The UK Scale-Up Visa is a unique work visa created by the UK Government to help growing companies hire talented people from other countries. The visa lets your employees live and work in the UK for up to two years. The main advantage for employers is that after the first 6 months, you do not need to continue sponsoring the employee.
As an employer, using the Scale-Up Visa gives you several advantages:
To sponsor workers on the Scale-Up Visa, your company must have grown by at least 20% each year for the last 3 years. This growth can be measured by either:
Your company must have had at least 10 employees starting the 3-year growth period.
You must hold a valid Scale-Up Sponsor Licence to issue certificates of sponsorship. This is different from other sponsor licences and specifically for Scale-Up employers.
To sponsor Scale-Up workers, you must apply for a Scale-Up Sponsor Licence from the Home Office. You must provide evidence of your company’s growth over the last 3 years.
Once approved, you can issue Certificates of Sponsorship to potential employees. These certificates contain specific details about the job role and requirements.
As a sponsor, you must keep certain records about your sponsored employees, including contact details, right-to-work documents, and attendance records.
You can only sponsor roles that are on the list of eligible occupations. These are typically skilled professional roles.
The Scale-Up Visa is designed for “highly skilled” and “academically elite” workers. The role you offer must require this level of skill and education.
During the first 6 months, the employee must work for you in the job role specified on their Certificate of Sponsorship. You have standard sponsorship duties during this period.
After the initial 6 months, your formal sponsorship duties end. The employee can:
This gives you and the employee more flexibility while reducing your administrative burden.
The Scale-Up Visa typically costs less than other visa routes for your company and the employee.
With only 6 months of formal sponsorship required, you have fewer ongoing duties than other visa types.
The Scale-Up Visa is ideal if you need skilled workers for a specific project or to help establish new operations. After that, they can move on to other employers.
Even though your sponsorship duties are reduced, you must still conduct proper right-to-work checks for all Scale-Up Visa holders.
You must report specific changes or events to the Home Office during the sponsorship period, such as if the employee stops working for you.
To keep your Scale-Up Sponsor Licence, you must continue to meet the growth criteria and comply with all sponsorship duties.
Consider how you will manage the relationship after the required 6-month period.
Even though employees can leave after 6 months, you can implement strategies, such as career development plans or competitive benefits, to encourage them to stay.
Our expert team can help you apply for and obtain your Scale-Up Sponsor Licence, including gathering the necessary evidence of growth.
We can review your HR processes to ensure you meet all the requirements for sponsoring Scale-Up Visa holders. Know more about Sponsor Licence Compliance
We can assist your potential employees with their Scale-Up Visa applications to improve success rates and speed up the process.
1. How do we prove our company meets the growth requirements?
You must provide financial records or employee data showing 20% yearly growth for 3 years. This can include annual accounts, PAYE records, or other official documentation.
2. Can we sponsor existing employees for the Scale-Up Visa?
Yes, if they meet the eligibility requirements. Existing employees who are in the UK on certain visa types can switch to the Scale-Up Visa.
3. What happens if our company no longer meets the growth criteria?
You may lose your Scale-Up Sponsor Licence if your company stops meeting the growth criteria. However, this would not affect employees who have completed their first 6 months of sponsorship.
4. Are there limits on how many people we can sponsor?
There is no set limit, but you must show that each role is genuine and meets the skill and salary requirements.
5. What if a sponsored employee leaves before the 6-month period ends?
You must report this to the Home Office. The employee’s visa may be curtailed if they do not find another sponsor quickly.
6. Can we rehire someone after the initial 6-month sponsorship period?
Yes. After the first 6 months, you can employ a Scale-Up Visa holder without sponsorship responsibilities. They are free to work for any UK employer.
7. How does the Scale-Up Visa compare to the Skilled Worker Visa for employers?
The Scale-Up Visa requires only 6 months of sponsorship instead of the continuous sponsorship needed for Skilled Worker Visas. This means less administrative work and reduced long-term responsibility.
8. Can we help employees with their visa application costs?
Yes, you can cover the visa application fees and healthcare surcharge for employees, although this is not required.
9. Do we need separate sponsor licences for different visa types?
Yes. You need the appropriate licence for each visa type if you want to sponsor both Scale-Up and Skilled Worker visas.
10. What records must we keep for Scale-Up Visa holders?
During the sponsorship period, you must keep contact details, copies of right-to-work documents, job details, and attendance records. Standard employee records should be maintained throughout their employment.
Disclaimer
The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific advice in relation to any decision or course of action.
You’re welcome to call us on +44 020 7903 6888 or email us at contact@davenportsolicitors.com. We aim to reply within 24 hours.
