The UK Scale-Up route offers individuals the opportunity to secure permanent residency in the United Kingdom. Those applying for this route can choose to bring their partner and dependent children with them.

There are two options available for applying to the UK Scale-Up Visa route: the Sponsored Application route and the Unsponsored Application method. If you are applying for the UK Scale-Up route for the first time, you will need to submit a funded application. The Unsponsored Application approach is only open to individuals who have already been authorized as a UK Scale-Up Worker.

Criteria for a UK Scale-up Visa – Sponsored Application.

In order to qualify for a UK Scale-up Visa through a Sponsored Application, you are required to satisfy the following conditions as determined by UK Visas and Immigration:

•    Individuals must be a minimum of 18 years of age.
•    In order to pursue the desired job, you are required to hold a legitimate Certificate of Sponsorship granted by an eligible Scale-up sponsor.
•    The job you plan to engage in must be genuine.
•    The job you plan to engage in must be at an appropriate skill level, as indicated by a SOC 2020 occupation code listed in either Table 2 or Table 3 of Appendix Skilled Occupations, which are recognized as eligible for the Scale-up route.
•    Your salary must be equal to or exceed both £36,300 per year and the 'going rate' for the SOC 2020 occupation code.
•    Proficiency in the English language at a minimum of CEFR Level B1 is required, which corresponds to an IELTS score of 4.0.
•    You must have sufficient funds to support yourself without relying on public funds.
•    If required, you must provide a valid TB certificate.

Requirements for a UK Scale-up Visa – Unsponsored Application

In order to qualify for a UK Scale-up Visa via an Unsponsored Application, you will need to satisfy UK Visas and Immigration that:

• You are aged 18 or over;
• You have previously been granted permission as a Scale-up Worker;
• You had monthly PAYE earnings in the UK equivalent to at least £36,300 per year (or £34,600 per year if your most recent permission on the route was granted on the basis of a Certificate of Sponsorship assigned between 12 April 2023 and 3 April 2024 or £33,000 per year if your most recent permission on the route was granted on the basis of a Certificate of Sponsorship assigned on or before 11 April 2023) during at least 50% of your most recent grant of permission as a Scale-up Worker;
• You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0);
• You have enough money to support yourself without relying on public funds;
• You have provided a valid TB certificate, if required.

Please note that the specific requirements may vary based on your individual circumstances. It is advisable to seek guidance from an immigration lawyer for personalized advice.

The UK Scale-up Visa necessitates the inclusion of a Certificate of Sponsorship (CoS) as a requirement for a sponsored application

In order to apply for the UK Scale-up Visa, it is essential to meet the Certificate of Sponsorship (CoS) requirement. This CoS serves as a crucial document for sponsored applications.

Conventional Route 

The Home Office will evaluate your employer's employment growth and/or turnover growth based on the data provided to HMRC by your company, following the traditional method. 

To be eligible, your employer must have maintained a minimum annual growth rate of 20% over the previous three years, in either turnover or staffing. Additionally, it is required that they had a minimum of 10 employees at the commencement of this three-year duration.

Route for Endorsing Organisation

The endorsing body pathway is designed for organizations that do not meet the criteria of the standard pathway due to a short HMRC history, but can show a strong potential or ability to do so within the next four years.

Under this pathway, a recognized endorsing body will validate your employer's suitability to apply for a UK Scale-up sponsor license.

Your employer must prove to the endorsing body that they fulfill a range of criteria.

General Requirements for Certificate of Sponsorship

Regardless of the pathway your sponsor used for registration, it is essential that your sponsor is listed as an A-rated sponsor on the Home Office's register. 

Upon receiving an A-rated license, a UK Scale-up Sponsor can grant a Certificate of Sponsorship (CoS) and support you for a 6-month period for a position in a SOC 2020 occupation code found in either Table 2 or Table 3 of Appendix Skilled Occupations. 

The job must qualify for the Scale-up route and offer a salary equal to or higher than £36,300 per annum, in addition to meeting the going rate for the SOC 2020 occupation code.
It is important to note that your Certificate of Sponsorship must have been issued within 3 months prior to the date of your UK Scale-up Visa Sponsored Application.

The Certificate of Sponsorship is required to include essential details like your name, job specifics, and salary. It must also indicate your commitment to work for the sponsor for at least half a year. 

The commencement date on the certificate should not exceed 3 months from the submission date of your UK Scale-up Worker Visa application. Furthermore, it needs to be verified that the Certificate of Sponsorship has not been utilized in any past applications that were approved or rejected, and that it has not been revoked by the sponsor or invalidated by the Home Office.

Authentic Job Criteria

To obtain a UK Scale-up Visa, it is essential to demonstrate to the Home Office that you have a legitimate job offer from a sponsoring entity.

If there are valid reasons to suspect that the job you are being sponsored for is non-existent, fraudulent, or solely created for the purpose of applying for a UK Scale-up Visa, your application will be rejected.

Furthermore, the Home Office will also assess whether you have entered into an agreement where you will be filling a temporary or permanent position with a third party who is not your sponsor, or if you will be engaged in contract work that involves performing an ongoing routine role or providing an ongoing routine service to a third party who is not your sponsor.

Skill Level Requirement for a Sponsored Application under the UK Scale-up Visa

To obtain a UK Scale-up Visa through a Sponsored Application, the job you are being sponsored for must meet certain criteria. It should be an eligible job that falls within a specific skill level.

You can be sponsored for a job that is listed in either Table 2 or Table 3 of Appendix Skilled Occupations, under the SOC 2020 occupation code. These tables provide a comprehensive list of job types and related titles that are eligible for the Scale-up route.

Typically, if the job you are being sponsored for is included in the list, it will meet the required skill level.

However, it is crucial for your sponsor to select the appropriate SOC 2020 occupation code. If the Home Office has reasonable grounds to believe that your sponsor has not made the correct choice, your application for a Scale-up Visa will be rejected.

When assessing whether the sponsor has chosen the most suitable SOC 2020 occupation code, the Home Office will consider various factors. 

These include whether there is a genuine need for the job as described, whether you possess the necessary skills, qualifications, and experience to perform the job, and the sponsor's compliance history with the immigration system.

Salary Requirement for a Sponsored Application under the UK Scale-up Visa

To acquire a UK Scale-up Visa through a Sponsored Application, the annual salary for the position you are being sponsored for must be at least £36,300, in addition to meeting the 'going rate' for the corresponding SOC 2020 occupation code.

Overall compensation expectation

The determination of salary is based solely on the guaranteed basic gross pay, which encompasses a maximum of 48 hours per week. It does not encompass any additional remuneration or benefits.

In the event that the applicant is sponsored to work a schedule where the regular hours vary from week to week, resulting in an uneven income, any hours worked beyond 48 hours in certain weeks can be taken into account when assessing the salary threshold of £36,300. 

However, this is only applicable if the average number of hours worked over a regular cycle, which can span up to 17 weeks, does not exceed 48 hours per week. Furthermore, any weeks without pay will be factored into the average calculation when determining if the salary thresholds have been met.

Requirement of Going rate

The rates provided in Table 2 of the Appendix for Skilled Occupations are calculated based on a standard 37.5-hour workweek and should be adjusted proportionally for different working schedules.

Unsponsored applications necessitate UK earnings as a prerequisite for individuals seeking employment as scale-up workers

To be eligible for a UK Scale-up Visa through an Unsponsored Application, you must have earned a minimum of £36,300 per year (or £34,600 per year if your most recent permission was based on a Certificate of Sponsorship assigned between 12 April 2023 and 3 April 2024, or £33,000 per year if your most recent permission was granted based on a Certificate of Sponsorship assigned on or before 11 April 2023) in monthly PAYE earnings in the UK for at least 50% of your time as a Scale-up Worker.

The Home Office will only consider your guaranteed basic gross pay recorded through UK-based PAYE. Any other sources of income, such as self-employment or earnings from outside the UK, will not be taken into account.

In the event of your absence from work due to statutory maternity leave, paternity leave, parental leave, shared parental leave, statutory adoption leave, or sick leave, these periods of absence will be treated as if you were receiving an annual salary of at least £36,300 (or £34,600 or £33,000 per year as applicable).

Authentic Income Prerequisite

To qualify for a UK Scale-up Visa, it is essential to demonstrate to the Home Office that your PAYE earnings are legitimate. 

If there are suspicions that your PAYE earnings are falsified, exaggerated, or not linked to real employment, your Scale-up Worker application will be rejected.

English Language Requirement for all Scale-up Applications in the UK

To be eligible for a UK Scale-up Visa, whether through a Sponsored or Unsponsored Application, it is necessary to demonstrate proficiency in the English language across all four components (reading, writing, speaking, and listening) at a minimum of level B1 (intermediate) on the Common European Framework of Reference for Languages.

Individuals with exceptional skills who have received a job offer from a qualifying UK Scale-up business and are applying for entry clearance or leave to remain as a Scale-up migrant can fulfill the English language requirement if they meet any of the following criteria:

1. They are a citizen of a predominantly English-speaking country.
2.The Secure English Language Test has been successfully passed by them.
3. They have obtained a degree that was taught in English.
4. They have achieved a GCSE/A Level or Scottish Highers qualification in English while studying in the UK.
5. They have previously demonstrated their proficiency at level B1 or higher in a successful application for entry clearance or permission to stay.

Financial Requirement for all Scale-up Applications under the UK Scale-up Visa

In order to qualify for a UK Scale-up Visa, you need to have at least £1,270 in cash funds available.
 
These funds must have been maintained for a continuous period of 28 days, with the period ending no more than 31 days before your visa application date. 

However, if your sponsor agrees to cover your maintenance costs up to £1,270 until the end of your first month of employment, you will be exempt from this financial requirement. 

Your sponsor is required to verify this information on your Certificate of Sponsorship.
 
If you have been legally residing in the UK for 12 months or more at the time of applying for permission to stay, you will automatically satisfy the financial requirement and will not be required to demonstrate funds.

Requirement for Immigration Skills Charge

UK Scale-up Sponsors do not need to make payment for the Immigration Skills Charge.

Transitioning to the UK Scale-up Worker Route

If you are currently authorized to stay in the UK under a different immigration category, you have the option to extend your stay by switching to the UK Scale-up route, unless you were previously granted permission as a Visitor, Short-term student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household, or outside the Immigration Rules.

The time frame of a UK Scale-up Visa

If you are approved for a UK Scale-up Visa through the Sponsored Application method, you will be given entrance clearance or permission to stay in the country for a duration of 2 years. 

Upon the expiration of the 2-year authorization, you will have the opportunity to submit an application without sponsorship.

If you are approved for a UK Scale-up Visa through the Unsponsored Application process, you will be given entrance clearance or permission to stay in the country for a duration of 3 years.

Terms and Conditions for Remaining on the UK Scale-up Visa Route

In the event that you receive a UK Scale-up Visa through the Sponsored Application pathway, you are required to be employed by the sponsoring employer for a period of at least 6 months at the outset. 

After this period, your immigration status will no longer be tied to the original sponsor, allowing you to work for any employer without needing sponsorship. 

Additionally, you are free to participate in extra activities like self-employment, voluntary work, and academic pursuits without requiring sponsorship. Public funds are not available to you.

If you are approved for a UK Scale-up Worker visa under the Unsponsored Application route, you will have immediate authorization to work without restrictions. 

This includes engaging in various activities such as employment, self-employment, and voluntary work without the need for a sponsoring employer. You will also have the freedom to pursue academic endeavors. Public funds will not be accessible to you.

Scale-up Worker’s Settlement

To be eligible for indefinite leave to remain as a UK Scale-up Worker, it is necessary to demonstrate to UK Visas and Immigration that:

•    You have resided continuously in the UK for a period of 5 years with valid leave.
•    The 5-year continuous period includes time spent in various routes such as Scale-up, Skilled Worker, Global Talent, Innovator, T2 Minister of Religion, International Sportsperson, Representative of an Overseas Business, and as a Tier 1 Migrant (excluding Tier 1 Graduate Entrepreneur).
•    You are currently employed in the UK and receive a salary of at least £36,300 per year (or £34,600 per year if your most recent permission was based on a Certificate of Sponsorship assigned 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 assigned on or before 11 April 2023).
•    For at least 24 months within the last 3 years prior to the application date, you have earned 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 assigned 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 assigned on or before 11 April 2023).
•    You fulfill the Knowledge of Life in the UK requirement, unless you are exempted.

Your guaranteed basic gross pay, as recorded through UK-based PAYE, will be taken into consideration by the Home Office. However, any other sources of income, such as earnings from self-employment or earnings from outside the UK, will not be taken into account.

During the past 3 years, any absences from work in the UK due to statutory maternity leave, paternity leave, parental leave, shared parental leave, statutory adoption leave, or sick leave will be considered as periods in which you received earnings equivalent to at least £36,300 per year. 

However, if your most recent permission on the route was granted based on a Certificate of Sponsorship assigned between 12 April 2023 and 3 April 2024, the equivalent earnings will be £34,600 per year. 

Similarly, if your most recent permission on the route was granted based on a Certificate of Sponsorship assigned on or before 11 April 2023, the equivalent earnings will be £33,000 per year.

Authentic Income Prerequisite

To qualify for settlement as a UK Scale-up Worker, it is essential to demonstrate to the Home Office the authenticity of your PAYE earnings. 

If there are suspicions that your PAYE earnings are falsified, exaggerated, or not linked to legitimate employment, your ILR application as a Scale-up Worker will be rejected.

Dependents of applicants for the UK Scale-up Visa

UK Scale-up Visa holders have the option to bring along a dependent partner who is over 18 years old, as well as any dependent children who are under 18 years old.