Expert legal advice for skilled professionals applying under the UK Scale-up Worker route, including sponsorship, eligible occupations, salary requirements, switching, extensions, dependants and settlement.
The Scale-up Worker Visa is a UK work immigration route designed for talented individuals recruited by qualifying high-growth UK businesses.
It offers an important combination of initial employer sponsorship and greater employment flexibility later.
For an initial sponsored application, you will normally need an eligible high-skilled job with an approved Scale-up sponsor, a valid Certificate of Sponsorship (CoS) and a salary meeting the applicable requirements. You must work in the sponsored job for at least the initial six-month sponsored period.
After that initial period, the Scale-up route can provide significantly more flexibility than many traditional sponsored work routes. Subject to the Immigration Rules, you may be able to change employment without requiring continuing sponsorship.
Importantly, the Scale-up route can lead to Indefinite Leave to Remain, provided the settlement requirements are satisfied.
At Knights & Shah Solicitors, we advise skilled professionals and their families on Scale-up Worker Visa applications, switching, extensions, dependant applications and longer-term settlement planning.
The Scale-up Worker route enables qualifying UK scale-up businesses experiencing sustained growth to recruit highly skilled workers from overseas and from within the UK.
Unlike a completely unsponsored work route, the initial Scale-up application normally begins with sponsorship.
However, the route is unusual because the worker is only required to work in the sponsored role for the initial six-month period.
This creates a two-stage structure:
Initial sponsored period
↓
Greater employment flexibility
↓
Extension where eligible
↓
Potential Indefinite Leave to Remain
For the right applicant, this can offer a useful balance between gaining access to the UK labour market through sponsorship and having greater career flexibility later.
For an initial sponsored Scale-up Worker application, you will generally need to satisfy requirements concerning:
Applicants must be 18 or over and satisfy the points and other requirements contained in Appendix Scale-up of the Immigration Rules.
The precise requirements differ between an initial sponsored application and a later unsponsored Scale-up application.
Yes, for an initial sponsored Scale-up Worker application.
You will generally need a qualifying job offer from a UK employer approved to sponsor workers under the Scale-up route.
Your job must:
Your employer will assign you a Certificate of Sponsorship containing information about your proposed role and sponsorship.
Not every UK company can sponsor someone under the Scale-up Worker route.
The employer must be approved by the Home Office for the relevant Scale-up route.
Scale-up sponsorship is intended for businesses that satisfy the Home Office requirements associated with sustained high growth.
An employer’s ability to sponsor workers under another immigration route does not necessarily mean that it can automatically sponsor a Scale-up Worker.
Applicants should therefore check that the proposed employer is authorised for the correct route before relying upon the job offer.
An initial sponsored applicant will normally require a valid Certificate of Sponsorship (CoS).
The Certificate of Sponsorship is an electronic sponsorship record rather than a physical certificate.
It contains important information concerning matters such as:
The information on the CoS should be consistent with the visa application and supporting evidence.
A Certificate of Sponsorship does not itself guarantee that a visa will be granted. The applicant must still satisfy the other requirements of the Scale-up route.
The proposed role must be an eligible occupation under the Immigration Rules.
The applicant will need the correct four-digit occupation code for the job.
Scale-up eligibility is linked to eligible skilled occupations, and the occupation code also affects the applicable going rate.
This makes correct occupation coding important.
The job title alone does not determine eligibility. The actual duties and responsibilities should properly correspond with the occupation code used by the sponsor.
For a current initial sponsored application, the applicant must generally be paid at least whichever is higher:
£39,100 per year
or
the applicable going rate for the occupation.
For example, if a proposed salary is £41,000 but the applicable going rate for the occupation is £44,000, simply exceeding £39,100 would not be enough.
The salary rules therefore need to be considered alongside the applicant’s occupation code and proposed working arrangements.
Different earnings requirements can apply to later Scale-up applications and settlement.
This is one of the most distinctive features of the Scale-up Worker Visa.
For an initial sponsored application, the worker is expected to undertake the sponsored role for at least six months.
During that initial sponsored period, the relationship between the worker, job and Scale-up sponsor remains important.
If you want to change employer during your first six months, you will generally need to update your Scale-up Worker Visa, and the new employment must satisfy the applicable requirements.
After completing at least six months in the job listed on your Certificate of Sponsorship, the route becomes considerably more flexible.
Yes, subject to the rules applying to your immigration permission.
Once you have worked in the job on your Certificate of Sponsorship for at least six months, you do not generally need to update your visa simply because you change employer.
This is one of the major differences between the Scale-up route and conventional sponsored work routes.
However, changing employer can have consequences for a future extension or settlement application because UK earnings become important.
Applicants should therefore consider the long-term immigration consequences before making major employment changes.
Both routes allow eligible overseas workers to work in the UK, but their structures are different.
The worker initially requires sponsorship from an approved Scale-up business.
After the initial six-month sponsored period, the worker can obtain substantially greater employment flexibility.
The route can lead to settlement if the relevant requirements are met.
The Skilled Worker route generally requires continuing sponsorship from an appropriately licensed employer.
Changing employer or moving into a different sponsored role can require a new application where the Immigration Rules require it.
The most suitable route depends upon the proposed employer, job, salary, future career plans and settlement objectives.
Applicants must satisfy the English language requirement applicable to the Scale-up route.
The requirement must be demonstrated using a method accepted under the Immigration Rules.
Depending upon the applicant’s circumstances, this may include:
Applicants should establish how they will satisfy the requirement before submitting the application.
Where the maintenance requirement applies, a Scale-up Worker will generally need at least:
£1,270
available to support themselves in the UK.
The money must normally have been held for at least 28 consecutive days, with day 28 falling within 31 days before the application.
An applicant may not need to provide this evidence where, for example:
Financial evidence should be prepared carefully where the requirement applies.
Yes. An eligible partner and children can apply to accompany or join a Scale-up Worker as dependants.
A qualifying dependant may include:
Relationship, financial and other requirements apply.
Dependants do not automatically receive immigration permission simply because the main Scale-up Worker has been granted a visa. They must make the appropriate applications.
Eligible Scale-up dependants generally have considerable flexibility.
A dependant partner can normally:
subject to the conditions of their immigration permission.
There are restrictions on employment as a professional sportsperson or sports coach.
Eligible dependants may also be able to qualify for settlement once the relevant requirements are satisfied.
Potentially, yes.
Applicants already lawfully present in the UK under certain immigration categories may be able to switch into the Scale-up route.
However, you cannot normally switch from inside the UK if you currently have permission as, among other categories:
Applicants in one of the prohibited categories would generally need to leave the UK and make the appropriate application from overseas.
A Student Visa holder may potentially switch into the Scale-up route.
However, additional requirements apply.
The Student will generally need to satisfy one of the applicable conditions, such as having completed the sponsored course, having a job start date after the course has finished, or having undertaken qualifying full-time PhD study for the required period.
Students should therefore check their eligibility to switch before submitting an application.
Potentially, yes.
One of the most important features of the route is that a later application can operate differently from the initial sponsored application.
Where the relevant requirements are satisfied, an applicant who has completed the required sponsored period may make an unsponsored Scale-up application.
At that stage, the Immigration Rules focus particularly on the applicant’s qualifying UK PAYE earnings rather than requiring a new Certificate of Sponsorship in the same way as the initial application.
This is why maintaining appropriate evidence of UK employment and earnings can become extremely important.
Yes.
Unlike routes such as the Graduate Visa or High Potential Individual Visa, the Scale-up Worker route is capable of leading to Indefinite Leave to Remain.
A Scale-up Worker may potentially qualify for settlement after the required period of qualifying residence, provided all the relevant requirements are met.
The current settlement framework generally requires five years’ qualifying residence, together with applicable continuous-residence, earnings, Life in the UK and other requirements.
The earnings rules for settlement are particularly important and should be considered well before an applicant reaches the end of the qualifying period.
Scale-up settlement differs from some other work routes because the applicant’s actual UK earnings history can be important.
The rules look at qualifying earnings during the relevant period before the settlement application.
Depending upon the applicant’s immigration history, applicable thresholds and transitional provisions, the precise requirement can vary.
Self-employed earnings do not count towards the relevant PAYE minimum earnings requirement for Scale-up settlement.
This means a Scale-up Worker who intends eventually to obtain ILR should consider their earnings record throughout their immigration journey rather than only when they become eligible to apply.
The precise documents depend upon the applicant’s circumstances.
An initial application will commonly require information or evidence relating to:
Not every applicant requires every document listed above.
The evidence should be tailored to the particular application.
The current Home Office Scale-up Worker application fee is:
£937
Applicants will ordinarily also need to pay the applicable Immigration Health Surcharge, currently usually £1,035 for each year of permission.
Where maintenance evidence is required, the main applicant will generally also need to demonstrate at least £1,270 in available funds.
Dependants have separate application costs and relevant financial requirements.
Government fees and immigration requirements can change, so the applicable amounts should always be checked immediately before an application is submitted.
Scale-up Worker applications can encounter difficulties where:
The initial visa should therefore be considered as part of a longer immigration strategy rather than as an isolated application.
A typical initial application involves:
Establish that the employer is authorised to sponsor workers under the relevant route.
Confirm the occupation code, skill level, duties and eligibility.
Ensure that the proposed salary satisfies the applicable general threshold and going rate.
The approved Scale-up sponsor assigns the appropriate CoS.
Determine how the relevant requirements will be demonstrated.
Compile the documents required for the applicant’s circumstances.
Complete the appropriate online application and pay the relevant charges.
Complete the applicable identity and biometric process.
UKVI considers whether the requirements of the Scale-up route have been satisfied.
A refusal should be reviewed carefully before another application is made.
The correct response will depend upon:
Repeatedly applying without correcting the underlying problem can result in further refusal and additional expense.
At Knights & Shah Solicitors, we provide immigration advice to skilled professionals considering the Scale-up Worker route.
We can assist with:
We can assess the application against the relevant Immigration Rules, identify potential problems and help ensure that the evidence properly addresses the requirements applying to your circumstances.
If you require advice contact Knights & Shah Solicitors.
We provide clear, solicitor led advice, strategic case planning and robust court representation to protect our clients.
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