27 June 2022

The Scale-up route is a new business immigration category which is set to launch on 22 August 2022. The new route is aimed at highly-skilled individuals who can support the growth of UK scale-up businesses. Applicants may make a Sponsored Application with a UK Scale-up Sponsor, or, where they have previously held permission as a sponsored Scale-up worker, an Unsponsored Application. Individuals applying for this route will be granted entry clearance or permission to stay for two years if sponsored, and three years if unsponsored. Time spent in the Scale-up route counts towards settlement.

The Scale-up route is part of the UK government’s aim to promote fast-growing innovative companies and businesses. Rishi Sunak has emphasised the importance of a new route that will make “it quicker and easier for fast-growing businesses to bring in highly skilled individuals” to the UK.

Who can apply for the Sponsored Application?
To make a Sponsored Application, the applicant must satisfy the following requirements:

• be aged 18 or over;
• hold a valid Certificate of Sponsorship (CoS) issued by a UK Scale-up Sponsor (confirming that the applicant shall be sponsored for at least six months) ;
• have a job that is genuine;
• have a job at the appropriate skill level (RQF level 6, equivalent to a Bachelor’s degree);
• satisfy the salary requirement of a salary equal to or exceeding all of the following: £33,000 per year; £10.58 per hour; and the “going rate” for the role;
• meet the English language requirement (level B1);
• not rely on public benefits; and
• provide a medical certificate with a valid TB screening, if required.

Who can apply for the Unsponsored Application?
Individuals who have previously been granted entry clearance as a sponsored applicant can make an Unsponsored Application. Applicants must satisfy the following requirements:

• be aged 18 or over;
• have previously been granted permission as a Scale-up worker;
• have earned monthly PAYE earnings equivalent to at least £33,000 per year during for at least 50% of their permission as a Scale-up worker;
• have met the English language requirement (level B1);
• not rely on public funds; and
• provide a medical certificate with a valid TB screening, if required.

Requirements to become a Scale-up Sponsor
In order become a UK Scale-up Sponsor, businesses must demonstrate three years of annual average revenue or employment growth of 20% in addition to employing at least 10 individuals at the beginning of the three-year period. Further guidance on becoming a UK Scale-up Sponsor is expected in the coming months.

Scale-up or Skilled Worker?
Whilst the Scale-up route intends to provide an opportunity for highly-skilled individuals to join growing eligible businesses in “an economy built on innovation,” it possesses many similarities to the Skilled Worker visa. It therefore remains to be seen whether the new route will be a beneficial alternative to the Skilled Worker route.

Individuals who apply for entry clearance by making a Sponsored Application are required to commit to their sponsoring employer for at least six months, after which they can switch employers. This provides migrants with occupational freedom; however, leaves employers with less certainty over retaining employees.

However, a major advantage for sponsors is that – provided they meet the UK Scale-up Sponsor requirements – they do not not need to apply for a sponsorship licence. This provides companies with the flexibility to recruit employees in a timelier manner and at a reduced cost. In addition, businesses will benefit from the six-month period of sponsored employment during which they could apply for a sponsorship licence to sponsor Scale-up workers on the Skilled Workers route.

Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.