The Scale Up visa is a new Points Based System route which opened on 22 August 2022. The new category has been pitched as a visa route for top talent to come to the UK to work for high-growth ‘Scale Up’ businesses.
Those applying for entry in this route will need a suitable offer of employment from an approved sponsor who holds a Scale Up sponsor licence. The initial visa lasts for two years but crucially the applicant must only work for the sponsor for the first six months of this. After two years the applicant can extend their visa for a further three years provided their previous earnings meet a minimum threshold. After five years in the UK on this route, applicants can apply for indefinite leave to remain.
The benefit for workers is that this route offers flexibility. After the initial six month period, workers can stay with their sponsor or can work elsewhere including organisations without a sponsor licence. Employers too can benefit as there is no Immigration Skills Charge, saving up to £5,000 on visa fees.
What is a ‘Scale Up’ business?
A ‘Scale Up’ is a high-growth business. The Home Office applies the following criteria:
- Annual growth of at least 20% for the previous three year period (based on either the number of employees or turnover)
- A minimum of 10 employees at the start of the three year period
It is believed that there are around 34,000 businesses that meet this criteria.
Employers looking to sponsor workers in this route will need to hold a valid Scale Up sponsor licence. Those who hold a Skilled Worker sponsor licence will need to add this to their existing licence. A Scale Up licence cannot be renewed after four years as it is intended to benefit employers in a specific period of high growth and expansion. After this period, the Home Office will expect businesses to sponsor migrant employees in other categories e.g. Skilled Worker.
Sponsored stage
The most important requirements for the initial visa are that the applicant:
- Has a job offer and a Certificate of Sponsorship issued by an approved sponsor – this is a virtual document confirming details of the employment offer including salary and that they will be employed for at least six months;
- The role must be on the Scale Up list of eligible occupations
- The role must pay a minimum salary of £33,000 per year, £10.10 per hour or the ‘going rate’ for that role (whichever is higher)
- Meets the English language requirement at Level B1
- Has sufficient funds to support themselves in the UK
- Has a TB test certificate (if applicable)
- Does not fall under the general grounds of refusal
If the visa is approved, the worker will be issued a visa for two years. Exceptionally, they only need to remain with their initial sponsor for the first six months.
Unsponsored stage
The requirements for the next stage are that the applicant has:
- A current Scale Up visa
- PAYE earnings in the UK equivalent to at least £33,000 per year, during at least 50% of their permission as a Scale Up Worker (i.e. 12 months)
If the visa is approved, a new visa will be issued for a period of three years. After spending five consecutive years in the UK in this category, an applicant can apply for indefinite leave to remain provided they meet all the requirements.
Importantly, the minimum earnings refer to gross basic pay as recorded through PAYE. This means that applicants cannot rely on self-employment, overseas income, savings or other non-PAYE income to meet the threshold.
How we can help
We can assist businesses looking to obtain a Scale Up sponsor licence and applicants who are considering making an application under this route. Please contact our friendly team for more information and to set up a consultation.