The UK Scale-up Visa is designed to facilitate the recruitment of talented, skilled foreign nationals, allowing them to work in the UK for a minimum of two years without significant restrictions. For employers, this route provides an effective solution for attracting global talent and fast-tracking recruitment, especially after a visa holder has worked with a UK sponsor for at least six months. This guide focuses specifically on the process and rules surrounding the ‘Scale-up Visa Change of Employer’ scenario, offering practical advice to both visa-holders and employers on the steps required when changing employers.
What does a ‘Scale-up Visa Change of Employer’ scenario mean?
The Scale-up Visa is an innovative immigration route that offers benefits to overseas workers and UK businesses alike. Designed to attract skilled professionals, this visa provides flexibility for successful applicants who, after working for a UK sponsor for a period of just six months, can change employers or leave their role without affecting their immigration status.
For those on the Scale-up Visa, the initial grant of leave is for two years. After the first six months of working for their sponsor, they are free to switch employers. This transition period is vital as it enables businesses across the UK to recruit top talent without being hindered by rigid sponsorship requirements. Moreover, visa-holders can extend their stay in the UK through an unsponsored application, irrespective of whether they remain with the original employer or switch roles.
If a visa holder changes employers within the first six months, they will need to apply for a fresh sponsored application to update their visa status. However, if they remain with their original sponsor or take on a different job role within the same organization after the six-month mark, no update is necessary, although an unsponsored application for extending their leave will be required.
What is the difference between an unsponsored & sponsored application?
The Scale-up Visa route is designed to ease the recruitment of highly skilled individuals by minimizing the burden on employers. Visa-holders can switch employers or extend their visa without the need for further sponsorship, provided they meet the eligibility criteria.
An unsponsored application is relatively straightforward and does not require the employer to assign a fresh certificate of sponsorship. This option allows the visa holder to extend their stay with any employer, even if the employer is not an approved sponsor. To apply for an extension, the applicant must meet a minimum earnings requirement, ensuring that they have earned at least £36,300 per year during at least 50% of their most recent permission.
In contrast, a sponsored application is required when a visa holder changes employers within the first six months of their stay. In such cases, the new job offer must meet the following criteria:
- It must be with a qualifying Scale-up business.
- It must meet the required salary thresholds.
- The applicant must be expected to stay with the new employer for at least six months.
A sponsored application requires the employer to provide a new certificate of sponsorship and must adhere to all other eligibility requirements, including job roles listed in the table of eligible occupations.
What criteria must be met for an unsponsored application?
Once a Scale-up Visa holder has completed their initial six-month period with a sponsor, they can switch employers or extend their visa through an unsponsored application. However, to qualify for this application, they must meet the following requirements:
- The applicant must demonstrate that they earned a minimum salary of £36,300 per year during at least 50% of their most recent permission period as a Scale-up Worker.
- The salary must be paid via PAYE (Pay As You Earn); self-employed income does not count towards this requirement.
It is important to note that only the highest earning salary is considered if the applicant has worked multiple jobs during the qualifying period. Self-employed earnings cannot be counted towards meeting the income requirement.
How is an unsponsored application made?
An unsponsored application for a Scale-up Visa extension must be submitted online. Applicants will be required to provide proof of their identity and recent salary. Depending on their nationality and passport type, they may need to use the UK Immigration: ID Check app or enroll their biometric information at a UK Visa and Citizenship Application Services (UKVCAS) center.
Applicants who have worked for multiple employers can include earnings from each job, provided the salary from each job meets the minimum required threshold. However, if an applicant had more than one job at the same time, only the highest-earning job will be considered.
How much does an unsponsored application cost?
The fee for an unsponsored application to extend the Scale-up Visa is £880. Additionally, applicants are required to pay the Immigration Health Surcharge (IHS), which is currently £1,035 per year of the granted leave. This surcharge must be paid upfront as part of the application process.
What will be the conditions of any unsponsored permission?
If an unsponsored application is successful, the applicant will be granted an extension for up to three years. During this time, the visa holder can work for any employer in any role without the need for sponsorship. They can also engage in voluntary work or self-employment.
However, if the visa holder plans to settle in the UK, they must meet the ongoing minimum earnings requirement from paid employment. This is a key consideration for those aiming for indefinite leave to remain after five years of continuous residence in the UK.
Requirement Details
Requirement Details
Current Salary Minimum £36,300 (4 April 2024 onwards)
Earnings Over the Past 3 Years Must meet the minimum salary for at least 2 of the 3 years before applying
What criteria must be met for a sponsored application?
If the Scale-up Visa holder changes employers within the first six months, they must submit a fresh sponsored application. This application requires the applicant to meet all the eligibility requirements, including:
- A qualifying job offer from an approved Scale-up business.
- A salary that meets or exceeds £36,300 per year or the going rate for the occupation.
- A fresh certificate of sponsorship.
The new role must be on the table of eligible occupations and meet the required salary and skill thresholds.
What does a ‘Scale-up Visa Change of Employer’ mean for dependents?
The Scale-up Visa also benefits the dependents of the visa holder, allowing them to join or accompany the primary applicant to the UK. In the case of a change of employer, dependents must apply separately to update their visa status. This can be done simultaneously with the primary visa holder’s application or at any time before the existing visa expires.
When should the Home Office be notified of a change of employer?
A Scale-up Visa holder does not need to notify the Home Office or make a new application after changing employers if they have completed the required six-month period with their original sponsor. However, if they change employers within the first six months, they must apply for a fresh sponsored application to update their visa.
Need assistance?
If you need expert advice on the Scale-up Visa route or require assistance with making an unsponsored or sponsored application, Ash Norton Solicitors, specialists in business immigration, are here to help. Contact us today for professional guidance on all aspects of UK work visa applications.
