It is estimated that 34,000 businesses are likely to be classed as ‘scale-up’ businesses, able to hire foreign workers via the Scale-Up visa. That means tens of thousands of HR professionals need to get to grips with how the visa works so that their company can make use of the international workforce. 

To get help ensuring you understand the Scale Up visa UK and how your business can use it, it is a great idea to get help from immigration lawyers and advisers. They can help you understand if your business counts as a ‘scale-up’ and guide you through the application process.

What Are Scale-Up Businesses?

Scale-Up businesses sit in the gap between being a brand-new start-up and being an established business. These companies tend to be young, but with a good position in their market. Usually, they will be growing quickly, often 20% or more in terms of the number of employees or turnover in the last three years. 

These businesses are incredibly important to the UK economy. Irene Graham OBE, CEO of the ScaleUp Institute, estimates that they provide 3 million jobs to the UK economy, adding £1 trillion every year. 

Defining the Scale-Up Visa

In the past, these businesses would often look to the European Union to ensure that they could fill their vacancies and attract the best tallent available. In post-BREXIT Britain, this was no longer possible. To help businesses continue to access the international labour market, the government introduced the Scale-Up visa. This can be used to bring managerial, senior and specialist workers from abroad into your business. 

The Scale-Up worker visa comes with generous terms to help workers settle into life in the UK. The visa lasts for five years, and in most cases the foreign worker will be able to apply for settled status at the end of their visa period. This allows them to remain in the UK permanently. Furthermore, the visa can also be used to bring dependent family members into the country. 

Who is Eligible for the Scale-Up Visa

Not all workers can come to the UK on a Scale-Up visa. You will need to make sure they fit the strict application requirements for them to be accepted. Exact requirements may vary slightly depending on your worker’s or your business’ circumstances. However, the standard requirements include the following:

• They are an adult (aged 18 years or older).
• They have enough money to support themselves when they first come to the UK.
• Their English language skills are Level B1 or higher on the Common European Framework of Reference for Languages (CEFR).

In some circumstances, the worker will be able to apply if they don’t have the money to support themselves when they first come to the UK. Usually, this will require your business to agree to give them initial support. 

If the worker does not qualify, you may need to consider another relevant UK work visa. 

What Roles are Eligible? 

The role and your business will also need to be eligible for your worker to apply successfully. The primary requirements are for the role itself, which will usually include the following:

• It is a genuine role, and you have assigned the worker a Certificate of Sponsorship (CoS).
• You have offered the foreign worker the job and they have signed an employment contract. 
• The salary is at least £36,300 a year or the ‘going rate’. The higher mark is applied and expected bonuses are not counted.
• The role is ranked on the Registered Qualifications Framework (RQF) at level 6 or higher. 

There are also requirements that apply to your business. It must be considered a ‘scale-up business’ and be able to sponsor foreign workers with a sponsor licence. 

If your business does not already have a sponsor licence, you can apply for one on the Home Office website. A successful application requires your business to have systems in place to keep track of sponsored workers, with staff hired to administrate the sponsorship process. Your authorising officer must also have no unspent convictions for immigration or financial offenses, and your business may not have had a sponsor licence revoked in the past 12 months. 

The Scale-Up Visa’s Two Stages

Once your worker has successfully applied for a Scale-Up visa after your business has sponsored them, they will be able to come to the UK. There are two distinct phases to the five year eligibility period of this visa. 

The first stage, lasting two years, begins with the worker’s application being accepted. They will need to be hired by your business for the role they applied for and above the minimum salary requirement. However, in the first six months, they can switch to a different sponsored role. This can be in your company or a different company.

The worker’s legal ties to your company are loosened for the second phase, the final three years of their visa eligibility. They can work and remain in the country without sponsorship, so they can leave their role at any point. 

Once the five years of eligibility have passed, their visa will expire. However, they will be able to renew it or apply for indefinite leave to remain. For this reason, the Scale-Up visa can be a great way to find permanent fixtures for your staffing. 

Advantages of a Scale-Up-Aware HR Department

It is clear that the Scale-Up visa is one of the most powerful tools available to your business to ensure it has the best possible staffing. This is crucial during a stage of your company’s life when it is growing rapidly and needs to take advantage of every opportunity.

However, accessing a sponsor licence and ensuring your prospective foreign hires can get a Scale-Up visa is not easy. A Scale-Up-aware HR department is a fantastic asset in ensuring the visa process is efficient. Utilizing immigration lawyers and advisers is a fantastic step towards securing this capacity. 

Guest writer.