Switching Into Scale-up Worker Visa UK

Details: Written by: Arshad Mahmood; Last Updated: 24 June 2023

Page Contents
Overview
Requirements For Switching Into Scale-up Worker Visa UK
Period and Conditions of Grant
Priority or Super Priority Service
How Can We Help?
Our Fixed Fees

You can apply for switching into Scale-up worker visa from inside the UK if you are already in the UK and you have been assigned a Certificate of Sponsorship (CoS) by a UK employer holding Scale-up Worker Sponsor Licence. You can switch into Scale-up worker visa from inside the UK only if you meet the immigration status requirement and other eligibility requirements. An application for switching into Scale-up worker visa is made in accordance with requirements as set out in Appendix Scale-up of the Immigration Rules.

Premium Solicitors are specialist UK immigration solicitors and the high quality of UK visa and immigration legal services provided by our best team of fully qualified and experienced immigration solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients.

Our specialist team of work visa solicitors can provide expert immigration and legal representations on fixed fee basis concerning your application for switching into Scale-up Worker visa from inside the UK. We can prepare and submit your application to the Home Office UKVI through Super Priority Service to get a decision on your application within 24 hours.

Ask a question to our specialist team of work visa solicitors for free immigration advice online or book an appointment online for a detailed immigration advice and consultation session in relation to your application for switching into Scale-up Worker visa UK.

Requirements For Switching Into Scale-up Worker Visa UK

The applicant must meet the following requirements of the Immigration Rules to successfully switch into Scale-up Worker visa from inside the UK:

Valid Application

The applicant must submit a valid application for switching into scale-up worker visa from inside the UK.

Valid Certificate of Sponsorship (CoS)

The applicant must have a certificate of sponsorship that was issued to them by their sponsor no more than 3 months before the date of application.

Applicant's Age

The applicant must be aged 18 or over at the date of application for switching into scale-up worker visa.

Immigration Status Requirement

An applicant who is applying for switching into scale-up worker visa must be in the UK on the date of application and must not have, or have last been granted, permission:

as a Visitor; or
as a Short-term student; or
as a Parent of a Child Student; or
as a Seasonal Worker; or
as a Domestic Worker in a Private Household; or
outside the Immigration Rules.

Points Based Requirement

The applicant must be awarded 70 points from the table below. An applicant must make an Unsponsored Application and score 50 points in the second row of the table if they have been employed as a Scale-up Worker by a sponsor for at least 6 months in a previous permission on the Scale-up route and –

the applicant has permission as a Scale-up Worker on the date of application; or
the applicant last had permission as a Scale-up Worker and
if the applicant is applying for permission to stay, paragraph 39E applies.

Type of application	Relevant requirements to be met	Relevant rules	Points
Unsponsored Application	UK earnings during most recent permission on the Scale-up route	SCU 8.1 to SCU 8.7	50
All applications	English language requirement at level B1	SCU 9.1 to SCU 9.3	10
All applications	Financial requirement	SCU 10.1 to SCU 10.4	10

UK Earnings in Most Recent Grant of Permission As A Scale-up Worker Requirement Ror Unsponsored Application

The applicant must have had monthly PAYE earnings in the UK equivalent to at least £33,000 per year during at least 50% of their permission as a Scale-up Worker (for example, an applicant with 2 years’ permission as a Scale-up Worker must have had this level of earnings during at least 12 months of that permission).

For the purpose of meeting the requirement, 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
statutory adoption leave; or
sick leave.

For example, an applicant with 2 years’ permission, who spent 6 months on the above types of leave during a 2-year permission as a Scale-up Worker, must have had PAYE earnings in the UK equivalent to at least £33,000 per year during at least 6 months of the remaining 18 months of that permission.

PAYE means the 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, or any part of the PAYE earnings, the applicant is relying on have been fabricated or inflated or do not relate to genuine employment.

To support the genuineness assessment, 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 additional information.

If the earnings requirements are met, the applicant will be awarded 50 points for meeting the Unsponsored Application requirements.

Suitability Requirement

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

If applying for switching into scale-up worker visa 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.

Written Consent From The Official Sponsor

An applicant applying for switching into scale-up worker visa, who has received an award from a Government or international scholarship agency in the 12 months before the date of application which covers both fees and living costs for study in the UK, must have provided written consent to the application from that Government or agency.

English Language Requirement For Scale-up Worker

Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in all 4 components (reading, writing, speaking and listening) of at least level B1. The applicant must show they meet the English language requirement as specified in Appendix English Language. If the English language requirement is met, the application be awareded 10 points for meeting the English language requirement.

Financial Requirement

If the applicant is applying for permission to stay and has been 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 been in the UK for less than 12 months on the date of application, either:

the applicant must have funds of at least £1,270. The applicant must show that they have held the required funds for a 28-day period and as specified in Appendix Finance; or
the applicant’s A-rated sponsor must certify that they will, if necessary, maintain and accommodate the applicant up to the end of the first month of their employment, to an amount of at least £1,270.

Period and Conditions Of Grant Of Scale-up Worker Visa

If the applicant was awarded 50 points for meeting the Sponsored Application requirements, they will be granted entry clearance for 2 years.

If the applicant was awarded 50 points for meeting the Sponsored Application requirements, the grant will be subject to all the following conditions:

no access to public funds; and
for the first 6 months of their permission, the applicant must be employed in the job for which the applicant is being sponsored; and
after 6 months employment as a Sacle-up Worker, work (including self-employment and voluntary work) is permitted, except for work as a professional sportsperson (including as a sports coach); and
study is permitted, subject to the ATAS condition in Appendix ATAS.

Priority or Super Priority Service For Switching Into Scale-up Worker Visa

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 switching into scale-up worker visa whereby decision on your scale-up worker visa application will be made within 24 hours if you submit your application through Super Priority Service or within 5 working days if you submit your application through Priority Service.

Our work visa solicitors can prepare and submit your application for switching into 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 scale-up Worker visa application for months (sometimes years).

One-Off Service For Submission Of Your Application Through Priority / Super Priority Service

Our specialist team of fast-track immigration solicitors can provide a one-off service to submit your completed UK visa and immigration application through Priority / Super Priority Service so that you get a decision on your UK visa and immigration application faster. We will submit your application through Priority / Super Priority Service on the basis of no submission no fee which means if we fail to submit your application through Priority / Super Priority Service within 48 hours of fees being paid to us, we will issue the full refund of the fees paid to us, without any deductions.

We will act for you under a Conditional Fee Agreement (CFA), under which we will issue a full refund of the fees paid to us, without any deductions if we fail to submit your application through Priority / Super Priority Service within 48 hours of payment being made to us.

If we successfully submit your application through Priority / Super Priority Service within 48 hours of payment being made to us, we will charge a fixed fee of £250 + VAT (£300 including VAT) on the basis of a conditional fee agreement (CFA) signed between you and us.

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 application for switching into scale-up worker visa. Our fixed fee for your immigration application will cover all the work of our immigration solicitors on your immigration application until a decision is made by the Home Office UKVI on your application for switching into scale-up worker visa. The casework to be carried out by our immigration solicitors in relation to your immigration application will entail the following:

Advice on requirements: Our immigration solicitors will advise you on the relevant requirements you have to meet for your immigration 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 application for switching into scale-up worker visa;
Assessment of documents: Our immigration lawyers will assess your documents to make sure that all the documents you provide in support of your 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 application for switching into scale-up worker visa.
Submitting application through Priority or Super Priority Service: Where possible, our immigration lawyers will submit your online immigration application through priority or super priority service to get faster decision on your application for switching into scale-up worker visa.
Booking an appointment with the application centre: After the online submission of your 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 application explaining how you meet all the legal requirements for your application to be approved by the Home Office UKVI.
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 application for switching into scale-up worker visa.
Follow up work: Our immigration lawyers will carry out all the follow up work until decision by the Home Office UKVI on your application for switching into scale-up worker visa.

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:

Our Fixed Fees For Scale-up Worker Visa Applications

Our immigration solicitors will charge a fixed fee ranging from £800 to £1,500 (no VAT) for your application for switching into scale-up worker visa UK. The agreed fixed will depend on the complexity of the application and the volume of work involved in the scale-up worker visa visa 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.