What is a Scale-Up Visa?
The Scale-up visa is for individuals with particular skills recruited by the UK Scale-up sponsor. A Scale-up Visa is known as a work visa in the UK. The applicants need to justify the skill sets they have mentioned to scale up a business towards growth and provide a job offer letter from a qualifying scale-up business at a certain salary level.
Who can Apply for Scale-Up Visa UK?
An individual needs to have a high skill set and qualifications. A Scale-up business must have recruited the applicant in the UK and provided an authentic "Certificate of Sponsorship" to the employee. All the eligibility requirements are mentioned below to apply for a scale-up visa for the UK. A partner and dependable children can accompany the applicant. The Scale-Up Visa has two application categories, one is sponsored application, and the other one is an un-sponsored application. The unsponsored application option is only available to the applicant previously permitted a Scale-up worker.
Eligible Requirement for UK Scale-Up Visa:
The eligibility criteria for UK Scale-up Visa with a Sponsored application are mentioned below:
- Your age is 18 or above.
- The employer offers a valid Certificate of Sponsorship.
- Your Job is legal and authentic.
- Your Job is related to an appropriate Skill level.
- Your salary is equal to or above both £33,000 per year and £10.58 per hour, according to the 'current rate' for the Job.
- You have sufficient funds to support yourself without depending on public funds.
- You have provided an authentic TB certificate (if required).
- You are proficient in the English Language with at least CEFR Level B1 (it is equivalent to IELTS 4.0 band).
The eligibility criteria for Scale-up Visa UK with Un-Sponsored application are mentioned below:
- Your age is 18 or above.
- You have sufficient funds to support yourself without depending on public funds.
- You have been previously permitted a Scale-up Worker.
- Your monthly PAYE earning in the UK was equivalent to a minimum of £33,000 per year throughout at least 50% of time spent as a Scale-up worker on leave.
- You have provided an authentic TB certificate (if required).
- You are proficient in the English Language with at least CEFR Level B1 (it is equivalent to IELTS 4.0 band).
These are the requirements for convenience of the UK Visa and immigration according to your selected application option. You might be looking for an immigration lawyer for expert advice.
For expert advice on your UK Scale-up Visa application, you can contact our immigration team at 0208 124 3222, or you can email us at info@immigrationsolicitors4me.co.uk
What are the Benefits of a Scale-Up Visa?
The Scale-Up Visa has allowed businesses in the UK to hire High-skilled individuals to grow their business. The individuals will be granted two years' leave to remain in the UK without requiring additional sponsorship or permission past the first six months. They will be able to work alternatively without needing any further sponsors.
The Scale-up Visa 2022 will provide greater flexibility to the employer to hire talented individuals around the world. As the UK business will witness growth by hiring talented individuals, the UK economy will grow alongside the business community growth.
The Scale-up Visa is beneficial for both the employer and the employee. The employer will witness growth in the business, and the employee will benefit from working on additional jobs without requiring sponsorship.
Scale-Up Visa & Certificate of Sponsorship
One eligibility criterion is a valid Certificate of Sponsorship by an eligible UK business to get a Scale-up visa via a Sponsored application. The Certificate of Sponsorship needs to be issued by an employer authorized by the Home Office to sponsor a Scale-up Visa.
To be eligible as a Scale-up Sponsor, the employer needs to illustrate that they have achieved a minimum annual growth of 20% for the past three years. The companies will need at least ten employees starting the three years.
On the Home Office register of licensed sponsors, the sponsor must be listed as A-rated.
Once an A-rated license is given to the sponsor, they can issue you a Certificate of Sponsorship for six months with:
- An occupation skilled at level 6 of RQF.
- Equal to or above the £10.58 per hour and Going rate for occupation code.
- Salary equal to £33,000 per year or above.
The Certificate of Sponsorship issued to you should not be more than three months before your Scale-up Visa sponsored application date.
Your Certificate of Sponsorship must contain some required information:
- Detail of your Name, Job, and Salary.
- The start date should not be more than three months after the date of your Scale-up Worker Visa application.
- Confirmation that you will work for a minimum of 6 months for your sponsor.
- Confirmation that the CoS has not been used in the previous application, which was either approved or refused and is not withdrawn by the sponsor or rejected by the Home Office.
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Job Requirement for Scale-Up Visa
To get your Scale-up Visa approved, you need to convenience the Home Office that you are being sponsored for a genuine job.
If you cannot convince the Home Office about the authenticity of the job, your application will be refused. If the job you are being sponsored is created mainly for applying for Scale-up Visa 2022, it will be rejected.
You will also need to satisfy the Home Office that you have not agreed to fill a temporary or permanent position with a third party who is not the sponsor.
Scale-up Visa via Sponsored Application - Skill Level
To get your Scale-up Visa via Sponsored application approved, the job you are being sponsored to work at must be an eligible job at or above a minimum skill set at level 6 of RQF.
Each job skill level has an occupation code. The Home Office has published a list of jobs eligible for the Scale-up visa. The list includes relevant job types, titles, annual going rates, and occupation codes.
If your sponsored job is on the list, you will meet the job skill level requirement. The Sponsor must choose an appropriate occupational code. The Home Office will look into the occupational code, and the Scale-up visa application will be rejected if it is not relevant to your skills.
While assessing the appropriate occupational code, the Home Office will look into some factors such as the qualifications, appropriate skills, genuine need for the job as described, experience as needed to perform the job as described, and the past relation of the Sponsor with the immigration system.
Scale-up Visa via Sponsored Application - Salary Requirement
The sponsored job must offer a salary according to the requirements mentioned below to get a Scale-up Visa via a Sponsored application.
- Equal to or above the £10.58 per hour.
- Equal or above the Going rate for occupation code.
- Salary equal to £33,000 per year or above.
Salary evaluation is calculated according to guaranteed basic gross pay of up to 48 hours per week and is exclusive of any other pay or benefits.
The Home Office has published a list of going rates for eligible Scale-up visa occupation codes. The going rates are listed according to 37.5 hours per week and must be allocated for other working patterns.
The Salary paid per hour should be calculated according to the work pattern according to the requirement of £10.58 per hour.
UK Earnings as a Scale-up Worker Requirement for an Unsponsored Application
You need to have monthly PAYE earnings in the UK equivalent to a minimum of £33,000 per year throughout at least 50% of time spent as a Scale-up worker on leave, to get a Scale-up Visa via Un-Sponsored application.
The Home Office will review your approved basic gross pay recorded through Uk-based PAYE. They will not examine the additional income if you earn from self-employment and earning from outside the UK.
Even if you were absent from work with PAYE earnings of at least £33,000 per year due to paternity leave, statutory maternity leave, parental leave, shared parental leave, statutory adoption leave or sick leave then these periods of absence will be treated as periods during which you were paid the equivalent of at least £33,000 per year.
Genuine Earnings Requirement
To get your Scale-up Visa approved, you must convince the Home Office that your PAYE earnings are genuine.
If you cannot convince the Home Office about the genuineness of your PAYE earning, your Scale-up Worker Visa will not proceed any further. Your Scale-up Worker Visa will decline if the PAYE earnings are forged or manipulated.
Scale-up Visa for all Scale-up Applications - English Language Requirement
You will have to illustrate English language capability on the Common European Framework of Reference for Languages in all four components (listed below) to at least Intermediate level B1 to get Scale-up Visa (either sponsored or un-sponsored application).
- Reading
- Writing
- Speaking
- Listening
The individuals with high-skilled offers from the qualifying Scale-up business are applying for clearance or leaves to carry on as a Scale-up migrant will appease the English language requirement if:
- They hold the nationality of a majority English-speaking country.
- In the Previously approved application, they have met the requirement of Level B1 for entry clearance or permission to stay,
- They have cleared a secure English Language Test.
- They have secured a GCSE/A Level or Scottish Highers in English while at school in the UK.
- They have received a degree taught in English.
Scale-up Visa for all Scale-up Applications - Financial Requirement
You will need to have cash funds of cash reserves of at least £1,270 available to qualify for a Scale-up Visa (either sponsored or un-sponsored application).
You will need to hold your cash reserves for at least 28 continuous days ending not more than 31 days before your Scale-up Visa application date.
You can get an exemption from the minimum cash reserve requirement if your sponsor is ready to cover the maintenance cost until the end of your first month of employment, to a minimum of £1,270. Your sponsor will have to confirm this on your Certificate of Sponsorship.
If you are applying for permission to stay and have been in the UK with permission for at least 12 months or more at the date of application, you will need to fulfil the financial requirement and will not require to show funds.
Immigration Skills Charge Requirement
The immigration skills charge is not required to be paid by the UK Scale-Up Sponsors.
Switching into the Scale-up Worker Route
Suppose you are willing to extend your stay by switching your Scale-up route. In that case, you can switch your route unless you have or were last permitted as a Short-term student, Visitor, Seasonal Worker, Parent of a Child Student, Domestic Worker in a Personal Household, or outside the Rules of Immigration.
Duration of a Scale-up Visa
You will be allowed entry clearance or permission to stay for two years if you are permitted a Scale-up Visa on the Sponsored Application route.
You will be allowed entry clearance or permission to stay for three years if you are permitted a Scale-up Visa on the Un-Sponsored Application route.
Scale-up Visa Route - Conditions of Stay
You will need to be employed in the job you are being sponsored for an initial period of six months if you are permitted a Scale-up Visa on the Sponsored Application route. After six months, your original sponsor will not be tied to your immigration status. For that reason, you will be able to manage alternate or additional work (including voluntary work, employment, and self-employment) without needing any sponsor. You will also be granted to study but cannot access public funds.
You will have a full right to work from the beginning (including voluntary work, employment, and self-employment), meaning that you will not be a sponsoring employer if you are permitted a Scale-up Visa on the Un-Sponsored Application route. You will also be granted to study but cannot access public funds.
Settlement as a Scale-up Worker
To get indefinite leave to remain as a Scale-up Worker, you will need to satisfy UK Visas and Immigration that:
- You have to spend constant five years in the UK with valid leave.
- You are underemployment in the UK on the date of application with a salary of at least £33,000 per year paid through PAYE.
- You have had monthly PAYE earnings equivalent to at least £33,000 per year in the UK during at least 24 months of the last three years immediately before the date of application.
- The 5-year consistent period includes time spent with permission in any of the following routes (alone or combined): Skilled Worker, Global Talent, Scale-up, Innovator, International Sportsperson, T2 Minister of Religion, an Overseas Business Representative, as a Tier 1 Migrant, other than Tier 1 (Graduate Entrepreneur).
- You fulfil the Knowledge of Life in the UK requirement (unless an exemption applies).
The Home Office will review your approved basic gross pay recorded through Uk-based PAYE. They will not examine the additional income if you earn from self-employment and earning from outside the UK.
Even if you were absent from work for the last three years with PAYE earnings of at least £33,000 per year due to paternity leave, statutory maternity leave, parental leave, shared parental leave, statutory adoption leaves, or sick leave. Your absence will be treated as a period during which you were paid the equivalent of at least £33,000 per year.
