Sponsorship Requirements for Sponsored Applications

To successfully apply for a sponsored visa, the applicant must possess a valid Certificate of Sponsorship (CoS) from their sponsoring employer, which should:

• Clearly identify the applicant’s name and confirm that they are being sponsored under the Scale-up Worker route, including job details, salary information, and PAYE specifics provided by the sponsor.
• State the job’s start date, as indicated by the sponsor, which must occur within three months of the application date.
• Confirm that the applicant is expected to work for the sponsor for at least the initial six months of their immigration permission.
• Not have been used in any prior application that was either approved or refused (it may have been used in an earlier application that was rejected as invalid, rendered void, or withdrawn).
• Not have been withdrawn by the sponsor or cancelled by the Home Office.
• Indicate whether the Academic Technology Approval Scheme (ATAS) requirement, as outlined in Appendix ATAS, applies to the applicant.

The sponsor must be authorised by the Home Office to sponsor applicants under the Scale-up route, holding an A-rated status on the official Home Office sponsor register.

The decision maker must have no valid reasons to suspect that the job the applicant is being sponsored for:

• Does not exist;
• Is fraudulent;
• Was created solely for the purpose of facilitating the applicant’s entry clearance or permission to stay.

Additionally, the decision maker must not have reasonable grounds to believe that the job the applicant is being sponsored for:

• Involves the hire of the applicant by a third party, rather than the sponsor, to fill a position with that third party, whether on a temporary or permanent basis;
• Entails contract work for ongoing tasks or services for a third party, not the sponsor, regardless of the nature or duration of any arrangement between the sponsor and the third party.

Job Skill Level Requirements for Sponsored Application

To qualify for the Scale-up route, the applicant must be sponsored for a job within an occupation code listed in the Skilled Occupations Appendix, recognized as eligible for this route.

The sponsor must select an appropriate occupation code, ensuring that the decision-maker does not have grounds to believe that the sponsor has chosen an incorrect occupation code for reasons such as:

• The chosen occupation code is not eligible under the Scale-up route; or
• The most suitable occupation code requires a higher salary than what is being offered.

In order to verify the authenticity of the application, the decision-maker will consider several factors, including:

• Whether the sponsor has demonstrated a legitimate need for the role as described;
• Whether the applicant possesses the necessary skills, qualifications, and experience for the position;
• The sponsor’s compliance history with immigration regulations, particularly in regard to paying sponsored employees adequately;
• Any additional supporting information provided by the sponsor.

If applicable, the applicant must provide a valid ATAS (Academic Technology Approval Scheme) certificate as specified in Appendix ATAS.

Salary Requirements for Sponsored Application

The salary for the job being offered to the applicant must meet or exceed the following criteria:

• A minimum of £33,000 per year;
• A minimum of £10.10 per hour;
• The prevailing going rate for the occupation code in question.

Suitability Criteria

The applicant must meet the conditions outlined in Part 9: Grounds for Refusal, ensuring they do not fall under any refusal conditions.

For those applying to switch to a scale-up worker visa, the applicant must not:

• Be in violation of immigration laws, unless the period of overstaying is disregarded under paragraph 39E; or
• Be on immigration bail.

Written Consent from the Official Sponsor

If the applicant is applying to switch to the scale-up worker visa and has received a government or international scholarship in the last 12 months that covers both tuition fees and living costs for studying in the UK, they must submit written consent for the application from the relevant government or agency.

English Language Requirement for Scale-up Worker Visa

Applicants must demonstrate proficiency in the English language according to the Common European Framework of Reference for Languages, covering all four components: reading, writing, speaking, and listening, at a minimum of level B1, unless exempted. This requirement must be met as outlined in the English Language Appendix. Upon meeting this standard, the applicant will earn 10 points toward their application for the English language requirement.

Financial Requirement

For applicants seeking to extend their stay and who have been in the UK with valid permission for 12 months or more at the time of application, the financial requirement will be considered met, and they will not need to provide additional proof of funds.

However, applicants who have been in the UK for less than 12 months at the time of application must meet one of the following conditions:

• The applicant must have a minimum of £1,270 in personal funds, which must have been maintained for a continuous 28-day period as specified in the Finance Appendix.
• Alternatively, the applicant’s A-rated sponsor may certify their willingness to maintain and accommodate the applicant for up to one month of employment, providing at least £1,270 in support.

Period and Conditions of Scale-up Worker Visa Grant

If the applicant is awarded 50 points for fulfilling the Sponsored Application requirements, they will receive entry clearance for a period of two years.

The visa grant will be subject to the following conditions:

• The applicant will have no access to public funds.
• For the first six months of their permission, the applicant must remain employed in the specific role for which they are being sponsored.
• After six months of employment as a Scale-up Worker, the applicant is permitted to engage in any type of employment, including self-employment and voluntary work, except as a professional sportsperson or coach.
• Study is allowed, subject to the conditions outlined in the ATAS Appendix.

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

As expert work visa solicitors based in London, we are officially registered with the Home Office, UK Visas & Immigration (UKVI), and its commercial partners, UKVCAS Sopra Steria. We offer the Priority and Super Priority Service for switching to the Scale-up Worker Visa. This service ensures that your application is processed promptly—within 24 hours if submitted through the Super Priority Service, or within 5 working days via the Priority Service.

Our dedicated immigration solicitors can expedite your application for switching to the Scale-up Worker Visa, ensuring faster decisions and minimizing the wait time, which can otherwise extend for months or even years. By choosing our Priority or Super Priority Service, you avoid prolonged uncertainty regarding your visa status.

How We Can Assist You

Our team of immigration law specialists provides comprehensive legal advice and representation on a fixed-fee basis for applications to switch to the Scale-up Worker Visa. Our fixed fee includes all aspects of your application until the Home Office UKVI reaches a decision. The services provided by our solicitors will include the following:

• Guidance on Eligibility: We will advise you on the specific requirements you need to meet for a successful application for the Scale-up Worker Visa.
• Document Preparation: Our immigration solicitors will prepare and send you a detailed list of supporting documents required for your visa application.
• Document Review: We will carefully assess all your documents to ensure compliance with the immigration rules, avoiding potential issues that could delay your application.
• Application Form Completion: Our solicitors will accurately complete the relevant application form for your switch to the Scale-up Worker Visa.
• Submission through Priority or Super Priority Service: Whenever possible, we will submit your online application via the Priority or Super Priority Service, ensuring a faster resolution to your application.
• Biometric Appointment Scheduling: After submitting your application online, we will arrange your biometric enrolment appointment at the application center.
• Cover Letter Preparation: Our immigration solicitors will draft a comprehensive cover letter supporting your application, detailing how you meet all the legal requirements necessary for approval.
• Document Uploading: Prior to your biometrics appointment, we will upload all necessary supporting documents online for consideration.
• Ongoing Follow-Up: Our solicitors will handle all follow-up actions until a decision is made by the Home Office UKVI regarding your Scale-up Worker Visa application.

One-Off Services for Immigration Applications by Aden & Co Solicitors

Aden & Co Solicitors offers an extensive selection of one-off legal services for UK visa and immigration applications. These services cater to individuals who prefer not to engage in our full-service immigration process but still require professional assistance. Our one-off services include: