Extension Of Scale-up Worker Dependant Visa

• Page Contents
• Overview
• Eligibility Requirements
• Relationship Requirement For Partner
• Relationship Requirement For Child
• Age and Care Requirement For A Child
• Financial Requirement
• Period and Conditions of Grant
• Super Priority Visa Service
• How Can We Help?
• Our Fixed Fees

You can apply for extension of your Scale-up Worker dependant visa if you are already in the UK on Scale-up Worker dependant visa and your Scale-up Worker dependant visa is about to expire. In most cases, the Scale-up Worker dependant will apply for extension at the same time when the main applicant is also applying for extension of Scale-up Worker visa. However, where the main applicant is applying for ILR or has already been granted ILR as a Scale-up Worker and the dependant could not apply for ILR due to not completing 5 years qualifying period for ILR grant, the Scale-up Worker dependant can apply for extension of Scale-up Worker dependant visa.

A Scale-up Worker dependant is granted 3 years leave to remain as a Scale-up Worker dependant where the main applicant has already been granted ILR as a Scale-up Worker. In most cases, the grant of 3 years extension enables the dependant to complete the qualifying period of 5 years for ILR as a Scale-up Worker dependant. An application for extension of Scale-up Worker dependant visa is made in accordance with requirements as set out in Appendix Scale-up of the Immigration Rules.

Our specialist team of immigration solicitors can provide expert immigration advice and legal representations on fixed fee basis concerning your application for extension of Scale-up Worker dependant visa. Ask a question to our specialist team of immigration solicitors for free immigration advice online or book an appointment online for a detailed immigration advice and consultation session with one of our immigration lawyers concerning your application for extension of scale-up worker dependant visa.

Eligibility Requirements For Extension Of Scale-up Worker Dependant Visa

As a dependant of Scale-up Worker migrant, you should satisfy the following requirements to be eligible for extension of Scale-up Worker dependant visa:

• Valid application: The applicant must submit a valid application for extension of Scale-up Worker dependant visa from inside the UK;
• Immigration status requirement: The applicant must be currently in the UK with leave to enter or remain as a Scale-up Worker dependant visa;
• Relationship requirement: The applicant must meet the relationship requirement as per appendix Scale-up Worker of the Immigration Rules;
• Age requirement for partner: If the applicant is applying as a dependent partner they must be aged 18 or over on the date of application;
• Age and care requirement for child: If the applicant is applying as a dependent child they must be aged under 18 on the date of application unless they were last granted permission as the dependent child of their parent or parents. If the applicant is a child aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations;
• Suitability requirement: The applicant must not fall for refusal under Part 9: grounds for refusal;
• Financial requirement: The applicant must meet the financial requirement as per Appendix Scale-up Worker of the Immigration Rules. 
• Not be in breach of immigration laws: The applicant must not be:
  • in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
  • on immigration bail.

Relationship Requirement For Dependent Partner Of Scale-up Worker

The applicant must be the partner of the sponsoring Scale-up Worker where one of the following applies:

• The sponsoring Scale-up Worker must have Scale-up Worker visa; or
• The sponsoring Scale-up Worker is, at the same time, applying for (and is granted) entry clearance on the Scale-up Worker route; or
• The sponsoring Scale-up Worker is settled or has become a British citizen, providing the sponsoring Scale-up Worker had permission on the Scale-up Worker route when they settled and the applicant had permission as sponsoring Scale-up Worker’s partner at that time.

If the applicant and their Scale-up Worker partner are not married or in a civil partnership, all of the following requirements must also be met:

• they must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application; and
• any previous relationship of the applicant or their Scale-up Worker partner with another person must have permanently broken down; and
• the applicant and their Scale-up Worker partner must not be so closely related that they would not be allowed to marry or form a civil partnership in the UK.

The relationship between the applicant and their Scale-up Worker partner must be genuine and subsisting and the applicant and their Scale-up Worker partner must intend to live together throughout the applicant’s stay in the UK.

Relationship Requirement For A Dependent Child Of Scale-up Worker

The applicant must be the child of the sponsoring Scale-up Worker visa holder where one of the following applies:

• The sponsoring Scale-up Worker has permission on the Scale-up Worker route; or
• The sponsoring Scale-up Worker is, at the same time, applying for (and is granted) entry clearance or permission on the Scale-up Worker route; or
• The sponsoring Scale-up Worker is settled or has become a British citizen, providing the sponsoring Scale-up Worker had permission on the Scale-up Worker route when they settled and the applicant had permission as sponsoring Scale-up Worker's child at that time.

The child’s parents must each be either applying at the same time as the applicant or already have permission to be in the UK (other than as a Visitor) unless:

• the parent applying for or with entry clearance or permission to stay as a Scale-up Worker is the sole surviving parent; or
• the parent applying for or with entry clearance or permission to stay as a Scale-up Worker has sole responsibility for the child’s upbringing; or
• the parent who does not have permission as a Scale-up Worker –
  • is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
  • is or will be ordinarily resident in the UK; or
• the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission as a Scale-up Worker.

If the applicant is a child born in the UK to a Scale-up Worker or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.

Age and Care Requirement For A Child

The child must be under the age of 18 on the date of application, unless they were last granted permission as the dependent child of their parent or parents. If the child is aged 16 or over at the date of application, they must not be leading an independent life.

If the applicant is aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations.

Financial Requirement

The Scale-up Worker or the dependants of the Scale-up Worker must have a certain amount of money available to support themselves while they are in the UK. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.

If the applicant has not been lawfully resident for 12 months or longer on the date of application, the funds for maintenance required for Scale-up Worker dependant visa will be as given in the table below:

Scale-up Worker or dependants of Scale-up Worker will need to have had the money available for at least 28 days in a row. Day 28 must be within 31 days of the applicant applying for this visa.

You may not need to show funds for maintenance in the bank account if the Scale-up Worker’s A-rated sponsor certify that they will, if necessary, maintain and accommodate the dependent partner and/or any dependent child as well as the Scale-up Worker, up to the end of the first month of each of their grants of permission to stay in the UK.

 Period and Conditions Of Grant

A dependent partner of a Scale-up Worker will be granted:

• permission which ends on the same date as their partner’s permission as a Scale-up Worker; or
• 3 years’ permission if the Scale-up Worker was (or is being) granted settlement as a Scale-up Worker.

A child of a Scale-up Worker will be granted permission which ends on the same date as whichever of their parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 3 years.

The grant will be subject to all the following conditions:

• no access to public funds; and
• work (including self-employment and voluntary work) is permitted, except as a professional sportsperson (including as a sports coach); and
• study is permitted, subject to the ATAS condition in Appendix ATAS, if the applicant is over the age of 18.

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