If you are currently in the UK and hold a Certificate of Sponsorship (CoS) from an employer with a Scale-up Worker Sponsor Licence, you may be eligible to switch to a Scale-up Worker Visa. This transition can be made only if you meet the necessary immigration status and other eligibility criteria. The application for switching to the Scale-up Worker Visa follows the regulations outlined in Appendix Scale-up of the Immigration Rules.

Aden & Co Solicitors is a renowned firm specializing in UK immigration law. Our exceptional team of fully qualified and experienced immigration solicitors provides high-quality services, as evidenced by the 5-star Google Reviews rating from 99% of our clients.

Our dedicated team of work visa experts offers professional legal representation on a fixed-fee basis for your Scale-up Worker Visa application. We can manage your application process, including submitting it through the Super Priority Service to ensure a decision is made within 24 hours.

For personalized, free immigration advice or to book a detailed consultation with our expert team, reach out to us online regarding your Scale-up Worker Visa application.

Comprehensive Requirements for Switching to the Scale-up Worker Visa UK

To successfully transition to the Scale-up Worker visa from within the UK, applicants must fulfill the following essential requirements as per the UK Immigration Rules:

Valid Application Submission
The applicant must submit a valid and complete application to switch to the Scale-up Worker visa while residing in the UK. Any incomplete or inaccurate submissions may result in rejection.

Valid Certificate of Sponsorship (CoS)
A Certificate of Sponsorship (CoS) must be provided by the applicant’s sponsor, ensuring it has been issued no more than three months before the application submission date. This certificate is a crucial document for the application process.

Applicant’s Age Requirement
Applicants must be at least 18 years of age on the date of the Scale-up Worker visa application. This requirement ensures the applicant is legally eligible to work in the UK under this visa category.

Immigration Status Criteria
The applicant must currently be in the UK at the time of application. Furthermore, they should not be in the country on any of the following visa types:

• Visitor Visa
• Short-term Student Visa
• Parent of a Child Student Visa
• Seasonal Worker Visa
• Domestic Worker in a Private Household Visa
• Any status outside the Immigration Rules

Points-Based Requirement for Unsponsored Application

To qualify for an unsponsored application under the Scale-up Worker route, the applicant must achieve a total of 70 points as outlined in the table below. Applicants who have previously held a Scale-up Worker position with a sponsor for at least 6 months under a prior permission on the Scale-up route must meet the following conditions to score 50 points in the second row:

• The applicant must currently hold permission as a Scale-up Worker at the time of the application, or
• The applicant must have had permission as a Scale-up Worker previously, and
• If applying for permission to remain, the conditions set out in paragraph 39E apply.

Breakdown of Points Allocation:

UK Earnings Requirement for Scale-up Worker Visa: Unsponsored Application Criteria

To meet the eligibility for an unsponsored Scale-up Worker application, the applicant must demonstrate a monthly PAYE income equivalent to at least £33,000 per year for a minimum of 50% of their granted Scale-up Worker permission period. For instance, if an applicant is granted a 2-year Scale-up Worker visa, they must show earnings of at least £33,000 per annum for at least 12 months of that period.

Certain absences from work, such as statutory maternity, paternity, parental, shared parental leave, statutory adoption leave, or sick leave, will be treated as periods during which the applicant is still considered to have met the earnings threshold. For example, if an applicant on a 2-year Scale-up Worker visa takes 6 months of leave, they must prove they earned the required amount for the remaining 18 months of the visa.

Definition of PAYE Earnings

PAYE earnings refer to the guaranteed gross pay (before tax), including pension contributions and national insurance payments, as recorded through the PAYE system. It excludes any earnings not subject to PAYE, such as self-employment income, earnings from outside the UK, or income from savings, investments, or other non-employment sources.

Assessment of Earnings Genuineness

The Home Office may assess the authenticity of the PAYE earnings to ensure they are not inflated or fabricated. Factors considered in this evaluation include:

• Verifying the business from which earnings are claimed exists and is operating legally.
• Reviewing any third-party payments made by the applicant.
• Gathering any additional relevant information to substantiate the claim.

If the applicant meets the earnings requirements, they will receive 50 points towards the Unsponsored Application criteria.

Suitability Criteria for Scale-up Worker Visa

To ensure a successful application, the applicant must not be subject to refusal under Part 9: grounds for refusal.

In cases where the applicant seeks to switch to the scale-up worker visa, they must not have:

• Violated immigration laws, except where Paragraph 39E applies, which disregards the overstaying period.
• Currently be under immigration bail.

Written Consent from Official Sponsor

For applicants transitioning to the scale-up worker visa who have received a government or international scholarship covering both tuition and living expenses within 12 months prior to application, written consent from the relevant government or scholarship agency must be provided.

English Language Proficiency Requirement for Scale-up Worker Visa

Applicants must demonstrate proficiency in English, unless exempted. This includes proving the ability to meet at least a B1 level in all four language components (reading, writing, speaking, and listening) under the Common European Framework of Reference for Languages. Applicants must comply with the English language requirements as outlined in Appendix English Language. Successful compliance will earn the applicant 10 points towards their application.

Financial Requirements

• If the applicant is applying from within the UK and has held valid immigration permission for 12 months or longer, they automatically meet the financial requirement and are not required to provide proof of funds.
• If the applicant has been in the UK for less than 12 months on the application date, one of the following must be met:
  • The applicant must have a minimum of £1,270 in funds, held for a consecutive 28-day period, in accordance with Appendix Finance.
  • Alternatively, the applicant’s A-rated sponsor can certify their willingness to support and accommodate the applicant up to the first month of employment, ensuring a minimum of £1,270.

Terms and Conditions for Granting the Scale-up Worker Visa

Applicants who meet the Sponsored Application requirements and are awarded 50 points will receive a two-year entry clearance for the Scale-up Worker Visa.

However, the grant of the Scale-up Worker Visa, if awarded 50 points under the Sponsored Application criteria, will be subject to the following conditions:

• No entitlement to public funds.
• During the initial 6 months of the visa, the applicant must be employed in the role for which they were sponsored.
• After completing 6 months of employment as a Scale-up Worker, the applicant will be permitted to engage in additional work, including self-employment and voluntary work. However, professional sports-related occupations (such as being a sports coach) are prohibited.
• Study is allowed, provided the applicant complies with the ATAS condition outlined in Appendix ATAS.

Priority or Super Priority Service for Switching to the Scale-up Worker Visa

At Aden & Co Solicitors, we are highly experienced work visa experts based in London. Our firm is officially registered with the Home Office, UK Visas & Immigration (UKVI), and its commercial partner UKVCAS Sopra Steria, enabling us to offer Priority or Super Priority Services for those seeking to switch to the Scale-up Worker Visa.

If you choose the Super Priority Service, your application will be processed, and a decision will be made within 24 hours. Alternatively, through the Priority Service, a decision will be made within 5 working days. Our team at Aden & Co Solicitors can expedite the preparation and submission of your application, ensuring a faster decision process. This approach significantly reduces the waiting time for your Scale-up Worker Visa, which could otherwise take months or even years.

One-Time Service for Fast-Track UK Visa Application via Priority/Super Priority Service

At Aden & Co Solicitors, our expert team of immigration professionals is dedicated to expediting your UK visa and immigration process. We offer a specialized, one-time service to submit your completed application through the Priority or Super Priority Service, ensuring a faster decision on your application.

We operate on a no submission, no fee basis, meaning if we are unable to submit your application through the Priority/Super Priority Service within 48 hours of receiving payment, you will receive a full refund without any deductions. This promise is part of our Conditional Fee Agreement (CFA), where we guarantee that if we do not submit your application within the designated time, you will not incur any charges.

If your application is successfully submitted through Priority/Super Priority Service within the 48-hour window, we will charge a fixed fee of £250 + VAT (totaling £300 including VAT) under the terms of the CFA signed between you and Aden & Co Solicitors.

How We Can Assist You

At Aden & Co Solicitors, our expert team of immigration solicitors is dedicated to providing comprehensive immigration advice and legal representation on a fixed fee basis for your Scale-up Worker Visa application. The fixed fee we charge covers all the work carried out by our solicitors from the initiation of your application until a final decision is made by the Home Office UKVI.

Our services will include:

• Expert Guidance on Requirements: Our experienced immigration solicitors will thoroughly explain the essential criteria you must meet to ensure the success of your application for the Scale-up Worker Visa.
• Document Preparation and Advice: We will send you a detailed list of the required supporting documents to submit with your application, ensuring your submission is complete and accurate.
• Document Assessment: Our solicitors will carefully review your documents to confirm that all are in compliance with the UK immigration rules, ensuring no details are overlooked.
• Completion of Application Form: We will handle the completion of your application form, ensuring it is filled out accurately and in accordance with the specific requirements for the Scale-up Worker Visa.
• Priority and Super Priority Service: Where applicable, our team will submit your application using the Priority or Super Priority service to expedite the processing time, ensuring you receive a faster decision on your application.
• Appointment Booking: Once your application is submitted, we will schedule your biometrics appointment with the relevant application centre, ensuring all steps are completed on time.
• Detailed Cover Letter Preparation: Our solicitors will draft a thorough cover letter to accompany your application, outlining how you meet all the legal requirements necessary for Home Office UKVI approval.
• Document Uploading: Prior to your biometrics appointment, we will upload all supporting documents online, ensuring everything is in place for the Home Office’s review.
• Continuous Follow-up: Our team will handle all necessary follow-up actions, staying in constant communication with the Home Office UKVI until a decision is made regarding your Scale-up Worker Visa application.

Aden & Co Solicitors: Tailored One-Off Legal Services for UK Immigration Applications

At Aden & Co Solicitors, we offer a comprehensive selection of one-off legal services designed to assist with UK visa and immigration applications. These services are perfect for individuals who prefer not to engage our full-service package but still require expert legal support for specific aspects of their immigration process. Our specialized one-off services include:

Fixed Fees for Scale-up Worker Visa Applications by Aden & Co Solicitors

At Aden & Co Solicitors, we offer transparent, fixed fees for Scale-up Worker Visa applications, ranging from £800 to £1,500 (excluding VAT). The final fee will be determined based on the complexity of the application and the amount of work required to process your Scale-up Worker Visa application. Please note that our fixed fee covers professional services only and does not include any additional disbursements, such as the UKVI application fee. The applicant is responsible for paying the Home Office UKVI fees directly.