Scale-Up Visa UK

What is Scale-Up Visa in UK?

The UK Scale-up visa allows highly skilled workers to work for a fast-growing UK business. It offers a streamlined process for companies that are expanding rapidly and need to recruit talented individuals from overseas to support their growth.

The UK Scale-Up visa is one of the visas introduced as part of the UK government’s post-Brexit immigration plan. It was established alongside visas such as the Senior or Specialist Worker Visa and the High Potential Individual Visa.

It is primarily aimed at foreign workers with the skills and abilities to support scale-up businesses in the UK. It also focuses on those experiencing rapid growth rates in their sectors. These businesses will also act as sponsors to allow foreign skilled workers to travel to the UK.

The visa consists of a five-year route that eventually leads to the candidate being able to settle in the UK permanently. The visa also allows candidates to bring family members, such as their spouses and dependent children, to the UK.

Candidates must have a highly skilled job offer from a qualifying Scale-Up business to be eligible for the Scale-Up visa. This should meet the minimum salary requirements.

How Does the UK Scale-Up Visa Work?

For the first six months of the Scale-Up visa, you will require a job offer from an eligible UK Scale-Up sponsor. This job offer must meet the minimum sponsorship requirements, skill level and salary. The candidate must satisfy the minimum financial and language requirements to be eligible.

After six months working in the sponsored job, you may either continue the job or leave it to work in another role with another employer without requiring sponsorship. You can also become self-employed.

However, you cannot apply for public funds or work as a professional sportsperson at any time.

After spending an initial 2 years in the UK with the visa, you may be eligible to extend it by another 3 years. However, you must have worked in the job on your certificate of sponsorship for at least 6 months and you must have met the earnings requirements during at least half of your 2-year stay.

After five years, you may be eligible to apply for settlement in the UK if they satisfy all of the eligibility criteria.

Who Can Apply for a UK Scale-Up Visa?

To be eligible for a Scale-Up visa, you must fulfil the following eligibility criteria:

• You are aged 18 or over
• You have a valid certificate of sponsorship issued by an eligible UK Scale-Up business for the job you are planning to do
• The job you are planning to do is genuine
• The job you are planning to do is at an appropriate skill level (level 6 or higher on the Registered Qualifications Framework, or RQF)
• Your salary will be equal to or exceed either of the following, whichever is higher:
  • £36,300 per year
  • The ‘going rate’ for the job
• You meet the minimum language requirements (at least CEFR Level B1 or higher, which is equivalent to IELTS 4.0)
• You have enough money to support yourself without relying on public funds
• You have provided a valid tuberculosis certificate if you’re from one of the required countries

What Are the Certificate of Sponsorship Requirements?

An essential aspect of the Scale-Up visa is the certificate of sponsorship issued by an eligible business. This allows the Scale-Up worker to travel to the UK and start work under the visa.

Only businesses listed as A-rated on the Home Office’s register of licensed sponsors can issue certificates of sponsorship for the Scale-Up visa.

To be eligible to sponsor employees on this route, businesses must either:

• Be approved by an approved endorsing body, or
• Demonstrate an annual growth of at least 20% in the 3-year period before becoming a registered sponsor in overall turnover or staffing. They must also have had at least 10 employees at the start of the 3 years.

Once a business acquires an A-rated sponsorship licence, it may sponsor visa candidates for up to 6 months in an occupation at least level 6 or higher on the Registered Qualifications Framework (RQF).

The certificate of sponsorship must have been issued no more than three months before the candidate’s application date for the Scale-Up visa.

In addition to this, the certificate must contain critical information such as the following:

• Details of the candidate’s name, job and salary
• Confirmation that you are expected to work for the business that’s sponsoring you for at least 6 months
• Confirmation that the start date for the role is no more than 3 months after the date of the candidate’s date of application
• Confirmation that the certificate of sponsorship has not been used in a previous application which was either granted or refused and has not been withdrawn by the sponsor or cancelled by the Home Office
• You must fulfil the specific genuineness requirement. Therefore, you must show you will only undertake your proposed role and will not engage in any additional employment while in the UK.

What Are the Job Requirements for the Scale Up Visa?

Jobs offered by business sponsors must fulfil a couple of requirements to be eligible for the Scale-Up visa scheme.

Firstly, the job offered must be genuine. If the Home Office has any reason to believe that the job you’ve been offered is not genuine, fraudulent, or created to enable you to get a Scale-Up visa, then your application may be refused.

The Home Office must also be satisfied that you will not be entered into an arrangement where you will fill a position, undertake contract work or provide routine services to a third party that is not the sponsor stated on the certificate of sponsorship.

In addition to this requirement, your job must meet the minimum skill level for the Scale-Up visa (at least RQF level 6 or higher).

You will typically automatically meet the minimum skill level for the Scale-Up visa if the role you’ve been offered is on the eligible list of jobs for the Scale-Up route on the UK government’s website. This list also includes occupation codes, job types and related job titles.

Note that your employer must select the appropriate occupation code for the role they are sponsoring you for. The Home Office may refuse your visa application if they believe your employer has selected an incorrect or inappropriate occupation code.

When assessing your visa application, the Home Office will check:

• Whether the business has a genuine need for the job described.
• Whether you have the appropriate skills, qualifications, and experience.
• Whether the company has had any previous known examples of non-compliance with immigration.

Salary Requirements for the Scale-Up Visa

The salary requirements for the Scale-Up visa are simply as follows. Your job must pay whichever is higher:

• £36,300 per year, or
• The ‘going rate’ for your role

To check the going rate for your role, you must first find its occupation code and look up the going rate online via the gov.uk website.

Note that the salary requirements you must meet may vary if you are applying to extend your visa; these requirements will be based around when your certificate of sponsorship was first issued.

What Are the Language Requirements for the Scale Up Visa UK?

Part of the eligibility criteria for the Scale-Up visa is for candidates to meet the minimum language requirements.

To qualify for the visa, you must demonstrate that your English language ability is equivalent to, or higher than, level B1 on the Common European Framework of Reference for Languages (CEFR). This is equivalent to IELTS 4.0.

You must also demonstrate that you meet this level in all four key components: reading, writing, speaking and listening.

However, you may not have to prove your English language proficiency if any of the following apply to you:

• You’re a citizen of a majority English-speaking country
• You’ve passed a Secure English Language Test (SELT)
• You’ve been awarded a post-secondary degree that was taught in English
• You’ve obtained a GCSE, A Level or Scottish Higher while at school in the UK
• You’ve already demonstrated that you meet the minimum requirements when you were previously granted entry clearance or permission to stay in the UK.

How Do I Apply for a UK Scale Up Visa?

Scale-Up visa applicants must apply for the visa online. You may apply from either outside or inside the UK.

As part of the online process, you will fill in various forms with your personal information and information about your employer and the job you will be doing. You will also generally be required to upload your supporting documents.

You may also be required to attend an appointment at a local visa application centre to provide your biometric information, including your fingerprints and photographs. Alternatively, you may be able to do this via a phone app.

Documents Required for the Scale-Up Visa

You must provide a range of documents to prove that you’re eligible for the Scale-Up visa.

These include the following:

• Certificate of sponsorship reference number – your employer will give you this
• Proof of your knowledge of English
• Valid passport or other acceptably identity document
• Details of your job, such as the job title, annual salary and occupation code
• Name of your employer and their sponsor licence number

You may also have to provide additional documents as part of your application, such as the following:

• Evidence of funds to support yourself in the UK
• Proof of relationship with your partner or children (if bringing them to the UK)
• An ATAS certificate if your job involves researching a sensitive subject at PhD level or higher
• Tuberculosis test results, if you’re from a required country

How Much Does the Scale-Up Visa Cost?

The UK Scale-Up visa application cost is £880.

You will also need to pay the annual immigration healthcare surcharge, which is £1035 for every year you’ll be in the UK.

You must also meet the minimum financial requirements to qualify for the Scale-Up visa. The minimum amount of funds you must have to be eligible for the Scale-Up visa is £1,270.

You must have had this money for at least 28 consecutive days within the 31 days before the date you apply for the Scale-Up visa.

However, you will be exempt from this requirement if the business sponsoring you is also willing to provide maintenance costs up to the end of your first month of employment. This may be for up to at least £1,270 and must be confirmed on your Certificate of Sponsorship.

Additionally, you will not need to show proof of funds if you’re applying for permission to stay in the UK and you’ve already been in the UK for 12 months or more at the date of your application.

Duration and Extension for Scale-Up Visa

The Scale-Up Worker visa allows you to stay in the UK for an initial period of 2 years.

After this, you can apply to extend your visa for an additional 3 years at a time.

You will become eligible for indefinite leave to remain after 5 years, if you still meet the eligibility criteria.

In order to extend your visa, both of the following must be true:

• You have worked in the job on your certificate of sponsorship for at least 6 months
• You have met the earnings requirements during at least half of your stay with your most recent visa

The specific earnings requirement you must fulfil depends on the date you received your last certificate of sponsorship from your employer:

• If you received your last CoS on or after 4 April 2024, you must have earned at least £36,300 per year for at least half of your stay.
• If you received your last CoS on or after 12 April 2023 and before 4 April 2024, you must have earned at least £34,600 per year for at least half of your stay.
• If you received your last CoS on or before 11 April 2023, you must have earned at least £33,000 per year for at least half of your stay.

Changing Employer on Scale-Up Visa

You do not need to update your visa or notify the Home Office if you wish to change your employer after working in the role listed on your CoS for at least 6 months with a Scale-Up visa.

Similarly, you won’t have to update your visa or notify the Home Office if you’ll be doing a different job for your current employer.

However, you will need to apply if you wish to change employers within the first 6 months of your stay in the UK with a Scale-Up visa.

Your new role must still be on the eligible list of occupations and continue to meet all salary requirements.

You should apply online through the gov.uk site to update your visa and notify the Home Office about your new role.

Switching to the Scale-Up Visa

You may be able to switch to the Scale-Up visa if you’re already in the UK on an eligible visa.

To be eligible, you must meet all of the regular requirements for the Scale-Up visa (including job and salary requirements) and you must prove your English language ability.

If you’re applying to switch to the Scale-Up route from another immigration route from inside the UK, you must not have been granted permission as:

• A visitor
• A short-term student
• A parent of a child student
• A seasonal worker
• A domestic worker
• An individual with leave outside the immigration rules.

Additionally, if you plan to switch to this visa from a Student visa, one of the following must apply to you:

• You’ve completed the course you were sponsored to study on your Student visa
• The start date of your job is after the completion date of your course
• You’ve been studying for a PhD for at least 24 months

You should apply to switch to the Scale-Up visa online through the gov.uk website. There, you will need to pay the application fee and the immigration healthcare surcharge, as well as filling in the online form and uploading your supporting documents.

You should apply to switch before your current visa expires.

You should receive a decision on your application within around 8 weeks.

Can I Bring Family Members to the UK on a Scale-Up Visa?

Yes, you can bring your dependent spouse or partner and dependent children to the UK on a Scale-Up visa.

Any family member who comes to the UK with you must meet the relationship, age, care and financial requirements to be eligible to accompany you.

The financial cost will be:

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

Your sponsor will only be able to certify the finance requirement for your dependents if the date of application 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 also 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.

Can the Scale-Up Visa Lead to Indefinite Leave to Remain?

Yes, the Scale-Up visa may lead to you gaining indefinite leave to remain if you meet the eligibility criteria.

To be eligible for settlement, you must have been in employment in the UK with a PAYE salary of at least £36,300 per annum if you got your certificate of sponsorship on or after 4 April 2024. You must also have had guaranteed basic gross pay PAYE earnings equivalent to at least £36,300 per year during at least 24 months of the three years immediately before the date of the settlement application (or the UK equivalent to this).

If you got your last certificate of sponsorship on or after 12 April 2023 and before 4 April 2024, you must earn a salary of at least £34,600 per year. And if you got your last certificate of sponsorship on or before 11 April 2023, you must earn a salary of at least £33,000 per year.

You must also meet the basic knowledge of life in the UK requirements and the other criteria necessary to be eligible for indefinite leave to remain status.

How Can IAS Help?

The Scale-Up visa route is a fresh opportunity for skilled foreign workers to live and work in the UK and help support growing UK businesses.

If you’re considering applying for the Scale-Up visa or any other potential immigration route available to you as a skilled foreign worker, IAS can help.

We are expert immigration advisers specialising in UK immigration law. We can help you through every step of the visa application process, including ensuring that you meet the eligibility requirements, checking that your employer meets the sponsorship requirements, and ensuring that you have all the documents, funds, and support necessary to make your move to the UK a successful one.

For more information about our services and what we can do for you, contact one of our immigration advisers on +44 (0)333 414 9244 or online.

We offer immigration advice sessions in person at all of our UK offices or via the phone.

For more information about the services we offer and what we can do for you, reach out to one of our immigration advisers on +44 (0)333 414 9244 or contact us online.