The Scale-Up Visa: The Eligibility Requirements
This article consists of two parts, which cover the following topics:
Part 1
What is the Purpose of the Scale-Up Route?
Who Qualifies?
How is the Scale-up Different from Other Sponsored Visas?
3 Requirements to Meet
The Validity Requirements
The Suitability Requirements
Part 2
The Eligibility Requirements
Points-Based Eligibility Requirements
What is the Difference Between Sponsored and Unsponsored Applications?
How Can you Score 50 Points for the Sponsored Application?
and 50 Points for the Unsponsored Application?
How You Can Score 10 Points for the English Language Requirement
How You Can Score 10 Points for the Financial Requirement
The Decision
Conditions
This is part 2. You can jump to part 1 HERE.
The Eligibility Requirements
The Scale-up visa is a points-based system route. You’ll need to score 70 points to meet the eligibility requirements.
Points-Based Eligibility Requirements
70 points
You’ll need to score 70 points from the table below:
| Type of application | Relevant requirements to be met | Points |
| Sponsored Application | Sponsorship | 50 |
| Job at an appropriate skill level | ||
| Appropriate salary | ||
| Unsponsored Application | UK earnings during most recent permission on the Scale-up route | 50 |
| All applications | English language requirement at level B1 | 10 |
| All applications | Financial requirement | 10 |
What is the Difference Between Sponsored and Unsponsored Applications?
According to the rules, your application will need to be a Sponsored one if you cannot meet the rules for an Unsponsored Application.
If Your Previous Scale-Up Worker Visa is Still Valid
You can qualify for an Unsponsored Application if you already have permission to remain in the UK as a Scale-up Worker, and it is still valid when you apply.
If Your Previous Scale-Up Worker Visa Expired
If your Scale-up Worker visa has already expired, you can still apply via the Unsponsored route if you are outside the UK and your Scale-up Worker visa expired less than 6 months in the UK.
Bear in mind that when you are applying in the UK and your visa expired, you become ‘an overstayer’ in legal terms. The Home Office will accept your Scale-up visa application and will disregard the overstaying period in very limited circumstances.
So, if you meet the rules for the Unsponsored Application, you’ll score 50 points.
How Can you Score 50 Points for the Sponsored Application?
If you are applying for the first time, first of all, you’ll need to score 50 points for the sponsored application. For you to achieve this, you’ll need to satisfy 3 components of the Sponsored Application:
- Sponsorship
- Job at an appropriate skill level
- Appropriate salary
Sponsorship
To get the sponsorship points, you’ll need to satisfy the rules regarding:
- A Certificate Sponsorship
- Your employer (called Sponsor)
- Your job
Valid Certificate of Sponsorship
Your certificate of sponsorship should not be withdrawn by the Sponsor or cancelled by the Home Office and issued within more than 3 months when you apply.
Also, it should confirm:
- you name
- your job details
- salary
- PAYE details
- that you are being sponsored under the Scale-up Worker route
- whether Appendix ATAS applies
Your Sponsor (Employer)
The Home Office should have:
- given your sponsor an A-rating
- placed them on the register of licensed sponsors
- authorised to sponsor the job in question under the Scale-up route.
Your Job
The decision maker must not have reasonable grounds to believe the job you are being sponsored to do:
(a) does not exist; or
(b) is a sham; or
(c) has been created mainly so the applicant can apply for entry clearance or permission to stay.
Also, it should not amount to:
(a) the hire of your services and skills to a third party (not the Sponsor) to fill a position with that party, whether temporary or permanent; or
(b) contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party (who is not the Sponsor), regardless of the nature or length of any arrangement between the Sponsor and the third party.
Job at an Appropriate Skill Level
Your job will need to have a unique code, which you can find in Appendix Skilled Occupations. Your job has to be eligible for the Scale-up route.
When assessing this element of the application, the Home Office will be checking the following:
- the Sponsor has chosen the most appropriate code
- there is a genuine need for the job
- that you have the appropriate skills, qualifications and experience for this job
- the Sponsor’s history of compliance with the UK immigration system (e.g. paying its workers appropriately)
- any additional information from the Sponsor
- the sponsor provided a valid ATAS certificate if Appendix ATAS applies
Appropriate salary
The salary which the Sponsor agreed to pay you will need to be:
- at least £33,000 per year
- at least £10.10 per hour
- at the going rate for the occupation.
For example, ABC IT Ltd hired John to work as an IT specialist manager with a gross salary of £34,200 per year (£16,86 per hour).
Although John’s salary will be above £33,000 per year (point No1 is satisfied) and over £10,10 per hour (point 2 is satisfied), the decision maker will refuse John’s Scale-Up application because the going rate for this occupation is £38,000. Therefore, point No3 is not satisfied.
However, if you meet:
- the Sponsorship
- Job at an appropriate skill level
- Appropriate salary
Requirements, you’ll get 50 points.
How Can you Score 50 Points for the Unsponsored Application?
If you already have permission to remain in the UK as a Scale-up Worker and would like to extend your stay in the UK by submitting an unsponsored application, you’ll need to show that your earnings were at the required rate.
When submitting your application, you’ll need to provide evidence confirming that you had monthly PAYE earnings in the UK at the rate of at least £33,000 per year during at least 50% of your permission as a Scale-up worker.
For example, ABC IT Ltd hired John to work as an IT specialist manager with a gross salary of £38,000 per year. An entry clearance officer approved his Scale-up Worker visa for two years.
One year and two months later, John decided to leave ABC IT ltd and work for himself. Before the expiry of his Scale-up Worker visa, he applied to the Home Office to extend his stay in the UK.
John will get the required 50 points for the Unsponsored application because he was earning over £33,000 during 58.3% of his previous permission as a Scale-up worker ((14 months x 100%) / 24 months)
Absences
If you were receiving:
(a) statutory maternity, paternity, parental, or shared parental leave; or
(b) statutory adoption leave; or
(c) sick leave
Then the Home Office will assume that you were getting the same salary during these absences.
For example, ABC IT Ltd hired John to work as an IT specialist manager with a gross salary of £38,000 per year. An entry clearance officer proved his Scale-up Worker visa for two years.
After working at ABC IT Ltd for 6 months, John went on paternity leave for 6 months. After six months of being on paternity leave, John decided to work from home to look after his daughter.
Before the expiry of his Scale-up Worker visa, he applied to the Home Office to extend his stay in the UK. John was awarded the required 50 points for the Unsponsored application because he had PAYE earnings in the UK of over £33,000 during at least 6 months of the remaining 18 months of that permission.
When assessing the Unsponsored application, the Home Office will also check that the business was ‘lawfully and genuinely trading’. Also, they’ll take into consideration any payment which you made to the other parties.
If you meet the above requirements, you’ll get 50 points for the Unsponsored Application.
How You Can Score 10 Points for the English Language Requirement
Unless you are from the majority English-speaking country or have a UK Bachelor Degree or above (or an equivalent), you’ll get 10 points for the English language requirement if you pass the English language test in all 4 components (reading, writing, speaking and listening) at the level of at least level B1 (Common European Framework of Reference).
You can find a Home Office-approved list of tests and providers HERE.
How You Can Score 10 Points for the Financial Requirement
If you are applying for permission to stay and have been in the UK with permission for at least 12 months, you’ll meet the financial requirement automatically and do not need to show funds in support of your application.
If you are applying outside the UK or have been in the UK for less than 12 months, then you’ll need to show that you had at least £1,270 in your bank account for the past 28-days.
Decision on an Application as a Scale-up Worker
If you scored 50 points for the Sponsored application and 20 points for the English language and the Financial requirements, then the decision maker will approve your Scale-up Worker application for the initial 2 years.
If you scored 50 points for the Unsponsored application and 20 points for the English language and the Financial requirements, then the decision maker will approve your Scale-up Worker application for 3 years.
You can extend your visa as many times as you like by 3 years, as long as you still meet the eligibility requirements.
After 5 years, you may be able to apply to settle permanently in the UK (also known as ‘indefinite leave to remain’). This gives you the right to live, work and study here for as long as you like and apply for benefits if you’re eligible.
Conditions
What you CAN do:
- work in your sponsored job for at least 6 months
- leave your sponsored job after 6 months
- study
- bring your partner and children with you as your ‘dependants’, if they’re eligible
- take on additional work, including becoming self-employed
- do voluntary work
- travel abroad and return to the UK
- apply to settle permanently in the UK (also known as ‘indefinite leave to remain’) if you’ve lived in the UK for 5 years and meet the other eligibility requirements
What you CANNOT do:
- apply for most benefits (public funds), or the State Pension
- work as a professional sportsperson, for example, a sports coach
During the first 6 months
- You cannot change employer unless you apply to update your visa.
- You do not need to update your visa if you start a different, eligible job with the same employer.
After 6 months
You can:
- continue working in your job
- change or stop doing your job without telling the Home Office
- be self-employed
You do not need to update your visa.