Scale-up Worker Visa

The Scale-up Worker Visa is a pathway for international talent to join rapidly expanding UK companies, known as ‘scale-up businesses,’ for a job duration of no less than six months. Initiated on August 22, 2022, this visa category is part of an initiative to streamline the process for high-growth UK firms to recruit top-tier skilled workers globally. A distinctive aspect of this visa is the flexibility it offers; after six months of employment in their sponsored position, visa holders have the option to transition to a different role without sponsorship.

Eligibility for the UK Scale-up Visa hinges on securing a job offer and receiving a Certificate of Sponsorship (CoS) from a verified sponsor or employer. The employer must be undergoing a phase of significant growth. While we, as immigration attorneys, cannot assist in job searches within the UK, we are equipped to provide guidance through the visa application process once a job offer from a qualifying scale-up business is in hand.

Recipients of the Scale-up Visa are initially allowed to reside in the UK for two years, with the possibility of extending their stay by another three years. Following a continuous five-year period in the UK under the Scale-up Visa, individuals may then seek Indefinite Leave to Remain (ILR), provided they have not spent over 180 days outside the UK in any 12-month span within those five years.

UK Scale-up Visa Eligibility Criteria

Prospective applicants for the UK Scale-up Visa must fulfill the following eligibility criteria:

  • Secure a job offer from a Home Office-approved scale-up business, with the role lasting at least six months.
  • Obtain a Certificate of Sponsorship (CoS) from the hiring employer.
  • Have a position that is included on the list of eligible occupations.
  • Satisfy the minimum salary threshold, which is set at £36,300 annually or the applicable ‘going rate’ for the specific job.
  • Prove English language proficiency.
  • Demonstrate adequate personal financial resources for self-support.

Definition of Scale-up Companies/Businesses

A scale-up company, or business, is defined as an entity that has achieved the following in the three years prior to obtaining a sponsor licence from the Home Office:

  • An annual growth of 20% in employment numbers or total sales (turnover).
  • A starting point of at least 10 employees at the beginning of this three-year period.

For the issuance of a Certificate of Sponsorship, scale-up businesses must be listed as A-rated on the register of approved UK sponsors, which can also be referred to as the list of scale-up visa UK companies.

Qualifying Roles for the Scale-up Visa

To be considered for the scale-up visa, your employment must fall within the designated list of eligible occupations. Your employer should provide the specific four-digit occupation code for your role, which can be used to verify if your position qualifies.

Scale-up Visa Salary Thresholds

Applicants for the scale-up visa are required to earn the higher of the following:

  • An annual salary of at least £36,300, or
  • The standard ‘going rate’ for the specified job category, as detailed on the list of eligible occupations.

English Proficiency Criteria for Scale-up Visa

Applicants must fulfill one of the following to satisfy the English language requirements for the scale-up visa:

  • Be a national of an eligible English-speaking country,
  • Hold a degree or higher qualification taught in English,
  • Have completed a school-level qualification at a UK school, started before turning 18, or
  • Pass an approved English test at or above CEFR level B1.

Financial Requirement for Scale-up Visa 

You are required to have a minimum of £1,270 in your bank account, which must have been present for at least 28 consecutive days before your application. This financial requirement does not apply if you have been living in the UK for one year or more.

Sponsored and Unsponsored Routes of the Scale-up Visa

The scale-up visa presents a distinct advantage in that after an initial six-month period, visa holders have the option to transition to a new job or employer without the need for sponsorship. This flexibility significantly broadens employment possibilities, especially since many UK employers do not possess sponsorship licenses. Additionally, post the six-month mark, scale-up visa recipients may choose to pursue self-employment.

For those wishing to switch jobs or employers within the first six months of receiving their scale-up visa, it is necessary to notify the Home Office by submitting an online application to update their visa status. It’s essential to ensure that the new role with the new employer also falls within the eligible occupation list.

Comparison Between Scale-up Visa and Skilled Worker Visa

Both the scale-up visa and the skilled worker visa are integrated within the Home Office’s points-based immigration system and necessitate a sponsored job offer from a UK employer. However, after six months, scale-up visa holders are afforded the liberty to change jobs or employers without the requirement of sponsorship, a benefit not extended to skilled worker visa holders who must maintain sponsorship throughout.

The salary threshold for the scale-up visa is set at a minimum of £33,000, which is notably higher than the £25,600 required for the skilled worker visa. Both visas mandate that applicants satisfy the English language proficiency requirements.

Source: Scale-up Worker visa