Lotus Legal

Scale-up Worker Visa

The Scale Up Visa is a points-based visa for migrant workers who are recruited by a Scale Up Sponsor in the UK and have the necessary skills to ensure that the sponsor's business continues to grow. This visa is designed to enable those with a suitable job offer at the required skill level from a recognised Scale Up company in the UK to qualify for a fast track visa.
Although the applicant must be employed in the job held by the applicant sponsor for the first 6 months, Scale Up employees are then allowed to work full-time at any skill level.

It is also permitted to undertake training under this pathway, subject to the ATAS condition. This is the requirement to obtain Academic Technology Approval Scheme (ATAS) certification before studying certain sensitive subjects at postgraduate level.

As with other work routes, the Scale-Up worker will be able to bring dependent family members    to the UK, including a dependent spouse and dependent children. Primary visa holders and qualifying family members can also apply for indefinite leave to remain in the UK, provided they meet the other eligibility conditions for settlement.

To be eligible for a Scale Up Visa, the following conditions must be met by the applicant:

Have a genuine job offer at the required skill level
Be paid at least £34,600 per annum or earn the average wage paid in the market for the occupational code in question (whichever of these two figures is the higher)
To have at least B1 level of English
Have enough money to support themselves in the United Kingdom (according to the minimum wage for the year calculated)
Differences Between Scale Up Visa and Skilled Worker Visa
The Scale Up Visa holder has considerable flexibility when working in the UK. Immediately after 6 months in a particular job, the visa holder can change their role within the same company, change companies, take up non-sponsored work or become self-employed without informing the Home Office.

In contrast, if the Skilled Worker Visa holder changes jobs at any time during the visa period, they will need to reapply for the visa. In addition, there are some Skilled Worker Visa restrictions that prevent the visa holder from working outside his/her main job (e.g. not exceeding 20 hours per week when taking an additional job, which must be in the same occupational code as his/her   main job).

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