ILR As A Scale-up Worker

• Page Contents
• Overview
• Eligibility Requirements
• Priority or Super Priority Service
• How Can We Help?
• Our Fixed Fees

You can apply for ILR as a Scale-up Worker 28 days before completing the qualifying period of 5 years as a Scale-up Worker or in combination with other permitted work visa categories. Your qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved. An application for ILR as a Scale-up Worker is made online using application form SET (O). The applicant should meet all the requirements as set out in Appendix Scale-up of the Immigration Rules. An application for ILR as a Scale-up Worker can be submitted to the Home Office UKVI through Priority or Super Priority Service to get faster decision on the ILR application.

Our specialist team of work visa solicitors can provide expert immigration advice and legal representations on fixed fee basis concerning your application for ILR as a Scale-up Worker. Our work visa solicitors can prepare and submit your ILR application through Super Priority Service to get a decision on your ILR application within 24 hours.

Ask a question to our specialist work visa solicitors for free immigration advice online or book an appointment online for a detailed immigration advice and consultation session with one of our immigration solicitors concerning your ILR application as a Scale-up Worker.

Requirements For ILR As A Scale-up Worker

You should meet the following eligibility requirements for grant of ILR as a Scale-up Worker:

Valid Application For ILR

You must submit a valid application for ILR as a scale-up worker from inside the UK in accordance with requirements for a valid application as set out in Appendix Scale-up of the Immigration Rules.

Immigration Status Requirement

The applicant must have, or have last been granted, permission as a Scale-up Worker.

Qualifying Period Requirement

The applicant must have spent a continuous period of 5 years in the UK.

The 5-year continuous period must consist of time with permission on any of, or any combination of, the following routes:

• Scale-up; or
• Skilled Worker; or
• Global Talent; or
• Innovator; or
• T2 Minister of Religion; or
• International Sportsperson; or
• Representative of an Overseas Business; or
• as a Tier 1 Migrant, other than Tier 1 (Graduate Entrepreneur).

UK Earnings In Most Recent Permission Requirement

The applicant must be in employment in the UK with a salary paid through PAYE of at least £33,000 per year, on the date of application. The applicant must have had monthly PAYE earnings in the UK equivalent to at least £33,000 per year during at least 24 months of the 3 years immediately before the date of application.

For the purpose of the calculation, periods of absence from work, in a job with PAYE earnings of at least £33,000 per year, for any of the following reasons will be treated as periods during which the applicant was paid the equivalent of at least £33,000 per year:

• statutory maternity, paternity, parental, or shared parental leave; or
• adoption leave; or
• sick leave.

For example, an applicant, who spent 6 months on the above types of leave during their last 3-year’s permission as a Scale-up Worker, must have had monthly PAYE earnings in the UK equivalent to at least £33,000 per year during at least 18 months of the remaining 30 months of that permission.

Earnings only include guaranteed basic gross pay (before income tax and including employee pension and national insurance contributions), recorded through PAYE.

Earnings do not include other sources of income, such as any of the following:

• earnings from self-employment; or
• earnings from outside the UK; or
• payments not recorded through PAYE; or
• employer pension and employer national insurance contributions; or
• income from savings, investments, property, inheritance, gambling or competitions.

The decision maker must not have reasonable grounds to believe the PAYE earnings the applicant is relying on have been inflated or fabricated or do not relate to genuine employment. To support the assessment of genuine earnings, the decision maker may in particular consider any of the following:

• whether the business from which the earnings are claimed can be shown to exist and be lawfully and genuinely trading; and
• any payments made by the applicant to other parties; and
• any other relevant information.

Continuous Residence Requirement

The applicant must meet the continuous residence requirement as set out in Appendix Continuous Residence during the qualifying period for ILR as a Scale-up Worker.

Knowledge Of Life In The UK Requirement

Unless an exemption applies, the applicant must meet the knowledge of Life in the UK requirement as set out in Appendix KOL UK.

Suitability Requirements For Settlement As A Scale-up Worker

The applicant must not fall for refusal under Part 9: grounds for refusal.

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.

Priority or Super Priority Service For  ILR As A Scale-up Worker

As specialist work visa solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Priority or Super Priority Service for ILR as a Scale-up Worker whereby decision on your ILR application will be made within 24 hours if you submit your ILR application through Super Priority Service or within 5 working days if you submit your ILR application through Priority Service.

Our Scale-up Worker visa solicitors can prepare and submit your ILR application as a Scale-up Worker visa faster and get you a decision on your application faster through Priority or Super Priority Service. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).

One-Off Service for submission of your ILR Application Through Super Priority Service

How Can We Help?

Our specialist team of immigration solicitors can provide expert immigration advice and legal representations on fixed fee basis in relation to your ILR application. Our fixed fee for your ILR application will cover all the work of our immigration solicitors on your ILR application until a decision is made by the Home Office UKVI on your ILR application. The casework to be carried out by our immigration solicitors in relation to your ILR application will entail the following:

• Advice on requirements: Our immigration solicitors will advise you on the relevant requirements you have to meet for your ILR application to succeed.
• Advised on documents: Our immigration lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your ILR application;
• Assessment of documents: Our immigration lawyers will assess your documents to make sure that all the documents you provide in support of your ILR application are in accordance with the requirement of the Immigration Rules.
• Completing application form: Our immigration lawyers will complete the relevant application form for your ILR application.
• Submitting application through Priority or Super Priority Service: Where possible, our immigration lawyers will submit your online ILR application through priority or super priority service to get faster decision on your ILR application.
• Booking an appointment with the application centre: After the online submission of your ILR application, our immigration lawyers will book your appointment with the application centre for you to enrol your biometrics.
• Preparing a detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your ILR application explaining how all the legal requirements are met for the approval of your ILR application.
• Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload online all the supporting documents to be considered in support of your ILR application.
• Follow up work: Our immigration lawyers will carry out all the follow up work until decision by the Home Office UKVI on your ILR application.

Our One-Off Services For Immigration Applications

Our immigration solicitors can also provide a wide range of one-off legal services for UK visa and immigration applications. Using our one-off services can help those who do not want to use our full service for the immigration application. You can use one of the following one-off legal services offered for UK visa and immigration applications:

• One-Off Immigration Advice and Consultation
• Immigration Documents Checking Service
• Application Form Completion Services
• Submitting Application Through Priority and Super Priority Service
• Preparing Cover Letter For Immigration Application
• Uploading Supporting Documents Online

Our Fixed Fees For ILR As A Scale-up Worker

• Our immigration solicitors will charge a fixed fee ranging from £800 to £1,500 (no VAT) for your application for ILR as a scale-up worker. The agreed fixed will depend on the complexity of the application and the volume of work involved in the ILR application.
• Our fixed fee for the application does not cover any disbursements e.g. UKVI fee for the application and the applicant has to separately pay the Home office UKVI fees for the application.