Scale-up Worker visa – does your business qualify to attract talent for your expansion plans?

Attracting and hiring the right talent is essential to allow fast-growing businesses to expand further. In this article we explore how the Scale-up Worker visa route can be used to grow your business.

What kind of business is best suited to a Scale-up Worker visa?

Small and medium sized enterprises are key to the UK’s long-term economic stability: in 2023 alone, they produced an output of ￡1.3 trillion in the UK. According to the Scale-Up Institute, scale-up businesses represented 58% of that output, despite only representing 0.5% of the business population. Notwithstanding headwinds driven by domestic and international factors, 9 in 10 of SME businesses still expect to continue to grow in the near to medium term.

Part of a business’s ability to sustain growth rests on the talent it can attract, which, in a globalised world, often involves hiring individuals with specialist knowledge from overseas.

The Scale-up Worker route is designed to allow UK businesses to sponsor workers from overseas to facilitate their long-term growth. ?

Sponsor licence

To sponsor a Scale-up worker, the business must first obtain a sponsor licence.

To qualify through the standard pathway, the business must show that in the three years before applying for the sponsor licence:

-?????? At the beginning of the three-year period prior to application, the business employed at least ten employees; and

-?????? The business has grown, in number of employees or in turnover, by at least 20%.

If the business is unable to meet the above criteria, it may alternatively be possible to apply through the endorsing body pathway. This is assessed by a government-endorsed body, and requires that the business meets 3 of the 5 following criteria:?

1)???? Growth of 20% per year over a two-year period (either in turnover or employment);

2)???? Participation in a relevant Government programme or the small business research initiative or in receipt of prescribed government funding;

3)???? Raised at least ￡1 million in equity finance in a single round in the year leading up to application;

4)???? Have global offices and/or operations, and be generating at least 10% of its turnover from exports;

5)???? Be spending at least 10% of overall operating costs for each of the last three years on research and development, or, alternatively, 15% in one of the last three years.

Visa application

Once the licence application is approved and the business is a registered Scale-up Worker sponsor, the prospective employee may then apply for a visa. The applicant will need to evidence to the Home Office that:?

1)???? they have a confirmed job offer for at least six months;

2)???? their job offer is for an eligible occupation; and

3)???? they will be paid at least the salary threshold (which varies depending on the job role).?

If successful, the employee will be entitled to stay in the UK for two years, six months of which they must work for the sponsor (although they may well continue to work for the business). The employee can bring their dependants, and the visa can be extended by three years at a time. After five years in the UK, they may also qualify for permanent residence.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK business immigration matters, including delivering bespoke advice or preparing discretionary applications. If you have any questions arising from this blog, please do not hesitate to?contact us?for advice, send us an?e-mail: [email protected]

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

?Gherson?2024