With a new visa route promised in the Autumn 2021 Budget, the British government aims to ‘help the UK’s fastest-growing businesses to access overseas talent’ by implementing the Scale-Up Visa, which is due to open on 22nd August 2022. 

The aim of the Scale-Up Visa is to make it easier and quicker for companies in the scale-up phase (i.e. those experiencing rapid growth) to hire the best-skilled labour from around the world.

If you are a business owner or an employee based outside of the UK and are interested in the new visa route, JMW Solicitors may be able to help.

Contact our expert immigration solicitors, and we will be able to offer advice on whether the visa may be able to help you when it is implemented. Call +44203 675 7600, or fill in our online enquiry form and we will arrange a time to contact you back.

How JMW Can Help

By reaching out to our immigration experts, JMW will be able to help you to navigate through the complicated visa process. Our team of experts will offer advice on how best to apply for a Scale-Up Visa and explain what documentation you will need. We will also be able to assess your situation, advising on which visa is right for you and the best steps for you to take.

You should hire a professional immigration solicitor to assist with your application, as it is difficult to fulfil all of the legal responsibilities of a visa application without expert help. We will be able to guide you through the process, offering advice and suggestions along the way. Any mistakes could lead to long delays in the already long approval process, or even cause your application to be rejected, which you must then follow up through the administration system.

There is a lot of information missing from the official Home Office guidance on how the new visa system will work, but we will monitor the situation and provide as much information as we are able on how to apply for the Scale-Up Visa.

The Scale-Up Visa for Businesses

As stated above, the visa is targeted at a select list of fast-growing businesses within the UK, and much of the ruling is yet to be released. However, there are a number of factors that have been confirmed.

Based on the current criteria, it is predicted that there are currently around 34,000 businesses that qualify for the Scale-Up Visa, but this may change based on new rules and restrictions as the visa regulations are rolled out. The scheme is expected to apply to businesses that are among the most innovative in the UK, across a variety of sectors.

An eligible business will excel in:

  • Innovation
  • Growth
  • Growth potential
  • Size
  • Anticipated size

They must also show that they have achieved one or more of the following:

  • Three years of annual average revenue
  • Employment growth of 20%
  • At least 10 employees from the start of the three-year period

This list is expected to be extended as part of the ongoing Home Office review.

For the route to be successful, the rules surrounding it will need to be very clear from the start, or difficult judgements will have to be made surrounding the value of the visa to overseas candidates and the UK economy.

The Scale-Up Visa for Overseas Employees

The Scale-Up Visa is specifically targeted at ‘highly skilled’ overseas workers, but the Home Office has not yet released a list of the UK Scale-Up visa requirements for applicants, which will help to determine individuals’ success when applying.

However, we do know that: 

  • Applicants will be expected to be able to switch job roles once in the UK
  • There is a fast-track verification process promised, though the details are currently unknown
  • The employee will require a valid Certificate of Sponsorship from their employer
  • A salary of at least £33,000 will need to be paid
  • Applicants will need sufficient English language proficiency

As soon as we receive more information about the requirements of overseas applicants, we will include it here.

FAQs About Scale-Up Visa

Can the Scale-Up Visa be extended?

It is expected that the Scale-Up Visa will allow holders and their eligible dependant family members to extend their stay in the UK. While it is yet to be confirmed, we expect extensions will allow holders to stay for up to five years, at which point, they will be able to apply for settlement (indefinite leave to remain).

Will the Scale-Up Visa count towards indefinite leave to remain (ILR)?

It is highly expected that the Scale-Up Visa will count towards Indefinite Leave to Remain. This may be after five years, or the Home Office may introduce an accelerated pathway to ILR for the most highly skilled and academically elite. As such, this would mirror other schemes such as the investment visa. 

Why Choose JMW?

Our award-winning firm has received recognition from the Legal 500 for our successes and care for clients. Our immigration team is made up of expert solicitors who pride themselves on being well-read on the regular updates and changes to immigration laws. We help businesses and individuals to navigate the complexities of law in a jargon-free and efficient manner, so they can continue to focus on their lives while we manage the legal side.

By employing the services of one of our immigration solicitors, you will receive advice and guidance from some of the most qualified experts in the UK, and have the best chance of success in your application.

Talk to Us

For more information about your business’s eligibility for the Scale-Up Visa UK immigration route, call our expert immigration solicitors on +44203 675 7600, or fill in our online enquiry form, and we will arrange a time to call back.

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