SCALE-UP VISA

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What is an SCALE-UP VISA ?

The Scale-up Visa is intended for highly skilled individuals who have been recruited by a recognised UK Scale-up Sponsor. It is designed for professionals who can contribute to the continued growth and success of fast-expanding UK businesses. To qualify, you must have a high-skilled job offer from an eligible Scale-up company, and the role must meet the required salary threshold.

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SCALE-UP VISA

OVERVIEW 

Requirements for a Scale-up Visa – Sponsored Application

To qualify under the Sponsored Application route, you must satisfy UK Visas and Immigration that:

  • You are aged 18 or over
  • You hold a valid Certificate of Sponsorship issued by an approved Scale-up Sponsor for the role you intend to undertake
  • The role you are being sponsored for is genuine
  • The role meets the required skill level, meaning it falls within a SOC 2020 occupation code listed in Table 2 or Table 3 of Appendix Skilled Occupations and is eligible under the Scale-up route
  • Your salary will be at least £36,300 per year and will meet or exceed the ‘going rate’ for the relevant occupation code
  • You meet the English language requirement at a minimum of CEFR Level B2 (equivalent to IELTS 5.5)
  • You have sufficient funds to support yourself without relying on public funds
  • You have provided a valid tuberculosis (TB) certificate, where required

Requirements for a Scale-up Visa – Unsponsored Application

To qualify under the Unsponsored Application route, you must satisfy UK Visas and Immigration that:

  • You are aged 18 or over
  • You have previously been granted permission as a Scale-up Worker
  • During your most recent period of permission, you received monthly PAYE earnings in the UK equivalent to at least:
    • £36,300 per year; or
    • £34,600 per year if your most recent permission was based on a Certificate of Sponsorship issued between 12 April 2023 and 3 April 2024; or
    • £33,000 per year if your most recent permission was based on a Certificate of Sponsorship issued on or before 11 April 2023
  • These earnings must have been achieved for at least 50% of your most recent period of leave as a Scale-up Worker
  • You meet the English language requirement at a minimum of CEFR Level B2
  • You have sufficient funds to support yourself without relying on public funds
  • You have provided a valid TB certificate, where required

Certificate of Sponsorship (CoS) Requirement – Sponsored Application

To apply under the Sponsored route, you must have a valid Certificate of Sponsorship for the role you intend to undertake. This certificate must be issued by an employer that has been authorised by the Home Office to sponsor Scale-up Workers. An employer can obtain a Scale-up Sponsor licence through one of two pathways:

Standard Pathway Under the standard pathway, the Home Office will assess the employer’s growth using information submitted to HMRC.The employer must demonstrate:

  • Annualised growth of at least 20% over a 3-year period, based on either turnover or staffing levels; and
  • A minimum of 10 employees at the beginning of that 3-year period

Grounds for Administrative Review

An administrative review may only be pursued where there has been a caseworking error that could have affected the outcome of the decision or may impact future applications. Examples of such errors include:

  • Incorrect calculation of the length or conditions of leave granted.
  • Improper cancellation of leave or entry clearance based on allegations of false representations, use of incorrect documentation, previous breaches, or non-disclosure of material facts
  • Application of the wrong Immigration Rules, or failure to apply the relevant provisions correctly
  • Failure by the Home Office to request necessary supporting documents before reaching a decision
  • Incorrect refusal on the basis that an application was submitted outside the permitted time limits

Endorsing Body Pathway

This pathway is designed for businesses that cannot meet the standard criteria due to a shorter trading history but can clearly demonstrate strong growth potential.

An approved endorsing body must confirm that the business is suitable to apply for a Scale-up Sponsor licence. The employer must meet the specific requirements set by the endorsing body.

General Certificate of Sponsorship Requirements

Regardless of the pathway used, the sponsor must:

  • Hold an A-rated licence on the Home Office register of licensed sponsors
  • Issue a Certificate of Sponsorship for a role that meets the Scale-up criteria
  • Sponsor you for an initial period of 6 months

The Certificate of Sponsorship must:

  • Be issued no more than 3 months before your visa application
  • Include your name, job title, and salary
  • Confirm that you will work for the sponsor for at least 6 months
  • Include a start date within 3 months of your application
  • Confirm that it has not previously been used, withdrawn, or cancelled

Genuine Job Requirement

You must demonstrate that the role you are being sponsored for is genuine.

Your application may be refused if there are reasonable grounds to believe that:

  • The role does not exist or has been created solely to support your visa application
  • The role is not a genuine vacancy
  • You will be working for a third party in a role that is not directly for your sponsor
  • You will be engaged in ongoing contract work or routine services for another organisation

Job Skill Level Requirement – Sponsored Application

The role must meet the required skill level and fall within an eligible SOC 2020 occupation code listed in Appendix Skilled Occupations. While most applicants will meet this requirement if their role appears on the list, the sponsor must select the correct occupation code. The Home Office will assess whether the chosen code is appropriate by considering:

  • Whether the role reflects a genuine business need
  • Whether your qualifications, skills, and experience match the role
  • The sponsor’s compliance history with immigration rules

If the wrong occupation code is used, the application may be refused.

Salary Requirement – Sponsored Application

To qualify, your salary must:

  • Be at least £36,300 per year; and
  • Meet or exceed the ‘going rate’ for the relevant occupation code

Only guaranteed basic gross pay is considered. Additional payments such as bonuses or benefits are not included. If your working hours vary, salary calculations may include hours beyond 48 per week, provided the average working hours over a regular cycle (up to 17 weeks) do not exceed 48 hours per week. Going rates are based on a 37.5-hour working week and must be adjusted proportionately for different working patterns. If the answer is ‘yes,’ the Home Office typically issues a new decision which overrides the original decision. Your new leave begins the day your initial decision is withdrawn. You will also be refunded the Administrative Review application fee.

Earnings Requirement – Unsponsored Application

For the Unsponsored route, your UK earnings must meet the required threshold for at least 50% of your most recent period of leave. Only guaranteed PAYE income recorded in the UK will be considered. Income from self-employment or overseas work will not be included. Periods of statutory leave—such as maternity, paternity, parental, adoption, or sick leave—will be treated as if you continued to earn at the required salary level.

Genuine Earnings Requirement

You must demonstrate that your PAYE earnings are genuine. Your application may be refused if there is evidence that your earnings:

  • Have been artificially inflated or fabricated
  • Do not relate to genuine employment

English Language Requirement

All applicants must demonstrate English language ability across reading, writing, speaking, and listening to at least CEFR Level B1.

This requirement can be met in several ways, including:

  • Being a national of a majority English-speaking country
  • Passing an approved English language test
  • Holding a degree taught in English
  • Completing UK school qualifications in English
  • Having previously met the requirement in a successful visa application

Financial Requirement

Unless exempt, you must show that you have at least £1,270 in available funds. These funds must have been held for at least 28 consecutive days, ending no more than 31 days before your application. You will not need to meet this requirement if:

  • Your sponsor agrees to cover your costs for the first month (confirmed on your CoS), or
  • You have already lived in the UK with valid permission for at least 12 months

Immigration Skills Charge

Scale-up Sponsors are not required to pay the Immigration Skills Charge.

Switching into the Scale-up Route

You may switch into the Scale-up route from most other visa categories.

However, switching is not permitted if you currently hold, or last held, permission as:

  • a Visitor
  • a Short-term Student
  • a Parent of a Child Student
  • a Seasonal Worker
  • a Domestic Worker in a Private Household
  • or outside the Immigration Rules

Duration of Stay

  • Sponsored Application: permission is granted for 2 years
  • Unsponsored Application: permission is granted for 3 years

After completing the initial 6 months of sponsored employment, you are no longer tied to your sponsor.

Conditions of Stay

Under the Sponsored route:

  • You must work for your sponsor for the first 6 months
  • After this period, you may change employers or work independently without sponsorship

Under the Unsponsored route:

  • You have full flexibility to work, including employment, self-employment, or voluntary work

In both cases:

  • You may study
  • You cannot access public funds

Settlement (Indefinite Leave to Remain)

To qualify for settlement, you must demonstrate that:

  • You have completed 5 continuous years in the UK with valid permission
  • Your time includes eligible immigration routes, such as Scale-up, Skilled Worker, Global Talent, and others listed under the rules
  • You are employed in the UK at the required salary level at the date of application
  • You have met the earnings threshold for at least 24 months within the last 3 years
  • You meet the Knowledge of Life in the UK requirement, unless exempt

Only PAYE earnings from UK employment will be considered when assessing salary.

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