Scale Up Visa for UK businesses: What should HR know about hiring international workers for their companies?

The ScaleUp Institute has found that scale-up businesses contribute three million jobs and £1 trillion to the British economy. They can grow even faster by accessing the wealth of talent available on the international labour market via the Scale-Up visa.

To take advantage of the opportunities available in the international labour market, it is a great idea to make sure your HR department is up-to-date with the Scale Up visa UK. This article takes you through everything you need to know about it, including explaining what the visa is, how your business can qualify, the application process and what makes your applicant eligible.

Defining the Scale-Up Visa

The Scale-Up visa is a generous UK work visa with the needs of post-BREXIT UK businesses in mind. It allows both EEA and non-EEA workers that are highly skilled and experienced to join a scale-up business’ workforce. The eligibility period is five years and your worker can apply for renewal or indefinite leave to remain once the visa period has come to an end. The visa is also highly popular among foreign workers as it allows them to bring their dependent relatives with them.

Business Requirements for the Scale-Up Visa

For your business to bring in foreign workers under this visa, they need to be considered a scale-up business. These companies are young, but are more established than start-ups with a strong position in their market or industry. A fast growth rate is characteristic of most scale-up businesses. This is usually at least 20% annually in terms of the amount of staff you hire or your turnover.

Your business will also need to have a sponsor licence to make sure that you are legally able to give foreign workers Certificates of Sponsorship (CoS) to get a visa. You can apply for this on the Home Office website so long as your business has not had a sponsor licence revoked in the past 12 months. Furthermore, your business’ authorising officer administrating your business’ sponsorships cannot have any unspent financial or immigration convictions.

Role Requirements for the Scale-Up Visa

If your business is considered a ‘scale-up’ you also need to make sure that the role you are hiring the worker for is eligible. The most basic requirement is financial, with the role needing to pay at least the ‘going rate’ for your industry and the role or £36,300, whichever is higher.

The worker also needs to have been offered the job and they will usually need to provide a signed employment contract as part of the application process.

Finally, the role needs to be level 6 on the Registered Qualifications Framework (RQF) or higher. This refers to the role needing competencies equivalent to possessing a bachelor’s degree or above.

Personal Requirements for the Scale-Up Visa

The final type of requirement for the Scale-Up visa that your HR department needs to be aware of are those that apply to the prospective foreign hire.

Much of the personal requirement is accounted for in the ‘points-based’ system, with the applicant needing 70 points. 50 points are awarded for applicants with a Certificate of Sponsorship (CoS) and a job offer with the right skill level and salary. 10 points each are given for applicants meeting the language and financial requirements.

The language requirement is Level B1 on the Common European Framework of Reference for Languages (CEFR). This means the applicant can communicate with ease with native speakers.
Meanwhile, the financial requirement exists to ensure the visa holder can support themselves when they arrive in the UK without needing state assistance. Usually, this is £1,270 in cash savings for at least 28 consecutive days before they apply for the visa. In some cases, this requirement is waived if your business agrees to support the foreign hire when they first arrive in the UK.

The final basic requirement is that the applicant needs to be at least 18-years-old, meaning they are considered an adult under UK law.

Applying for a Scale-Up Visa

Once you have found the right foreign hire for your business and made sure they are eligible, your HR department will need to take them through the application process for the Scale-Up visa.

The application can be made online, both inside or outside of the UK. Along with completing the application form, your prospective foreign hire must provide documents that show they meet the eligibility criteria as previously described. This documentation needs to prove their identity, show they meet the language requirements, and show they meet the financial, role and sponsorship requirements.
The applicant must make an additional application if they want to bring dependent members of their family with them to the UK. In this case, the applicant will need to prove they are directly related to the dependent and that they can financially support them without state assistance.

Ensuring Prospective Hires Can Access Scale-Up Visas

Great foreign hires have the potential to transform your scale-up with great talent, language skills, and knowledge of international markets. However, your HR department must be abreast of the requirements and conditions of the Scale-Up visa to ensure these workers can seamlessly slot into your staff.

For further assistance with the Scale-Up visa, it is advisable to work with an immigration lawyer. Whether you hire external help or bring in an internal immigration lawyer, they can make sure your business is eligible and guide you through the application process. A great immigration law is always advantageous for any UK work visa.