Scale Up Visa UK: Eligibility, Process & Benefits

Scale Up Visa UK

IN THIS SECTION

The Scale Up visa allows high-growth companies to hire talent from overseas with greater ease and flexibility compared with other UK work visas.

As a hybrid work visa, the Scale Up route allows qualifying workers to come to the UK to work initially in a sponsored role, and after six months, the Scale Up worker no longer requires sponsorship by their UK employer.

For employers, this route can present a number of challenges, such as maintaining compliance with the sponsor licence requirements and managing the risk of Scale Up workers leaving after the initial six months, as the visa allows employees to switch jobs without needing a new sponsorship.

For workers, challenges may arise from the need to prove their qualifications and experience to meet the visa’s skill level requirements.

Both employers and workers need to carefully consider these factors to ensure a successful application and ongoing compliance with the visa conditions.

In this comprehensive guide to the Scale Up visa, we set out the eligibility criteria, application process, and the benefits of the Scale Up Visa for businesses and workers. We also address common questions and provide practical tips to help compile a successful application.

 

Section A: What is the Scale Up Visa?

 

The Scale Up visa is a points-based route for migrant workers who have been recruited by a UK Scale Up sponsor, and who have the skills necessary to enable the sponsor’s business to continue growing. This visa is designed to allow those with a suitable job offer at the required skill level from a recognised UK Scale Up to qualify for a fast-track visa.

Although the applicant must be employed in the job for which they’re being sponsored for the first 6 months of their grant of leave, Scale Up workers are then permitted to work full-time at any skill level. This means the Scale Up worker will be sponsored only for the first six months of this period, after which they are able to work for any employer.

Study is also permitted under this route, subject to the ATAS condition — this is a requirement to obtain an Academic Technology Approval Scheme (ATAS) certificate before studying certain sensitive subjects at postgraduate level.

The Scale Up worker will be able to bring dependent family members to the UK, as in other work routes, including a dependent partner and dependent children. The primary visa-holder and any qualifying family members may also be able to eventually apply for indefinite leave to remain in the UK, provided they meet the eligibility requirements for settlement.

Entry clearance, or permission to remain when switching from a different immigration route from inside the UK, will initially be granted under the Scale Up route for a period of 2 years.

Unlike other visa routes that might impose more restrictive conditions, the Scale Up Visa offers greater flexibility in terms of employment, allowing businesses to respond quickly to their talent needs as they scale up operations.

 

Table: Comparison of UK Visa Types

Criteria
Scale Up Visa
Skilled Worker Visa
Innovator Founder Visa
Target Audience
High-growth businesses and skilled workers
General employers and skilled workers
Entrepreneurs with innovative business ideas
Sponsorship Requirement
Required for the first six months
Required throughout employment
Endorsement by an approved body
Minimum Salary
£36,300 per year or the relevant going rate
Varies – general threshold for most applicants is £38,700 or relevant going rate
N/A (business-related)
Job Flexibility
Can change jobs after six months
Must update visa with new sponsor
N/A (linked to specific business)
Pathway to ILR
Yes, after 5 years
Yes, after 5 years
Yes, after 3 years
Processing Time
3 weeks (standard)
3 weeks (standard)
8 weeks (standard)

 

While the Skilled Worker Visa requires continuous sponsorship or the duration of the visa, the Scale Up visa does not impose a sponsorship requirement after the first six months of the visa. This reduces the administrative burden on employers, while allowing greater flexibility for Scale Up workers, as they can switch jobs after six months without needing to update their visa, offering a level of job mobility not typically found with other visas. It also has a lower general salary threshold than the Skilled Worker Visa, making it potentially open to more skilled workers.

However, the Scale Up visa is limited to businesses that are rapidly expanding and have demonstrated significant growth, whereas the Skilled Worker visa is open to all employers across all parts of the economy, provided they have a valid sponsor licence.

When compared to the Innovator Founder Visa, which is designed for entrepreneurs looking to establish a business in the UK, the Scale Up visa is focused on employees rather than business founders. The Innovator Founder Visa also requires endorsement from an approved body, whereas the Scale Up Visa is granted based on the business’s growth metrics.

 

 

Section B: Scale Up Visa Sponsorship Rules

 

The Scale Up category is a hybrid visa, imposing sponsorship requirements on the employer during the visa application process and the first six months of the visa’s validity. After this initial six-month period, the worker no longer needs to be sponsored, which has the effect of alleviating the employer of its sponsorship compliance obligations in relation to the Scale Up worker, and means the worker has the option to change roles or employer.

 

1. Initial 6 Months of the Scale Up Visa

 

During the visa application stage, businesses intending to sponsor a worker under the Scale Up Visa must first obtain a sponsorship licence from the UK Home Office. The business must demonstrate that it meets specific eligibility criteria, including a consistent growth rate of at least 20% in employment or turnover over the past three years. Once the licence is granted, the business issues a Certificate of Sponsorship (CoS) to the prospective employee, detailing the job offer, salary, and role specifics. The CoS is a crucial document that the worker needs to include in their visa application.

Once the visa is approved and the worker arrives in the UK, the first six months of employment are closely tied to the sponsoring business. During this period, the worker is required to remain employed by the sponsoring company in the role specified in the CoS. The business must ensure that the job meets the minimum salary requirement of £36,300 per year or the “going rate” for the occupation, whichever is higher. Compliance with these rules is essential, as any deviation could affect the worker’s visa status. After the initial six months, the worker gains more flexibility and is permitted to switch employers without needing to update their visa.

 

2. After 6 months of Scale Up Sponsorship

 

A sponsored Scale Up worker who makes a successful visa application on the Scale Up route will initially be granted permission to work in the UK for a period of 2 years. However, the worker will only need to be sponsored for the first six months of their permission.

After 6 months, the original employer will no longer sponsor the worker after this period, even if they continue to employ them. At this stage, the worker can continue working for their original employer without being sponsored. However, they will also have the option to change job or even employer without requiring renewed sponsorship, provided they continue to meet the relevant requirements on the Scale Up route.

For the original sponsor, who is likely to have invested a great deal of time and resources in applying for a Scale Up sponsor licence so as to recruit a migrant worker from overseas, this can prove to be an expensive exercise, so it is often in the interests of the sponsoring employer to provide an incentive for the worker to stay on. This is perhaps the biggest downside for sponsors when it comes to recruiting Scale Up workers.

However, on the plus side, if the worker continues to work for their original employer, the employer will be relieved of any further sponsorship duties moving forward. It is, therefore, only during the first six months that you will need to comply with your reporting duties, for example, informing UKVI if the worker is absent from work without your permission or if there are any significant changes to the nature of their role or salary, or to your business.

 

3. After 2 Years of Scale Up Sponsorship

 

At the end of the 2-year visa under the Scale Up route, the migrant worker can opt to make an unsponsored application and be granted permission on this route for a further period of 3 years.

There is also no limit on the number of times that they can apply to extend their stay. After five years of lawful continuous residence in the UK on the Scale Up route, or even in combination with other eligible or eligible routes, the overseas worker can then apply to settle permanently in the UK, otherwise known as indefinite leave to remain.

 

Section C: Scale Up Visa Requirements

 

The Scale Up visa requires both the employer and the worker to meet specific eligibility criteria.

 

1. Scale Up Visa Worker Requirements

 

Applicants on this route must be aged 18 or over on the date of application. They must also have a genuine, high-skilled sponsored job offer from an authorised UK Scale Up business at the required salary level. The job must be skilled to RQF 6 and equivalent (graduate level). This means that the applicant must be sponsored for a job in an occupation code listed in Appendix Skilled Occupations under the UK’s Immigration Rules that is identified as eligible for the Scale Up route.

The applicant must also be paid at least £36,300 per year, or the ‘going rate’ for the occupation code in question, whichever is the higher.

The English language and financial requirements will apply under the Scale Up route, as in other work routes under the UK’s points-based system. This means that, unless an exemption applies, the applicant must be able to prove their English language ability in reading, writing, speaking and listening to at least CEFR level B1 (the Common European Framework of Reference for Languages). The applicant must show that they meet the English language requirement as set out in Appendix English Language under the Immigration Rules.

Under the financial requirement, unless the applicant is applying for permission to stay and has been lawfully in the UK for 12 months or longer on the date of application, they must either show funds of at least £1,270 or have their UK sponsor certify that they’ll maintain and accommodate their recruit up to the end of the first month of their employment. Where applicable, the applicant must show that they’ve held the required funds for a 28-day period and must show funds as specified in Appendix Finance of the Rules.

 

Table: Scale up visa requirements
Eligibility Requirement
Details
Genuine Job Offer
Must have a job offer at the required skill level, i.e., graduate level or above.
Minimum Salary
Must be paid at least £36,300 per annum or the ‘going rate’ for the occupation code, whichever is higher.
Employment Duration
Must work for their UK sponsor for a minimum of 6 months.
English Language Proficiency
Must speak, understand, read, and write English to the required standard, i.e., level B1 or above on the CEFR.
Financial Support
Must have sufficient funds to support themselves on arrival in the UK, i.e., £1,270.

 

Overall, the applicant must be awarded a total of 70 points to be eligible for a Scale Up visa, including 50 points for sponsorship, and a job offer at an appropriate skill and salary level, plus 10 points each for both the English language and financial requirements.

In addition to the eligibility requirements, the standard suitability requirements will apply under the Scale Up route. This means that criminality, misconduct and breaches of immigration law will disqualify an applicant from being granted leave, except if periods of overstaying can be disregarded. Police registration will also be required for certain nationals.

 

2. Scale Up Visa Employer Requirements

 

The Scale Up Visa is designed to help rapidly growing UK businesses attract skilled workers from abroad. To qualify as a sponsor for the Scale Up Visa, employers must meet specific requirements set by the UK government. These requirements ensure that only genuinely high-growth companies can take advantage of this visa route. The key employer requirements are:

 

a. Valid Scale Up Sponsorship Licence

Employers must first apply for and obtain a Scale Up sponsorship licence from the UK Home Office. This licence allows the business to sponsor foreign workers under the Scale Up Visa. The process involves proving that the business is legitimate, meets eligibility criteria, and has the necessary systems in place to manage sponsored employees.

 

b. Growth Criteria

For a business to qualify as a sponsor for the Scale Up Visa, it must demonstrate that it is in a phase of significant growth. The UK government has set clear metrics to identify such businesses:

 

i. Growth Rate

The business must show an average annual growth rate of at least 20% over a three-year period. This growth can be measured in terms of either employee headcount or turnover.

ii. Employee Numbers

At the start of the three-year period, the business must have had a minimum of 10 employees. This ensures that the business has a sufficient operational scale and is genuinely in a scaling phase.

iii. UK Presence

The business must be registered and operating in the UK. This visa is specifically designed to benefit UK-based businesses looking to expand further within the country.

 

c. Genuine Job Offer

The business must offer a genuine job to the prospective worker at the required skill level (graduate level or above).

Under the ‘genuineness’ requirement, UKVI will not award points for sponsorship if it has reasonable grounds to believe that the job role does not exist, is a sham, or has been mainly created so that the migrant worker can apply for entry clearance or permission to stay.

 

d. Compliance and Reporting

Employers must comply with all sponsorship duties, including reporting any changes in the worker’s employment status, such as if the worker leaves the job or if there are changes to their role. Employers must also keep records of the employment and ensure that the worker is being paid at the agreed salary level.

 

e. Duration of Employment

The employer must commit to employing the sponsored worker for at least six months. After this period, the worker can choose to change employers without needing a new visa, but during the first six months, they must remain employed by the sponsoring company.

 

Section D: Scale Up Visa Application Process

 

The Scale Up visa application process is intended to offer a fast-track route for high-growth companies looking to bring in top talent from around the world.

 

1. Step-by-Step Guide on How to Apply for the Scale Up Visa

 

Table: Application Process Overview

Step
Action
Responsible Party
Estimated Time
1
Apply for Sponsorship Licence
Business
8-12 weeks
2
Issue Certificate of Sponsorship (CoS)
Business
1-2 weeks
3
Submit Visa Application
Skilled Worker
1-2 hours
4
Pay Fees and Submit Biometrics
Skilled Worker
Depends on appointment availability
5
Application Processing
UK Home Office
3 weeks (standard)
6
Receive Visa Decision
Skilled Worker
Upon completion of processing

 

Step 1: Sponsorship Licence Application (For Businesses)

The business first has to apply for a sponsorship license from the UK Home Office if they don’t already have one. This involves providing evidence of their eligibility, including growth metrics and proof of UK operations.

Once approved, the business will receive a sponsorship license number, which is necessary for issuing a Certificate of Sponsorship (CoS) to the skilled worker.

 

Step 2: Assign Certificate of Sponsorship (CoS)

The business issues a CoS to the skilled worker. This certificate includes details about the job offer, salary, and other relevant information.

The CoS is electronically assigned to the skilled worker, who will need this to proceed with their visa application.

 

Step 3: Visa Application (For Workers)

The worker completes the online visa application form, providing details of the CoS and other personal information.

The worker must pay the application fee and the Immigration Health Surcharge (IHS), which grants access to the UK’s National Health Service (NHS).

The worker books an appointment at a visa application centre to submit their biometric information (fingerprints and photograph).

 

Step 4: Decision and Arrival

The UK Home Office reviews the application, and a decision is typically made within three weeks for applications submitted from outside the UK or within eight weeks for those inside the UK.

If approved, the worker will receive a visa vignette (a sticker in their passport) or a Biometric Residence Permit (BRP) upon arrival in the UK.

 

2. Required Documents

 

The application process requires the submission of various documents to verify eligibility:

 

Table: Scale Up Visa Application Supporting Documents
Category
Required Documents
For Businesses:
Evidence of Business Growth
Audited financial statements, payroll records showing employee growth.
Proof of UK Registration and Operation
Business registration documents proving legal operation in the UK.
Sponsorship Licence Application Documents
Documents required for applying for a sponsorship licence.
For Skilled Workers:
Certificate of Sponsorship (CoS)
A valid CoS issued by a licensed Scale Up business.
Proof of Job Offer
Includes role description, salary details, and contract duration.
Evidence of English Language Proficiency
IELTS test results or a degree taught in English.
Passport or Travel Document
A valid passport or travel document for identity verification.
Tuberculosis Test Results
Required for applicants from certain countries (if applicable).
Proof of Personal Savings
Evidence to show financial capability to support yourself if the employer is not certifying your maintenance.

 

The business will need to provide documents covering the following:

 

a. Evidence of business growth (e.g., audited financial statements, payroll records showing employee growth).

b. Proof of UK registration and operation (e.g., business registration documents).

c. Sponsorship licence application documents.

 

The visa applicant will need to provide:

 

a. A valid Certificate of Sponsorship (CoS) from a licensed Scale Up business.

b. Proof of job offer, including the role description, salary details, and contract duration.

c. Evidence of English language proficiency (e.g., IELTS test results or a degree taught in English).

d. Passport or travel document.

e. Tuberculosis test results (if applicable).

f. Proof of personal savings to support yourself (if the employer is not certifying your maintenance).

 

These lists are not exhaustive, and it will be important to ensure that the application comprises all necessary and relevant supporting documents to prove eligibility.

In particular, the sponsor licence application will require extensive documentation, as required under Appendix A and other relevant guidelines.

 

3. Scale Up Visa Processing Times

 

Scale Up visa applications submitted outside the UK typically take about three weeks to process, while applications submitted from within the UK may take up to eight weeks.

Priority services may be available for faster processing at an additional cost if the applicant is using the ‘UK Immigration: ID Check’ app to scan their identity document.

The priority service allows for processing within five working days for an additional fee of £500, while super priority processing for a next working day decision costs an additional £1000 per application.

 

Table: Timeline for Scale Up Visa Process

Stage
Duration
Notes
Sponsorship Licence Approval
8-12 weeks
Businesses must apply first
Issuance of CoS
1-2 weeks
After sponsorship is approved
Visa Application Submission
1-2 hours
Online process
Biometric Appointment
1-2 weeks
Depends on location
Application Processing
3 weeks (standard)
Priority processing available
Total Estimated Time
12-16 weeks
From initial sponsorship to visa approval

 

4. Scale Up Visa Application Fees

 

The fee for applying for the Scale Up Visa is £822. This fee applies to each applicant, including any dependants (such as spouses or children) who are applying to join the main applicant in the UK.

In addition, Scale Up applicants will be liable to pay the Immigration Health Surcharge of £1,035 per year of leave for most applicants.

Depending on where you apply, there may be a fee for submitting your biometric information (fingerprints and photograph) at a visa application centre.

If you choose to use a priority service to expedite your application, additional fees will apply. The cost varies depending on the level of service and processing speed selected.

If any of your documents are not in English or Welsh, you may need to pay for certified translations.

While not a direct fee, applicants must demonstrate they have sufficient funds to support themselves upon arrival in the UK (unless their employer will be supporting them, which must be confirmed on the CoS). This typically requires showing at least £1,270 in your bank account for 28 consecutive days before applying unless your employer certifies your maintenance.

 

5. Tips for a Successful Application

 

It is important to double-check all the information provided in the application, including personal details and the information on the Certificate of Sponsorship. Ensuring that everything is accurate helps to avoid potential issues or delays in processing.

Gathering all required documents in advance is advisable to prevent any last-minute rush or missing paperwork, which could lead to unnecessary delays in the application process.

For those facing time constraints, priority or super-priority services can be considered to expedite the processing time. These services are particularly useful when time is of the essence.

Maintaining regular communication with your sponsor throughout the process is also crucial. This ensures that all details are aligned and any issues that arise can be promptly addressed, helping to keep the application on track.

 

Section E: Extending a Scale Up Visa

 

Initially, the Scale Up Visa is granted for two years, and after this period, the visa holder can apply to extend their stay in the UK. The extension can be for up to three years, provided that certain conditions are met.

The applicant must have been employed in a qualifying role with a Scale Up sponsor for at least six months during the initial visa period. After the initial six months, the worker can continue working for the same employer or switch to a different job without the need for a new Certificate of Sponsorship.

The applicant must also meet the relevant salary threshold, which is at least £36,300 per annum or the going rate for the occupation, whichever is higher.

The worker must have been continuously employed in the UK and have received regular pay from a UK employer during the initial visa period.

The applicant may also need to provide evidence of their earnings through payslips or other relevant documents to demonstrate that they meet the income requirements.

If the extension is granted, the worker can remain in the UK for an additional three years, and after five years of continuous residence, they may be eligible to apply for Indefinite Leave to Remain (ILR).

 

Section F: Scale Up Visa Benefits

 

The Scale Up Visa offers significant advantages for both high-growth businesses and for non-UK workers.

 

1. Benefits For Businesses

 

The Scale Up Visa allows businesses to tap into a wider pool of skilled professionals from around the world, enabling them to fill crucial roles that are essential for their growth and innovation.

The requirements for sponsoring a Scale Up visa are tailored to high-growth companies, making the process more streamlined compared to other visa routes. Once the business is recognised as a Scale Up, it gains the flexibility to hire international talent with fewer bureaucratic hurdles.

While the Scale Up Visa is broadly available across sectors, certain high-growth industries may find it particularly beneficial:

 

a. Technology and Digital: Sectors such as software development, fintech, and artificial intelligence are likely to be significant users of the Scale Up Visa, as they often experience rapid growth and require highly specialised talent.

 

b. Healthcare and Life Sciences: With ongoing innovations and the need for skilled professionals in these areas, businesses in healthcare, biotechnology, and pharmaceuticals may also benefit from the Scale Up Visa.

 

c. Green Energy and Sustainability: As the UK pushes towards its net-zero goals, businesses in renewable energy and sustainability sectors may use this visa to attract the expertise needed to scale their operations.

 

2. Benefits For Workers

 

The Scale Up Visa is particularly appealing to professionals looking to work in high-growth environments where they can contribute to and benefit from the rapid expansion of innovative companies.

After the initial six months with the sponsoring employer, the Scale Up Visa allows workers to switch jobs without needing to update their visa, offering greater career flexibility.

One of the most attractive features of the Scale Up Visa is its potential to lead to long-term residency in the UK. After completing five years on the Scale Up Visa, workers can apply for Indefinite Leave to Remain (ILR), provided they meet the necessary requirements, such as continuous residence and meeting salary thresholds.

ILR allows individuals to live and work in the UK without any time restrictions. It is a significant step towards full citizenship, offering additional security and benefits.

To qualify for ILR, applicants must have spent five continuous years in the UK on a Scale Up Visa, demonstrate their ability to maintain a certain income level and pass the Life in the UK Test. After holding ILR for one year, individuals can apply for British citizenship, gaining full rights as a UK citizen.

 

Section G: Scale Up Visa Case Studies

 

The following case studies illustrate how the Scale Up visa can be used in practice to enable UK businesses to hire global talent:

 

Case Study 1: Tech Startup Expansion

A UK-based fintech startup, rapidly growing due to increased demand for its innovative financial solutions, used the Scale Up Visa to recruit a team of international software developers. By leveraging the visa’s flexibility, the company was able to attract highly skilled talent that was essential for meeting their product development milestones. Within a year, the startup doubled its customer base, significantly increased its revenue, and expanded its operations globally, attributing much of its success to the skilled workers brought in under the Scale Up Visa.

 

Case Study 2: Biotech Innovation

A biotechnology company focused on cutting-edge research in genetic therapies used the Scale Up Visa to hire specialised researchers and scientists from across the globe. These professionals brought unique expertise that was not readily available in the UK, helping the company achieve breakthroughs that attracted significant investment. The success of these projects not only advanced the company’s position in the market but also contributed to the UK’s reputation as a leader in life sciences.

 

Case Study 3: International Talent Thrives

An experienced data scientist from India applied for the Scale Up Visa after receiving an offer from a fast-growing UK AI company. The flexibility of the visa allowed her to explore different roles within the company, leading to her eventual promotion to a senior leadership position. After five years, she applied for ILR, and now, as a permanent resident, she continues to contribute to the company’s success and has become an integral part of the UK’s tech ecosystem.

 

Section H: Summary

 

The Scale Up visa UK is designed to assist high-growth businesses in the UK by enabling them to recruit talent from overseas so as to maintain and accelerate business growth, provided they meet specific criteria. The employer must have a sponsorship licence and demonstrate an average annual growth rate of at least 20% in either employment or turnover over a three-year period. They must also have had at least ten employees at the start of this period.

For UK employers, key considerations include ensuring that the job offer meets the required skill level, typically at graduate level or above, and that the salary offered is at least £36,300 per annum or the going rate for the role, whichever is higher. Employers are also responsible for ensuring that the sponsored worker remains employed with them for a minimum of six months.

It is important to maintain compliance with all sponsorship duties, including reporting any changes in the worker’s employment status.

 

Section I: Need Assistance?

 

DavidsonMorris are UK business immigration specialists. Our team of experts support employers to meet their talent needs through international recruitment. We advise on making Scale Up Sponsor Licence applications, sponsoring workers under the Scale Up route, and making Scale Up visa applications. Contact us for expert advice.

 

Section J: Scale Up Visa FAQs

 

What is the Scale Up Visa?
The Scale Up Visa is a UK immigration route designed to help high-growth businesses attract and employ skilled workers from outside the UK. It allows companies that are scaling rapidly to hire international talent with greater ease and flexibility.

 

Who is eligible to apply for the Scale Up Visa?
Both businesses and skilled workers must meet specific eligibility criteria to qualify for the Scale Up Visa. Businesses must demonstrate a growth rate of at least 20% in employment or turnover over a three-year period and have at least 10 employees at the start of that period. Skilled workers must have a valid job offer from a qualifying business, meet certain skill and salary requirements, and demonstrate English language proficiency.

 

What are the benefits of the Scale Up Visa for skilled workers?
The Scale Up Visa offers several benefits for skilled workers, including the opportunity to work in the UK for a high-growth company, the flexibility to change jobs after six months without needing to update the visa, and a pathway to long-term residency through Indefinite Leave to Remain (ILR).

 

How long is the Scale Up Visa valid for?
The Scale Up Visa is initially granted for two years. After this period, workers can extend their visa for an additional three years. After five years of continuous residence in the UK, they may be eligible to apply for Indefinite Leave to Remain (ILR).

 

What documents are required to apply for the Scale Up Visa?
Applicants need a valid Certificate of Sponsorship (CoS) from a licensed Scale Up business, proof of a job offer meeting the required salary threshold, evidence of English language proficiency, a passport or travel document, and possibly a tuberculosis test result (depending on the country of origin). Businesses need to provide evidence of growth metrics and UK operations to qualify as sponsors.

 

How much does it cost to apply for the Scale Up Visa?
The application fee for the Scale Up Visa is £822. In addition, applicants must pay the Immigration Health Surcharge (IHS), which is usually £1,035 per year of leave.

 

Can I switch employers while on a Scale Up Visa?
One of the key benefits of the Scale Up Visa is that it allows workers to switch employers after six months without needing to apply for a new visa. This offers significant job flexibility compared to other visa routes.

 

What happens if my Scale Up Visa application is rejected?
If your application is rejected, you will be informed of the reasons, and you may have the option to appeal the decision or submit a new application with additional information. It is advisable to consult with an immigration advisor to understand your options and ensure that any future applications are successful.

 

Can my family members join me in the UK on a Scale Up Visa?
Workers on a Scale Up Visa can bring their dependents to the UK. Dependents include a spouse or partner and children under 18 years old. Each family member will need to apply for a dependent visa and meet the necessary requirements.

 

How does the Scale Up Visa compare to other UK visas?
The Scale Up Visa offers more flexibility and is specifically designed for high-growth businesses and highly skilled workers. Unlike the Skilled Worker Visa, the Scale Up Visa allows workers to change jobs after six months without updating their visa. Compared to the Innovator Founder Visa, which is aimed at entrepreneurs, the Scale Up Visa is focused on employees and businesses that are already established and looking to scale.

 

Can I apply for Indefinite Leave to Remain (ILR) with a Scale Up Visa?
After five years of continuous residence in the UK on a Scale Up Visa, you may be eligible to apply for Indefinite Leave to Remain (ILR). This status allows you to live and work in the UK without time restrictions and is a significant step towards full citizenship.

 

Section K: Glossary

 

Term
Definition
Scale Up Visa
A UK immigration route designed to help rapidly growing businesses attract skilled workers from outside the UK.
Certificate of Sponsorship (CoS)
A unique reference number issued by a licensed sponsor (employer) that is required for visa applications.
Sponsorship Licence
Authorisation granted to UK businesses allowing them to sponsor and employ foreign workers under various visa categories.
Skilled Worker
An individual with specialised knowledge or expertise, typically holding qualifications equivalent to a bachelor’s degree.
Indefinite Leave to Remain (ILR)
Permanent residency status allowing individuals to live and work in the UK without any time restrictions.
Immigration Health Surcharge (IHS)
A fee paid as part of the visa application, granting access to the UK’s National Health Service (NHS).
English Language Proficiency
The ability to speak, read, and write in English at the required level, demonstrated through approved tests or qualifications.
Biometric Residence Permit (BRP)
A physical card issued to non-UK nationals living in the UK, showing their immigration status, visa type, and duration.
Priority Service
An optional service that expedites the processing time of visa applications for an additional fee.
RQF Level 6
The Regulated Qualifications Framework level equivalent to a bachelor’s degree, used to determine the skill level for visa eligibility.
Innovator Visa
A UK visa for entrepreneurs seeking to establish and run an innovative business in the UK, requiring endorsement by an approved body.
Skilled Worker Visa
A UK visa allowing businesses to employ skilled workers from outside the UK, with specific requirements for salary and sponsorship.
Visa Application Centre (VAC)
Locations where applicants submit biometric information and other documents for their visa applications.
Application Fee
The cost paid by applicants when submitting a visa application, excluding additional fees like the Immigration Health Surcharge.
Immigration Advisor
A professional who provides guidance and advice on immigration matters, including visa applications and compliance.

 

Section L: Additional Resources

 

UK Government Scale Up Visa Guidance
https://www.gov.uk/scale-up-worker-visa
Provides detailed information on the eligibility requirements, application process, and conditions of the Scale Up Visa.

 

UK Visas and Immigration (UKVI) Official Website
https://www.gov.uk/browse/visas-immigration
Offers comprehensive resources on various UK visas, including the Scale Up Visa, and general immigration policies.

 

Home Office Sponsorship Management System
https://www.gov.uk/uk-visa-sponsorship-employers
Guidance for UK employers on how to apply for a sponsorship licence and manage sponsored workers under different visa categories.

 

Immigration Health Surcharge (IHS) Information
https://www.gov.uk/healthcare-immigration-application/how-much-pay
Details the cost and payment procedures for the Immigration Health Surcharge required with most UK visa applications.

 

English Language Proficiency Requirements
https://www.gov.uk/english-language
Information on meeting English language requirements for visa applications, including accepted tests and qualifications.

 

Find a Visa Application Centre
https://www.gov.uk/find-a-visa-application-centre
Tool to locate visa application centres where biometric information can be submitted and other application services can be accessed.

 

Apply for Indefinite Leave to Remain (ILR)
https://www.gov.uk/indefinite-leave-to-remain
Provides guidelines on applying for Indefinite Leave to Remain after meeting the residency requirements.

 

UK Government Contact Page for Immigration Queries
https://www.gov.uk/contact-ukvi-inside-outside-uk
Contact details for inquiries and assistance related to UK immigration and nationality services.

 

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

Contact DavidsonMorris
Get in touch with DavidsonMorris for general enquiries, feedback and requests for information.
Stay in the know!
Sign up to our updates for employers:
Want to hear about our latest training webinars?
Find us on: