523714.