Scale Up Visa

The UK Scale-up Worker Visa

The Scale-up Worker visa is one of the most important changes in modern UK immigration policy. It was introduced in August 2022 to help high-growth UK companies attract global talent without the red tape usually linked to sponsorship.

This route is especially appealing for corporate clients. It removes the Immigration Skills Charge and limits mandatory sponsorship duties to the first six months, which reduces long-term administrative work significantly. For private clients, the Scale-up route offers even more: real flexibility. After an initial period of sponsored employment, individuals enjoy nearly complete freedom in the job market. This makes it one of the few UK visas that effectively grants "free agent" status.

As the UK approaches 2026 with stricter immigration controls and higher salary thresholds, it is crucial to understand how the Scale-up route fits within the larger system. This guide explains the eligibility rules, the legal framework, the strategic benefits, and the common compliance challenges that employers and applicants should be aware of.

At Bekenbey Solicitors, led by Dr. Ergul Celiksoy, we assist both employers and professionals in maximising the Scale-up Worker pathway. Our team offers comprehensive support, from checking eligibility and setting up sponsorship to planning for long-term settlement or future visa changes. With our expert guidance, this route can become not just a work visa, but a key platform for sustainable growth and long-term success in the UK.

1. How the Route Works: A Hybrid Model

The Scale-up visa is unique because it divides the worker's permission into two separate stages. Unlike the Skilled Worker route, where the employer is responsible for the entire five years, the Scale-up route serves as a launchpad.

Stage 1: The Sponsored Phase (Months 0 to 6)

For the first six months, the company sponsors the worker. They must work for the sponsor in the role listed on their Certificate of Sponsorship (CoS). During this time, the employer has standard sponsor responsibilities, like reporting if the worker does not show up for work.

Stage 2: The Unsponsored Phase (Month 7 to Year 2)

2. Corporate Eligibility: Becoming a Scale-up Sponsor

To hire a Scale-up worker, a company must have a specific Scale-up Sponsor Licence. This licence is harder to get than a standard Skilled Worker licence because it relies on strict growth measures instead of just having a trading presence.

The Standard Pathway

Most companies qualify through the "standard pathway" which is automated based on data the Home Office retrieves directly from HMRC. To qualify, a company must meet two conditions:

1. Annualised Growth: The company must have achieved growth of 20% or more per year in either turnover or staffing over a three-year period.
2. The "Baseline" Requirement: The company must have had at least 10 employees at the start of this three-year period.

Practical Note: The "10 employee" baseline is often a hurdle. This number comes from PAYE data. Contractors, consultants, and off-payroll staff are not included. We suggest a detailed review of your past RTI (Real Time Information) submissions to HMRC before you apply.

The Endorsing Body Pathway

For newer companies that are growing quickly but lack three years of HMRC history, there is an alternative. You can apply for an endorsement from a Home Office-approved organization, like Envestors Limited or UK Endorsing Services.

To succeed in this process, you need to persuade the endorsing body that your business is financially stable, has enough funds to pay high-skilled salaries, and can meet the 20% growth definition within four years.

3. Worker Eligibility and Salary Thresholds

The Scale-up route is only for highly skilled individuals. The job must be at RQF Level 6, which is graduate level. This is higher than the RQF Level 3 needed for Skilled Workers. As a result, this route is generally limited to roles such as engineers, architects, scientists, and senior managers.

Financial Requirements (Late 2025 / 2026)

The salary thresholds for this route are strictly enforced. To be eligible, a candidate's salary must meet all three of the following figures:

• £39,100 per year (The general threshold).
• The Going Rate for the specific occupation code (SOC 2020).
• £12.50 per hour (approximate minimum based on the 37.5-hour week calculation).

Important Compliance Warning: Only guaranteed basic gross pay counts toward this threshold. You cannot include allowances, guaranteed bonuses, or benefits-in-kind to bridge the gap. If the basic salary is £35,000 and the guaranteed bonus is £5,000, the application will likely be refused.

English Language Changes (January 2026)

Currently, applicants must prove English proficiency at Level B1. However, please be aware that from 8 January 2026, the Home Office is raising this requirement to Level B2 (Upper Intermediate) for new applicants. If you are planning recruitment for early 2026, advise candidates to prepare for this higher standard.

4. The "PAYE Only" Trap: Extension and Settlement

The most important advice we provide to Scale-up visa holders is about their payment.

After the first two years, workers can extend their visa for an additional three years. This extension is "unsponsored", which means you do not need a job offer. However, you must show that you earned enough money during your initial visa.

The Rule: You must show that you had PAYE earnings of at least £39,100 (or the threshold that applied when you were first sponsored) for at least 50% of your time in the UK (e.g., 12 months out of 24).

The Trap:

5. Strategic Comparison: Scale-up vs. Skilled Worker

Clients often ask which route is better. The answer depends on your priorities.

Key Benefit: The exemption from the Immigration Skills Charge is a major cost saver. For a large company, the ISC will rise to £1,320 per year from December 2025. Hiring 10 people on a Scale-up visa instead of a Skilled Worker visa could save a business over £60,000 in government fees over five years.

6. Settlement (Indefinite Leave to Remain)

The Scale-up route leads to settlement after five years. To qualify, the applicant must:

1. Complete 5 years of continuous residence in the UK (combined with other eligible visas like Skilled Worker).
2. Pass the "Life in the UK" test.
3. Meet the earnings requirement at the date of application.

For settlement, you must show that you earned the required salary (e.g. £39,100) through PAYE for at least 24 months out of the 3 years immediately before applying. Again, this emphasizes the need for consistent PAYE income rather than dividends.

7. Bekenbey Solicitors: How We Can Help

The Scale-up visa is a powerful tool, but it requires careful navigation. The automated checks for the sponsor licence are rigid, and the earnings rules for workers are unforgiving.

For Employers: We assist in auditing your PAYE data to verify eligibility for the Standard Pathway or preparing the complex business plans required for the Endorsing Body Pathway.

For Individuals: We provide strategic planning to ensuring your earnings structure remains compliant for future extension and settlement applications, protecting your long-term future in the UK.

Disclaimer: The information in this article is for general guidance only and does not constitute legal advice. Immigration rules change frequently. Please contact Bekenbey Solicitors for advice specific to your circumstances.