Scale-up Visa Certificate of Sponsorship (CoS) Requirement for a Sponsored Application

To qualify for a Scale-up Visa through the Sponsored Application route, applicants must hold a valid Certificate of Sponsorship (CoS) for the role they intend to undertake in the UK. This certificate must be issued by a UK-based employer who is officially approved by the Home Office as an authorised Scale-up Sponsor.

Employers seeking to sponsor skilled professionals under the Scale-up Visa route can obtain their sponsor licence either through the standard sponsorship pathway or by utilising the endorsing body pathway, as outlined by UK immigration regulations.

Standard Pathway

Under the Standard Pathway, the UK Home Office independently evaluates an employer’s business performance by reviewing data submitted to HMRC. This assessment focuses on two critical metrics: annualised employment growth and turnover growth.

To qualify, the employer must demonstrate a minimum annual growth rate of 20% over the past three consecutive years, measured either by revenue (turnover) or workforce expansion. Additionally, the employer must have maintained a baseline of at least 10 employees at the beginning of the three-year review period.

Endorsing Body Route for Scale-Up Sponsor Licence

The Endorsing Body Route is designed for organisations that do not yet meet the eligibility requirements of the standard pathway due to an insufficient trading or HMRC history. However, this route is ideal for companies that can demonstrate substantial growth potential and a strong capability to fulfil the criteria within the next four years.

Through this pathway, an approved endorsing body will assess and confirm an employer’s suitability to apply for a Scale-Up Sponsor Licence. The endorsing body plays a critical role in evaluating the company’s business model, financial stability, and future growth prospects.

To qualify under this route, employers must provide compelling evidence that they meet the conditions and standards set by the endorsing body, showcasing their potential to become a recognised scale-up business in the near future.

General Requirements for a Certificate of Sponsorship (CoS)

Regardless of the route under which your sponsor is registered, it is essential that they hold an A-rated status on the Home Office’s official register of licensed sponsors. This rating confirms that the sponsor is fully compliant with immigration regulations and authorised to issue a Certificate of Sponsorship.

Once a Scale-up Sponsor obtains an A-rated licence, they are permitted to issue a CoS to sponsor skilled workers for a period of up to 6 months. The job offered must fall under a SOC 2020 occupation code listed in Table 2 or Table 3 of Appendix Skilled Occupations and be specifically designated as eligible for the Scale-up visa route. Additionally, the salary offered must meet or exceed £36,300 per annum, as well as the going rate for the relevant SOC 2020 occupation code.

Validity of the Certificate of Sponsorship

Your Certificate of Sponsorship must be issued within 3 months prior to the date of your Scale-up Visa application. Submitting an outdated CoS could result in your application being refused, so ensuring the document is current and valid is vital.

Mandatory Information on the CoS

To comply with Home Office requirements, your CoS must include specific details, such as:

• Your full name, job title, and salary package;
  
  
• Confirmation that you will work for the sponsoring employer for at least 6 months;
  
  
• A start date no later than 3 months from the date of your Scale-up Worker Visa application;
  
  
• Verification that the Certificate of Sponsorship has not been used in any previous application that was either granted or refused, and that it has not been withdrawn by the sponsor or cancelled by the Home Office.

Genuine Employment Requirement for a UK Scale-up Visa

To qualify for a UK Scale-up Visa, applicants must demonstrate to the Home Office that they have been offered a genuine and legitimate role by an approved sponsor. This is a key eligibility criterion designed to ensure that the visa route is used only for authentic employment opportunities within qualifying scale-up businesses.

If the Home Office has reasonable grounds to believe that the role does not exist, is fraudulent, or has been fabricated primarily to secure a visa, the application will be refused. The position must be real, essential, and directly tied to the needs of the sponsoring company.

Furthermore, the Home Office will closely assess whether there are any improper arrangements, such as filling a temporary or permanent vacancy for a third party not acting as the sponsor. Similarly, applicants cannot undertake contract-based work that involves delivering ongoing, routine services or roles for an organisation other than the approved sponsor.

Scale-up Visa Skill Level Criteria for Sponsored Roles

To qualify for a Scale-up Visa through a sponsored application, the position for which you are being sponsored must meet the eligible job skill level requirement set by the UK immigration rules. This means that the role must be classified as an appropriate occupation under the Skilled Occupations Appendix, as outlined in SOC 2020 occupation codes.

Applicants are typically required to hold a job listed in Table 2 or Table 3 of Appendix Skilled Occupations, which specifies the relevant occupation codes, job categories, and associated job titles approved for the Scale-up visa route. In most cases, if your sponsored role appears on this list, you will satisfy the job skill level eligibility criteria.

Importance of Selecting the Correct SOC Code

It is essential for your sponsor to assign the most appropriate SOC 2020 occupation code to your role. If the Home Office has any reasonable grounds to believe that the SOC code selected does not accurately reflect your job’s responsibilities, your Scale-up Visa application will be refused.

When determining whether the correct occupation code has been chosen, the Home Office will examine:

• Whether there is a genuine need for the role as outlined by the sponsor.
  
  
• Whether you hold the necessary skills, qualifications, and experience to perform the job.
  
  
• The sponsor’s track record of compliance with UK immigration laws and regulations.

Scale-up Visa Salary Criteria for Sponsored Routes

To qualify for a Scale-up Visa under the Sponsored Application pathway, the offered salary must meet specific minimum thresholds. The role for which you are being sponsored must provide a salary of at least £36,300 per annum, or the ‘going rate’ as defined by the applicable SOC 2020 occupation code, whichever is higher.

These salary requirements ensure that applicants meet the eligibility standards set by UK immigration rules, which are designed to attract highly skilled professionals in recognised shortage or specialist fields.

General Salary Requirement for UK Work Visas

The salary threshold for UK work visas is assessed based on the guaranteed basic gross pay, calculated for up to 48 hours per week. It is important to note that this figure excludes any additional earnings, such as bonuses, overtime, or non-monetary benefits.

For applicants sponsored under a working pattern where weekly hours fluctuate resulting in uneven monthly pay work exceeding 48 hours in certain weeks may still count towards meeting the £39,100 salary threshold. This is permissible as long as the average weekly hours, assessed over a regular reference cycle of no more than 17 weeks, does not exceed 48 hours per week. Any unpaid rest weeks or non-working weeks will still be included in the calculation of this average.

UK Earnings Criteria for a Scale-up Worker Visa (Unsponsored Route)

To qualify for a Scale-up Visa via the Unsponsored route, applicants must demonstrate that they have received UK-based PAYE earnings equivalent to at least £39,100 per annum during a minimum of 50% of their time holding Scale-up Worker leave.

This threshold is subject to the date on which your previous Certificate of Sponsorship (CoS) was assigned:

• £34,600 per annum if your most recent permission under the Scale-up route was granted based on a CoS issued between 12 April 2023 and 3 April 2024.

• £33,000 per annum if your most recent permission was granted based on a CoS assigned on or before 11 April 2023.

The Home Office will evaluate only your guaranteed basic gross salary as documented through UK PAYE records. Income derived from self-employment or from sources outside the UK is not eligible for consideration when meeting the salary requirement.

Allowances for Absences from Work

If you experienced absences due to statutory leave such as maternity, paternity, parental, shared parental, or adoption leave, or sick leave these periods will still be counted as if you were earning the qualifying threshold of £39,100 per year (or £34,600 / £33,000 depending on your CoS date). This also applies if you were in employment with PAYE earnings of at least £39,100 per annum (or £34,600/£33,000 based on the CoS date) prior to the period of leave.

Genuine Earnings Requirement for the UK Scale-up Visa

To successfully obtain a UK Scale-up Visa, applicants must convincingly demonstrate to the Home Office that their PAYE (Pay As You Earn) earnings are authentic and verifiable.

If the Home Office identifies any reasonable suspicion that the reported PAYE earnings have been artificially inflated, misrepresented, or are not directly linked to genuine, lawful employment, the Scale-up Worker visa application will be refused.

Scale-up Visa: English Language Requirement for All Applications

To qualify for a UK Scale-up Visa whether applying under the Sponsored or Unsponsored route applicants must meet the English language requirement. This involves demonstrating proficiency across all four core skills: reading, writing, speaking, and listening, at a minimum standard of level B1 (intermediate) on the Common European Framework of Reference for Languages (CEFR).

Applicants who are highly skilled professionals with a confirmed job offer from an eligible UK Scale-up business and are seeking entry clearance or permission to remain as a Scale-up migrant can satisfy the English language requirement through any one of the following:

• Being a citizen of a majority English-speaking country.
  
  
• Successfully passing a Secure English Language Test (SELT) from a Home Office-approved provider.
  
  
• Holding a degree taught in English (which must be verified if obtained outside the UK).
  
  
• Possessing a GCSE, A Level, or Scottish Higher qualification in English obtained through schooling in the UK.
  
  
• Previously meeting the B1 English requirement in a prior approved application for entry clearance or leave to remain.

Scale-up Visa: Financial Requirements for All Applications

To qualify for a UK Scale-up Visa whether under the Sponsored or Unsponsored route you must typically demonstrate that you have available funds of at least £1,270.

These funds must have been continuously held for a minimum of 28 consecutive days, with the final day of this period falling no more than 31 days prior to the submission of your visa application.

Exemptions from the Financial Requirement

You will be exempt from meeting this financial requirement if your sponsor agrees to cover your maintenance expenses for the first month of employment, up to £1,270 if necessary. This commitment must be explicitly stated on your Certificate of Sponsorship.

Financial Requirement for In-country Applications

If you are applying to extend your stay from within the UK and have already held valid permission to remain for 12 months or more at the time of your application, you are automatically considered to have met the financial requirement. In this case, there is no need to provide evidence of funds.

Immigration Skills Charge Requirement

UK Scale-up Sponsors are not required to pay the Immigration Skills Charge.

Transitioning to the Scale-up Worker Visa Route

Individuals holding valid leave to remain under a different UK immigration category may be eligible to switch to the Scale-up Worker visa route, provided they do not fall under certain restricted categories. You will be unable to apply for this route if your current or most recent immigration status was as a Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household, or if you were granted leave outside the Immigration Rules.

Duration of a Scale-up Visa

The Scale-up Visa offers two distinct routes, each with a specific period of stay in the UK.

For applicants entering under the Sponsored Scale-up Visa route, permission to stay or entry clearance is typically granted for 2 years. Upon completing this initial period, applicants may transition to the unsponsored route, providing greater flexibility and independence from employer sponsorship.

Alternatively, those who apply through the Unsponsored Scale-up Visa route are usually granted permission to stay or entry clearance for a longer duration of 3 years, enabling them to live and work in the UK with fewer restrictions.

Conditions of Stay on the UK Scale-up Visa Route

The UK Scale-up Visa offers flexibility for skilled professionals, but the conditions of stay vary depending on whether your application is made via the Sponsored or Unsponsored route.

Scale-up Visa – Sponsored Route

If your Scale-up Visa is granted through the Sponsored Application route, you must remain employed in the specific role for which you were sponsored for the initial 6-month period. During this time, your immigration status is directly linked to your sponsoring employer.

After completing the first six months, your visa status becomes independent of your sponsor, giving you the freedom to:

• Continue with your current employer without the need for ongoing sponsorship

• Take up additional or alternative employment

• Engage in self-employment or voluntary work

• Pursue academic studies

However, it is important to note that access to public funds remains prohibited under this visa category.

Scale-up Visa – Unsponsored Route

If your leave to remain is granted via the Unsponsored Application route, you will enjoy full work rights from the start. This includes the ability to work in any role, start your own business, or undertake voluntary work, without being tied to a sponsoring employer.

You are also permitted to study under this route. As with the Sponsored route, you will not be entitled to public funds.

Settlement as a Scale-up Worker (Indefinite Leave to Remain)

To qualify for indefinite leave to remain (ILR) as a Scale-up Worker in the UK, applicants must satisfy UK Visas and Immigration (UKVI) by meeting a series of strict requirements.

Key Eligibility Criteria for ILR as a Scale-up Worker

1. Continuous Residence:
   You must have lawfully resided in the UK for a continuous period of at least five years under valid immigration status.

2. Eligible Immigration Categories:
   Your five-year qualifying period can be made up of time spent under any of the following visa routes, either solely or in combination:

   • Scale-up Worker Visa

   • Skilled Worker Visa

   • Global Talent Visa

   • Innovator Visa

   • T2 Minister of Religion Visa

   • International Sportsperson Visa

   • Representative of an Overseas Business Visa

   • Tier 1 Migrant (excluding Tier 1 Graduate Entrepreneur)

3. Current Employment & Salary Threshold:
   On the date you submit your ILR application, you must be employed in the UK with a minimum salary paid through PAYE of:

   • £36,300 per year, or

   • £34,600 per year (if your last Certificate of Sponsorship was assigned between 12 April 2023 and 3 April 2024), or

   • £33,000 per year (if your last Certificate of Sponsorship was assigned on or before 11 April 2023).

4. Earnings Requirement:
   You must demonstrate monthly PAYE earnings at or above the relevant salary threshold (as outlined above) for at least 24 months within the three years immediately prior to your ILR application.

5. Life in the UK Test:
   You must meet the Knowledge of Life in the UK requirement, unless you are exempt.

How the Home Office Assesses Salary and Earnings

The Home Office will only assess your guaranteed basic gross pay, as recorded through a UK-based PAYE system. Other income sources including self-employment earnings or income from overseas will not count towards the salary threshold.

When calculating your PAYE earnings over the last three years, the Home Office will consider certain absences from work such as statutory maternity, paternity, parental, shared parental, or adoption leave, as well as periods of certified sick leave as if you were paid the equivalent of the required salary thresholds (£36,300, £34,600, or £33,000 depending on the applicable Certificate of Sponsorship period).

Genuine Earnings Requirement for Scale-up Worker Settlement

To qualify for settlement as a Scale-up Worker, applicants must demonstrate to the Home Office that their PAYE earnings are authentic and accurately reflect genuine employment.

If there are credible reasons to suspect that your PAYE earnings have been falsified, artificially increased, or are not linked to legitimate work, your application for Indefinite Leave to Remain (ILR) under the Scale-up Worker route will be refused.

Dependants of Scale-Up Visa Applicants

Holders of a Scale-Up Visa have the right to be accompanied or later joined by their eligible dependants. This includes a spouse or partner aged 18 or over, as well as any dependent children under the age of 18.

How Link and Day Lawyers Can Support You

At Link and Day Lawyers, we specialise exclusively in UK immigration services, delivering expert advice and tailored solutions for both individuals and businesses. Our highly skilled immigration professionals are adept at guiding talented individuals with offers from qualifying UK Scale-up businesses, ensuring a seamless visa application process and helping you align your career ambitions with your immigration objectives.

For UK-based employers, our team provides comprehensive assistance in obtaining and maintaining the correct sponsor licence. We ensure your business remains fully compliant with all Home Office requirements, helping you retain a top-rated sponsor status while fulfilling every legal obligation with precision.

We are committed to delivering a client-focused service defined by proactivity, reliability, and approachability. At Link and Day Lawyers, we take pride in offering transparent, strategic, and professional immigration advice that empowers both employers and employees to achieve their goals with confidence.