UK Scale-Up Visa

What is the UK Scale-Up Visa?

The UK Scale-Up Visa was established to attract international talent to high-growth UK businesses with significant growth potential. The program, which opened for applications on 22 August 2022, offers greater flexibility than the Skilled Worker Visa, making it a beneficial option for employers and employees, depending on the circumstances. There are additional eligibility requirements, and to sponsor and employ workers under this initiative, businesses must be recognised as ‘scale-up businesses.’

Flexibility and Benefits

Scale-up visas are issued for a duration of 2 years, allowing you to stay in the UK for this period. As an employee, you are required to work in your sponsored job for at least 6 months. After that, if you decide to change jobs or become self-employed, you do not need to update your visa or inform the Home Office. Additionally, your visa allows you to:

• Study
• Take on additional work, including self-employment
• Do voluntary work
• Travel abroad and return to the UK

Sponsored Vs Unsponsored Route

When initially applying for a Scale-Up Visa, candidates must have sponsorship from a UK scale-up business. This means your employer must have a sponsor licence, and an endorsing body will issue an endorsement for the scale-up. The employer will also provide a certificate of sponsorship, which you will need to include with your job offer and visa application.

A key feature of this visa is its flexibility after the initial 6-month period. You may transition to the unsponsored route once you've held the Scale-Up visa for six months. This allows you to continue working with your current employer without further sponsorship or change jobs without requiring a new sponsor as long as you meet the visa requirements.

Definition of Scale-Up Companies

Scale-up companies are characterized by rapid expansion, typically achieving an annual growth rate of at least 20% in either employee count or revenue over three years. To qualify as a scale-up sponsor, businesses must meet specific criteria:

• Sustained growth in either turnover or employment during the three-year period.
• An average annual growth rate of 20% in either employment or total sales (turnover).
• A minimum of 10 employees at the start of the three-year period.
• Endorsement by an approved body, also known as an endorsing body.

According to the ScaleUp Institute, there are approximately 34,180 scale-up businesses in the UK, a 27% increase since 2013. The focus on scale-ups is driven by the significant value they bring to the economy. For example, the UK’s 5.5 million SMEs generate a total turnover of £2.6 trillion. Scale-ups alone generate £1.4 trillion in turnover, accounting for 55% of this total output, despite representing just 0.6% of the UK business population.

Endorsing Bodies

Endorsing bodies are responsible for issuing endorsements based on the criteria outlined in government guidance. The Home Office relies on these bodies because the scheme operates on the principle that endorsing bodies, rather than the Home Office, are best placed to assess businesses and identify scale-up business ideas and talent. Therefore, endorsing bodies are responsible for issuing endorsements based on their assessment of the business as part of the Home Office sponsor licence process. Currently, the endorsing bodies accountable for the Scale-Up Visa program are:

• Investors Limited
• UK Endorsing Services
• Innovator International
• The Global Entrepreneurs Programme (GEP)

Requirements for Scale-Up Sponsors

To sponsor applicants, businesses must obtain a scale-up sponsor licence from UK Visas and Immigration (UKVI) to demonstrate their ability to support scale-up workers and meet defined growth criteria.

Once registered as sponsoring employers, companies have ongoing responsibilities. They must report if a worker doesn’t start or is absent and monitor immigration status and attendance to ensure compliance with UK law. These duties last six months after visa validation, and continued compliance is needed to maintain the sponsor licence.

Dependents

Scale-Up visa holders can be joined or accompanied by a dependent partner over the age of 18 and dependent children under the age of 18. Any family members who accompany you to the UK must meet the relationship, age, care, and financial requirements to be eligible.

Your sponsor can only certify the financial requirement for your dependents if the application date is at least one month before the end of the minimum six months that you must work for the sponsor.

Dependent partners or spouses will also be able to apply for settlement with you if they have completed a continuous, lawful period of five years in the UK with permission as a partner of a Scale-Up worker (or former Scale-Up worker, if applicable). Dependent children can apply for settlement if both parents have been, or are being, granted settlement.

Switching into the Scale-Up Route

Applicants already in the UK may apply to switch to the Scale-Up route, provided they do not currently hold or were not granted permission under specific categories. An applicant cannot switch into the Scale-Up route if they have, or were last granted, permission in any of the following categories:

• Visitor visa
• Short-term Student
• Parent of a Child Student
• Seasonal Worker
• Domestic Worker in a Private Household

Applicants in these categories must leave the UK and apply for the Scale-Up visa from outside the country.

Visa Pathway

Indefinite Leave to Remain (ILR)
After five years of living in the UK, you may be eligible to apply for Indefinite Leave to Remain (ILR), which allows you to settle permanently in the UK without the requirement of continued employment. You must have lived in the UK for five years and meet other eligibility criteria to qualify.

British Citizenship
Once you have been granted ILR, you can apply for British citizenship. If you are married to a UK citizen, you can apply immediately. Otherwise, you must wait 12 months before applying.

Once you have secured British Citizenship, you will be eligible to apply for a British Passport.

Requirements & Eligibility Criteria

To qualify for the UK Scale-Up Visa, applicants must meet a range of eligibility criteria, including securing a high-skilled job offer, meeting salary thresholds, demonstrating English proficiency, and satisfying financial criteria.

• Applicants must be aged 18 or over.
• They must provide a valid tuberculosis (TB) certificate based on their country of origin.
• Applicants must meet the general suitability criteria, including not having breached immigration laws or having a criminal record that would disqualify them from being granted leave.

To qualify for the UK Scale-Up Visa, applicants must meet several eligibility criteria, including securing a high-skilled job offer, meeting salary thresholds, demonstrating English proficiency, and satisfying financial criteria.

• Applicants must be aged 18 or over.
• They must provide a valid tuberculosis (TB) certificate based on their country of origin.
• Applicants must meet the general suitability criteria, including not having breached immigration laws or having a criminal record that would disqualify them from being granted leave.

Points Requirement

The Scale-up Worker visa operates under a points-based system, requiring applicants to score 70 points, whether applying through the sponsored or unsponsored route.

Certificate of Sponsorship

Applicants must have a valid Certificate of Sponsorship issued by an eligible UK Scale-Up business. This certificate, which must be issued no more than three months before the application date, will include details such as the applicant’s name, job role, salary, and confirmation that the applicant is expected to work for the sponsoring business for at least six months. The certificate must not have been used in a previous application that was granted or refused.

Job Requirements

Any job offer must be genuine, at the graduate level or above (RQF level 6 or equivalent), and listed in the Home Office table of eligible occupation codes for Scale-Ups. Employers must ensure the role is genuine, and the Home Office will scrutinize the application to confirm no concerns about the job's authenticity, such as the job being created solely for the visa application.

Minimum Salary Requirements

The minimum salary requirement for the Scale-Up Visa is £36,300 per year, or the going rate for the occupation code, whichever is higher. This ensures that applicants are compensated adequately for their skills and contributions, which is in line with UK immigration standards.

Financial Requirements for Applicants

Applicants need to show they have at least £1,270 in savings, held for 28 consecutive days before applying, to support themselves in the UK. If you have not been lawfully in the UK for 12 months or longer, your UK sponsor can also certify that they will maintain and accommodate the applicant during the first month of employment.

Applicants need to show they have at least £1,270 in savings, held for 28 consecutive days before applying, to support themselves in the UK. If you have not been lawfully in the UK for 12 months or longer, your UK sponsor can also certify that they will maintain and accommodate the applicant during the first month of employment.

English Language Proficiency

Applicants must demonstrate English proficiency at the B1 level of the Common European Framework of Reference (CEFR) in speaking, listening, reading, and writing. This can be achieved through standardized tests or certifications.

Exemptions apply if the applicant is a citizen of a majority English-speaking country, has passed a Secure English Language Test (SELT), holds a degree taught in English, or has previously met this requirement in a prior successful UK visa application.

Required Documentation

Document requirements can vary depending on personal circumstances, and when applying for the Scale-Up Visa, you will typically need

1. Valid Passport or Identity Document
   Your passport or ID must confirm your identity and nationality. If you're from outside the EU, Switzerland, Norway, Iceland, or Liechtenstein, you’ll need a blank page in your passport for the visa unless you have a biometric passport with a chip.
2. Certificate of Sponsorship Reference Number
   This reference number is provided by your employer and is essential for your application.
3. Job Details
   Include your job title, annual salary, and occupation code.
4. Employer Information
   Your employer provides this reference number, which is essential for your application.
5. Financial Evidence
   Provide bank statements or similar proof that you have sufficient savings to support yourself in the UK unless your Certificate of Sponsorship indicates that your employer will cover these costs.
6. Proof of English Proficiency
   Submit documentation that confirms you meet the English language requirement.
7. Tuberculosis (TB) Test Results
   It is required if you're from a country where TB testing is mandatory.
8. Family Documentation
   If your partner or children are applying with you, you must provide proof of your relationship.
9. Academic Technology Approval Scheme (ATAS) Certificate
   Required if your job involves researching a sensitive subject at the PhD level or higher, and your employer has indicated this requirement.

If any of your documents are not in English or Welsh, you must provide a certified translation alongside the original documents.

Application Fees

The application fee for the Scale-Up Worker visa is £822.

Healthcare Surcharge

The healthcare surcharge is £1,035 per year for your visa.

Fees for Dependents

The fees for dependents are as follows:

• £285 for your partner
• £315 for one child
• £200 for each additional child

Processing Times

The processing time for Scale-Up visa applications varies depending on your location. After you've applied online, verified your identity, and submitted your documents, you can typically expect a decision within:

• Applying outside the UK: 3 weeks
• Applying inside the UK: 8 weeks

Priority Service

To expedite the processing of your Scale-Up visa application, you can choose from the following premium services, depending on the country from which you are applying:

• Priority Service
  This service typically provides a decision within five working days for an additional £500 on top of the standard application fee.
• Super-Priority Service
  For an extra £1,000, the super-priority service aims to deliver a decision by the end of the next working day after your appointment, as long as the appointment is on a weekday.

How to Apply for a Scale-Up Visa

All applications for the Scale-Up visa are made online via the Home Office website. The requirements for confirming your identity will differ depending on where you are applying from and the type of passport you have.

• Submit Your Application Online
  Apply for the Scale-Up visa through the Home Office website.
• Prepare Your Documents
  Gather all required documents for your application.
• Complete the Application Form
  Fill out the online Scale-Up visa application form.
• Pay the Visa Fee
  Submit the visa fee payment through the online portal.
• Pay the Healthcare Surcharge
  Make the necessary payment for the healthcare surcharge.
• Book and Attend an Appointment
  If you're applying from outside the UK, lack a biometric passport, or can't verify your identity through the Home Office app, schedule an appointment at a visa application centre.
• Provide Biometrics
  Have your fingerprints and photograph taken as part of the process.
• Wait for a Decision
  After completing all steps, wait for the Home Office to process your application and issue a decision.

Refused Application

If your application is refused, it's important to understand the reasons behind the decision. If your entry clearance is denied, you do not have the right to appeal, so in many cases, it might be best to submit a fresh application that addresses the reasons for refusal.

However, you can request an administrative review if you believe the Home Office made an error. This process involves a different official reviewing the original decision. To apply for an administrative review, you must do so within 28 days of receiving the decision, and it costs £80.

Post-Approval

If your visa was granted through the sponsored application route, you will receive entry clearance or permission to stay for 2 years. After this period, you can apply for an unsponsored visa. After six months, Scale-Up Visa holders gain greater employment flexibility, allowing them to change jobs without further sponsorship, start their own businesses, and work full-time in any eligible position.

If you are granted a Scale-up Visa on the Unsponsored Application route, you will be granted entry clearance or permission to stay for 3 years.

Restrictions

While holding a Scale-Up Visa, you cannot:

• Apply for public funds.
• Work as a professional sportsperson.

Extensions

You can typically extend your Scale-up Worker visa if you've worked in the job listed on your certificate of sponsorship for at least 6 months and met the earnings requirements for at least half of your stay. You will not need a new certificate of sponsorship from your employer.

However, your partner or child’s visa won't automatically extend when yours does. They can apply to extend their visas at the same time as you or before their current visas expire.

QC Immigration Assisting Scale-Up Visa Applications

The Scale-Up Visa is an excellent route for international talent looking to join rapidly growing companies in the UK. It offers greater flexibility compared to the Skilled Worker visa, which can be advantageous for both employers and employees.

Successfully navigating the application process requires careful planning, as both the applicant and the employer must complete specific steps. Additionally, the requirements may vary depending on individual circumstances and the latest Home Office regulations.

QC Immigration has extensive experience helping companies obtain sponsor licenses and guiding them through the subsequent Scale-Up Visa applications for their employees. Whether you're an individual or a business, our expertise can help you take the best course of action and manage your application at every stage.

With our team's guidance, you can save time and minimize the risk of submitting an incomplete or non-compliant application, ensuring a smooth, efficient, and stress-free journey to obtaining a Scale-Up Visa in the UK.