Switching to Scale-Up Visa

Who can apply for a Scale-UP Visa?

Any one above 18 years of age based overseas may apply for the scale-up visa and anyone residing in the UK may also apply for Scale-Up visa provided they do NOT have leave:

As a visitor: 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.

Can students apply for Scale-up visa?

Yes, students may apply for scale-up visa while remaining in the UK provided they fulfill one of the following conditions:

1. Condition A:

a. The applicant must have completed the course of study for which the CAS was assigned ; or

2. Condition B:

a. the applicant must be studying a full-time course of study at degree level or above with a higher education provider which has a track record of compliance; and

b. The COS must have a start date no earlier than the course completion date: or

3. Condition C:

a. The applicant must be studying a full-time course of study leading to the award of a PHD with a higher education provider which has a track record of compliance; and

b. The COS must have a start date no earlier than 24 months after the date of that course.

Can Student Dependents apply for Scale-Up visa?

Yes, student dependents can apply for scale-up visa while remaining in the UK. But the students cannot apply for dependent visa of a scale-up migrant unless they have completed the course that they have embarked upon.

Requirements of Scale-Up Visa Applications

It is mandatory to meet the validity, suitability and eligibility for all the Scale-up visa applicants. It is important to note that you will be required to have a certificate of sponsorship to be able to apply for leave to enter or leave to remain as a skilled worker. It is a PBS immigration route and would require successful applicants to score 70 points in order to qualify i.e.

1.Sponsorship : 50 Points

2.English language: 10 Points

3.Maintenance: 10 Points

Applicants will also need to meet the English language requirements as well as the maintenance requirements, though if the sponsor certifies for maintenance the applicants will be exempt from this requirement. The Scale-Up migrants do not really need sponsorship for further leave to remain once they have completed at least 6 months of employment with their sponsors and have earned £34600 in the last 12 months of their residence in the UK.

Applicant’s Prospective Salary

The Applicant need to be paid at least £34,600 per year or the appropriate rate fee for the job offered, whichever is higher.

English Language Requirements for Scale-Up Visa

The applicant scores 10 points for being a national of one of the English speaking Countries

or having completed UK Bachelors level qualification in one of the English Speaking countries

or having passed an approved English language test at CFER level B1

or having provided evidence of English language (equivalent to B1 or above) in another immigration application.

Maintenance Requirements in Scale-Up Visa Applications

The Applicant must demonstrate that he/ she has access to at least £1270 in their bank accounts for 28 days prior to the date of their application for Scale-Up worker Visa. This requirement may also be met if the sponsor certifies the applicant for maintenance purposes while issuing CoS (Certificate of Sponsorship).

Certificate of Sponsorship

Once the sponsor [i.e. UK based licensed Employer] is allocated a sponsorship certificate to employ an overseas national, based abroad or in the UK, they need to issue to the applicant providing all the relevant details and the applicant is then required to make his entry clearance application or leave to remain, if already in the UK and is able to switch.

Visa Duration for Scale-Up Visa Applications

The initial leave with a Scale-Up visa in the UK is up to 2 years.

Dependents of Scale-Up Visa Migrants

Scale-Up workers are allowed to invite their spouses / partners and children under 18 years of age to join them as their dependents and they may also qualify for ILR upon completion of the required period of time. The dependents will be able to work in the UK. The dependent partner must have access to at least £285, the first dependent child must have access to at least £315 while any other children must have access to at least £200, maintained for at least 28 days.

Refusal of Entry Clearance of Scale-Up Migrants

If the entry clearance application is refused by the ECO (visa officer) in the overseas British Diplomatic post, the applicant will be given a right of review of the decision that must be exercised within 28 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the visa officer. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

Refusal of Leave to Remain of Scale-Up Migrants

If the further leave to remain application is refused by the Home Office, the applicant is granted right of administrative review that must be exercised within 14 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the Home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

Why Chauhan Solicitors?

We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world.

According to our clients, we are one of the Best Immigration Solicitors in London. We invite you to view our online reviews shown below that would allow you make an informed choice when instructing on of the best immigration solicitors of London to represent you.

How We Can Help You?

No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.

A) Assessment of your Immigration Matter: We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.

B) Immigration Advice: Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.

C) Engagement of Our Immigration Services: Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.

D) Review of Information and Documents: We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.

E) Representations: We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc in order to conclude your immigration matters successfully.

F) Follow-up: Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.

G) Outcome of your Immigration Matter: The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don'ts. Our team of best immigration solicitors take care of that diligently.

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.

info@chauhansolicitors.com

0203 514 2536