If you are already in the UK, you may be eligible to switch to a Scale-up Worker Dependant visa from within the country, provided you meet the criteria outlined in Appendix Scale-up Worker of the Immigration Rules. The application must be submitted online through the official Home Office UKVI website. Applicants applying as dependent partners must be at least 18 years old on the date of application. You have the option to apply for a faster decision using the Priority or Super Priority Service.

Aden & Co Solicitors are highly experienced UK immigration specialists, renowned for delivering top-tier legal services in visa and immigration matters. Our outstanding service quality is reflected in the consistent 5-star ratings from 99% of our clients on Google Reviews.

Our dedicated team of dependant visa solicitors offers expert guidance and comprehensive legal representation on a fixed-fee basis for your Scale-up Worker Dependant visa application. You can consult our expert immigration lawyers for free initial advice online or schedule a detailed consultation session for personalized assistance with your application to switch to a Scale-up Worker Dependant visa from inside the UK.

Which Family Members Can Switch to a Scale-up Worker Dependant Visa?

The following family members of a Scale-up Worker are eligible to switch to a Scale-up Worker Dependant Visa in the UK:

• Spouse, civil partner, or unmarried partner (including same-sex partner) of the Scale-up Worker.
• Children under 18 years of age at the time of application.
• Children over 18 years old, provided they were granted leave as a dependant when they were under 18 and have remained in the UK since then.

Eligibility Criteria for Switching to a Scale-up Worker Dependant Visa

Applicants seeking to switch to a Scale-up Worker Dependant Visa must meet specific requirements under the UK Immigration Rules (Appendix Scale-up Worker). Below are the key conditions:

• Valid Application
  The applicant must submit a properly completed and valid application for switching to a Scale-up Worker Dependant Visa.
• Immigration Status Requirement
  The applicant must meet the immigration status criteria for switching and must not be prohibited from applying.
• Relationship Requirement
  The applicant must provide evidence of a genuine relationship with the Scale-up Worker as per the Immigration Rules.
• Age Requirement for Partners
  Dependant partners must be at least 18 years old on the date of application.
• Age and Care Requirements for Children
  • If applying as a dependant child, the applicant must be under 18 at the time of application, unless they were previously granted leave as a dependant while under 18.
  • Adequate care and accommodation arrangements must be in place, in compliance with UK child welfare regulations.
• Suitability Requirement
  Applicants must not be refused under Part 9 – Grounds for Refusal, which covers criminal history, deception, and other issues affecting eligibility.
• Financial Requirement
  The applicant must meet the financial threshold specified under Appendix Scale-up Worker to demonstrate sufficient funds for maintenance and support.
• Compliance with Immigration Laws
  The applicant must not:

1. • Be in breach of immigration laws, except where paragraph 39E applies (overstaying may be disregarded in certain circumstances).
   • Be on immigration bail at the time of application.

Who is Ineligible to Switch to a Scale-up Worker Dependant Visa?

Applicants seeking to extend their stay in the UK under the Scale-up Worker Dependant route must be physically present in the UK at the time of application. However, certain visa categories prohibit switching to this route. An applicant cannot switch to a Scale-up Worker Dependant visa if they currently hold or were last granted leave under any of the following categories:

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

Relationship Requirements for the Dependent Partner of a Scale-up Worker

To qualify as a dependent partner of a Scale-up Worker, the applicant must meet specific criteria to prove a genuine and ongoing relationship with the sponsoring Scale-up Worker. One of the following conditions must apply:

• The sponsoring individual holds a valid Scale-up Worker visa, or
• The sponsoring individual is applying for entry clearance under the Scale-up Worker route at the same time as the applicant and is granted permission.

If the applicant and the sponsoring Scale-up Worker are not married or in a civil partnership, the following additional requirements must be met:

• Cohabitation: The couple must have lived together in a relationship akin to marriage or civil partnership for at least two years before the application date.
• Previous Relationships: Any previous relationship of either partner must have permanently ended.
• Not Closely Related: The applicant and the sponsoring partner must not be closely related in a way that would prevent them from legally marrying or forming a civil partnership in the UK.

The relationship must be genuine and subsisting, with both partners intending to live together in the UK throughout the duration of the applicant’s stay. Aden & Co Solicitors can provide expert guidance on meeting these relationship requirements and ensuring a successful application.

Relationship and Eligibility Criteria for a Dependent Child of a Scale-up Worker

To qualify as a dependent child of a Scale-up Worker under the UK immigration rules, applicants must meet the following relationship and eligibility requirements. The applicant must be the biological or legally adopted child of a Scale-up Worker visa holder, subject to these conditions:

Parental Status and Visa Application

1. • The sponsoring parent holds valid permission under the Scale-up Worker route; or
   • The sponsoring parent is concurrently applying for and granted permission under the Scale-up Worker route.

Parental Presence and Legal Status
Both parents must either:

1. • Be applying for entry clearance or permission at the same time as the child; or
   • Already hold permission to remain in the UK (excluding as a visitor).

Exceptions apply in the following circumstances:

• The applying parent is the sole surviving parent of the child.
• The applying parent has sole responsibility for the child’s upbringing.
• The non-applying parent is a British citizen or has the unrestricted right to reside in the UK and is ordinarily living in the UK.
• The decision-maker is satisfied that there are serious and compelling reasons to grant the child permission to join the parent holding or applying for a Scale-up Worker visa.

Age and Care Requirements for Dependent Children

To meet the age and care criteria for a dependent child visa:

• The child must be under 18 years old at the time of application, unless they were last granted permission as a dependent child of their parent(s).
• If the child is 16 or older, they must not be living an independent life, which includes being financially self-sufficient or living away from the family without a valid reason.

For children under 18, there must be suitable care and accommodation arrangements in the UK, ensuring compliance with UK laws and child welfare regulations.

Financial Requirement for Scale-up Worker and Dependants

Aden & Co Solicitors explains the financial requirements for Scale-up Workers and their dependants applying for permission to stay in the UK. It is crucial for applicants to have sufficient funds to support themselves during their stay. The financial criteria differ depending on how long the applicant has been residing in the UK.

• If the applicant has lived in the UK with valid permission for 12 months or longer at the time of application, they meet the financial requirement automatically and do not need to provide evidence of funds.
• For applicants who have not been lawfully resident for 12 months or more on the application date, they must demonstrate the following minimum funds for maintenance:

These funds must be held in the applicant’s account for at least 28 consecutive days, with the final day being no more than 31 days before submitting the application.

In certain cases, applicants may not need to show bank statements as proof of funds. If the Scale-up Worker’s A-rated sponsor certifies that they will cover maintenance and accommodation expenses for the Scale-up Worker and their dependants for the first month of their stay, the requirement to provide personal financial evidence may be waived.

Fixed Fees for Switching to a Scale-up Worker Dependant Visa

At Aden & Co Solicitors, we provide transparent and competitive fixed fees for dependant visa applications, ensuring clarity throughout your application process. Below is a breakdown of our fixed fee structure for various dependant visa services:

The final agreed fee will be determined based on the complexity of your specific case and the volume of work involved. In addition to our fixed fees, applicants are required to pay the Home Office UKVI application fees directly.