Extending your Scale-up visa without the need of sponsorship

The Scale-up Worker visa allows a migrant to come to the UK to perform an eligible job for a fast-growing UK business, sometimes referred to as a ‘scale-up business.’

For the initial application, one would need to:

-Have a confirmed job offer to work for an approved scale-up business for at least 6 months, supported by a certificate of sponsorship.

-Have a job offer for a position listed as eligible in the occupation list.

-Be paid a minimum salary in the new job.

The initial visa will be granted for 2 years. However, after 6 months, the applicant will have the option to switch employers or become self-employed without having to notify the Home Office.

If you meet the specific eligibility criteria, you can extend your visa for an additional 3 years using an unsponsored application according to SCU 12.3, “if the applicant is awarded 50 points for meeting the Unsponsored Application requirements, they will be granted an entry clearance or permission to stay for 3 years.

Regardless of whether you have switched employers or not, you can utilise the unsponsored route  if you  can satisfy the requirements  pursuant to SCU 8.1. to 8.6 of Appendix: Scale-up Worker:

-You have previously been granted permission as a Scale-up Worker.

-You had monthly PAYE earnings in the UK equivalent to at least £34,600 per year (or £33,000 per year if your most recent permission on the route was granted on the basis of a Certificate of Sponsorship assigned on or before 11 April 2023) during at least 50% of your most recent grant of permission as a Scale-up Worker.

-If you have been residing in the UK for less than 12 months, you must have sufficient funds to support yourself (£1270) without relying on public funds.

Please note that there are only a limited number of reasons which would not impact the earnings’ threshold during a period of absence from work as listed below:

-Statutory maternity, paternity, parental, or shared parental leave.

-Statutory adoption leave.

-Sick leave.

In addition, earnings must be from employment and cannot come from other sources, such as:

-Earnings from self-employment.

-Earnings from outside the UK.

-Payments not recorded through PAYE.

-Employer pension and employer national insurance contributions.

-Income from savings, investments, property, inheritance, gambling, or competitions.

Scale-up Workers are able to apply for settlement after 5 years of residence in the UK, in line with  other work permit routes.

If you wish to apply for further leave to remain after the initial 2-year period has passed but were unable to extend your scale-up visa using the unsponsored application, you will need to extend your leave as a sponsored worker. This requires meeting all the requirements outlined in the previous scale-up visa application or considering a switch to other immigration categories.

 

Contact Our Immigration Team

For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.