MANIS LAW

What is the Scale Up visa? 

The Scale-up Visa is intended for talented individuals recruited by a UK Scale-up Sponsor who have the skills required to help the Scale-up business grow. You must have a highly skilled job offer at the required salary level from a qualifying Scale-up business. The Scale-up Visa route will be available on August 22, 2022.

The Scale-Up visa was designed to make it easier and faster for companies experiencing rapid growth (i.e. those in the Scale-Up phase) to hire the best-skilled labour from around the world. A ‘Scale-Up’ is a company that has experienced rapid growth and is ready to advance to the next stage of its commercial development. Such businesses are typically past the start-up stage and have gained greater confidence in terms of return on investment (ROI).

Scale Up businesses are those that are considered to be rapidly growing and meet the following criteria: 

A three-year average revenue or employment growth rate greater than 20%; and a minimum of 10 employees at the start of the three-year period

Who is eligible for the Scale-Up visa?

The UK Scale-Up visa 2022 is a work visa for those with advanced skills and qualifications, but it differs from the Skilled Worker visa in that it does not require sponsorship (a job offer is still required, however). Full Scale-Up visa UK eligibility details are not yet available but will be made available in due course prior to the scheme’s Spring 2022 launch.

Further Requirements for a scale up visa (sponsored and unsponsored visa)

 Sponsored: 

To be eligible for a Scale-up Visa through a Sponsored Application, you must demonstrate to UK Visas and Immigration that:

• You are at least 18 years old; 
• You have a current Certificate of Sponsorship from your UK sponsor for the job you intend to do; 
• The work you intend to do is genuine; 
• The job you want to do requires a certain level of skill. 
• Your salary will be equal to or greater than £33,000 per year, £10.58 per hour, and the job’s ‘going rate.’ 
• You are proficient in English to at least CEFR Level B1 (equivalent to IELTS 4.0). 
• You have enough money to support yourself without relying on government assistance; 
• If required, you have provided a valid TB certificate. 

Unsponsored:

To be eligible for a Scale-up Visa through an Unsponsored Application, you must demonstrate to UK Visas and Immigration that:

• You are at least 18 years old; 
• You have previously been authorised as a Scale-up Worker; 
• You earned at least £33,000 per year in monthly PAYE earnings in the UK during at least 50% of your most recent grant of permission as a Scale-up Worker; 
• You are proficient in English to at least CEFR Level B1 (equivalent to IELTS 4.0). 
• You have enough money to support yourself without relying on government assistance; 
• If required, you have provided a valid TB certificate.

Duration of the Scale-Up visa: 

If you are granted a Scale-up Visa through the Sponsored Application route, you will be granted entry clearance or permission to stay in the country for a period of two years. 

If you are granted a Scale-up Visa through the Unsponsored Application route, you will be granted entry clearance or permission to stay in the country for a period of three years.

How can a business become a scale up sponsor?

Scale-Up Visa UK companies must meet certain eligibility criteria in order to sponsor an overseas worker under the UK Scale-Up visa 2022 scheme. Businesses will be expected to demonstrate the following: 

3 years of annual average revenue or 20% employment growth, and the business must have had at least ten employees at the start of the 3-year period.

Those who meet these criteria will be able to apply through a streamlined application process. Because businesses will not need to apply for and obtain a sponsorship licence under this scheme, the time required to recruit skilled overseas personnel will be significantly reduced.

Is it extendable? Can you renew? 

As part of the Scale-Up visa, holders and their eligible dependant family members are expected to be able to extend their stay in the UK. While this has yet to be confirmed, it is anticipated that extensions will allow holders to stay for up to 5 years before applying for settlement (IRL). 

Can you reach permanent residency with the UK scale up visa?

The Scale-Up visa is expected to count toward Indefinite Leave to Remain. This could be after 5 years, or the Home Office could create an accelerated pathway to ILR for the most highly skilled and academically elite individuals. As a result, this would be similar to other schemes, such as the investment visa.

Will it count towards Indefinite Leave to Remain?

The Scale-Up visa is expected to count toward Indefinite Leave to Remain. This could be after 5 years, or the Home Office could create an accelerated pathway to ILR for the most highly skilled and academically elite individuals. As a result, this would be similar to other schemes, such as the investment visa.

Scale up visa vs Skilled worker visa:

Both visas are part of the Home Office’s points-based immigration system and require a sponsored job offer from a UK employer. The Scale-Up visa also has a higher salary requirement of £33,000, compared to £25,600 for the Skilled Worker visa. Both visas require applicants to be fluent in English.

How can Manis Law help?

Here at Manis Law, our team of lawyers is dedicated to helping Individuals well as their families who are advised and supported throughout the UK immigration process.