Our immigration experts provide an introduction to the Scale-up Worker Visa, explaining how it works, who is eligible and how it compares to the Skilled Worker Visa.
The Scale-up Worker visa provides a flexible option for bringing workers to the UK on a flexible and cost-effective basis.
In this article, we’ll explain the key criteria for the route and when you should consider it.
What is the Scale-up Worker visa?
Introduced in August 2022, the purpose of the Scale-up Worker visa is to allow fast-growing UK businesses to quickly recruit highly skilled overseas workers to support their continued growth.
Scale-up Worker visa criteria
A scale-up business must be fast growing and, in the three years prior to being approved by the Home Office, must have:
grown by 20% in each year in either employment or total sales
had at least 10 employees at the start of the three-year period.
Scale-up Worker visa applicants must:
have a job that is eligible for this visa
be working for a UK scale-up business that has been approved by the Home Office
meet the salary requirements
be working in their sponsored job for at least six months.
Sponsored and unsponsored stages
In contrast to other work visa routes, such as the skilled worker visa, the scale up worker visa is a hybrid visa route which has an initial sponsored stage followed by an unsponsored stages.
Sponsored stage (first two years)
Applicants for the scale up visa will need to be sponsored by an employer when making their initial application. If successful, they will be granted a two-year visa.
For the first six months of the visa, the applicant must remain in their sponsored role with their sponsoring employer. If they wish to change employers or roles during the initial six-month period, they will need to apply for a new visa.
After the initial six-month period, the applicant can continue to work with the same employer, change employers or become self-employed for the next 18 months without needing a new sponsor or updating their visa.
Unsponsored stage (three years onwards)
After the initial two-year visa expires, the applicant can apply for an extension of three years. This extension is unsponsored and can be granted multiple times.
To satisfy the requirements for an extension, the applicant must have earned at least the required salary threshold or above for at least half of the initial two-year visa.
It is worth noting that while the applicant can be self-employed during the initial two-year visa, self-employed income cannot be considered during the application for an extension.
Scale-up Worker visa benefits
The unique benefits of the Scale-up Worker visa over the other work visa routes can make it advantageous for both applicants and employers:
It’s mainly a “fast-track" immigration route that does not require the same time, cost, and responsibility as sponsoring under the skilled worker routes
It permits holders to leave their sponsored role after six months and switch to an unsponsored role
With no immigration skills surcharge for the scale-up visa, it is cheaper than the skilled worker visa
Scale-up visa holders do not need to update their visa if they start a different, eligible job with the same employer.
The general salary threshold for the scale-up worker visa is currently £39,100 or the going rate for the job, whichever is higher, compared to that of the skilled worker visa, which is the higher of £41,700 or the going rate for the job for new applicants.
The scale-up visa offers a path to settlement in the UK. Currently, at the end of the five-year visa period, applicants may be eligible to apply for indefinite leave to remain in the UK.
Scale-up Worker visa considerations
The employer must meet particular criteria (mentioned above) to apply for a Scale-up sponsor licence. The Skilled Worker visa does not have the same eligibility criteria for sponsors.
Migrants have increased flexibility to change employer under this route, which may create challenges regarding employee retention.
How much does a Scale-up Worker visa cost?
While the scale-up worker visa is significantly cheaper than many immigration routes, there can still be significant costs, both for the applicant and the employer.
Costs for the applicant
The applicant must pay an application fee, currently £937. The same fee will also apply for any additional dependents who will be joining the main applicant in the UK.
In addition, the applicant will need to pay the Immigration Health Surcharge of £1,035 per year (so £2,070 when applying for the initial two-year visa and a further £3,105 when applying for the three-year extension). This surcharge will also be payable for any dependents at £1,035 per year for each adult and £776 per year for each child.
Costs for the employer
Employers will need a Scale-up Worker sponsor licence in order to bring employees to the UK under this route. If the employer does not already hold a licence, it will cost £611 to apply.
Along with the application fee, the sponsoring employer must also pay £55 to assign a certificate of sponsorship to the employee.
‘Concierge’ reimbursement scheme
Employers in the field of technology, life sciences and clean energy may be able to take advantage of the ‘concierge’ scheme introduced by the government aimed to attract talented professionals in these fields to the UK.
Qualifying employers can currently claim a reimbursement of £5,000 for each qualifying employee brought in under the Scale-up Worker visa route, up to an annual cap of £25,000.
Applying for a Scale-up Worker visa
Eligible businesses can apply for a scale-up licence either by applying for a new sponsor licence or by adding scale-up to the scope of an existing sponsor licence. This licence will be granted for four years, with no option to renew.
To determine if you meet the requirements, the Home Office will use PAYE data from HMRC.
Applicants should have a minimum of 37 months’ worth of unbroken history with HMRC. If the employment growth is not met, the Home Office will check whether you meet the turnover growth criteria. The application is likely to fail if there are gaps in HMRC records.
Scale-up Worker visa vs Skilled Worker visa
The Scale-up Worker visa is usually seen as an alternative to the Skilled Worker visa.
This table shows key features of each visa:
Feature | Scale-up Worker visa | Skilled Worker visa |
|---|---|---|
Sponsorship duration | The worker needs to be sponsored for the first six months of the visa. | The worker must be sponsored for the full duration of the visa. |
Employer eligibility | Limited to high-growth businesses (20% growth in turnover of headcount over the past three years). | Open to any business which meets the (less stringent) sponsorship requirements. |
Employer fees | Licence fee of £611 covers all employees brought in under this route. | Licence fee of between £611 and £1,682, depending on the size of the business. |
Minimum job skill level | Open to graduate and degree level roles (RQF Level 6 or above) only | Open to graduate and degree level roles (RQF Level 6 or above) only |
Minimum salary | Current minimum of £39,100/year or the role's "going rate", whichever is higher. | Current minimum of £41,700/year or the role's "going rate", whichever is higher. |
Flexibility for workers | Very High. After six months, the worker can change employer or roles without updating their visa or informing the Home Office. | Very low. The worker must apply for a new visa if they wish to change their employer or role. Additional work is restricted to 20 hours per week. |
Extensions | Initial grant of two years. Can extend unsponsored for three years repeatedly, subject to earnings check. | Initial grant of one to five years depending on the contract. Extensions require ongoing employer sponsorship. |
Route to settlement | Eligible for indefinite leave to remain after five years. Worker must earn at least £39,100 per year. | Eligible for indefinite leave to remain after five years. Worker must earn at least £41,700 per year |
Need advice about sponsorship visas?
Our team of experienced immigration solicitors can advise you on obtaining and managing the right sponsor licence, maintaining the highest rating and meeting your ongoing sponsor duties and responsibilities.
