SCALE-UP WORKER VISA
UK Scale-up Worker Visa: Eligibility, Requirements & How to Apply
In This Guide
17. How Our Immigration Barristers Can Help
Scale-up Worker applications can involve complex questions concerning sponsorship, occupation codes, salary calculations, PAYE records, transitional provisions and genuine employment.
Our immigration barristers advise both individual applicants and sponsoring businesses on the requirements of the route.
Initial Eligibility and Route Strategy
We can assess whether the Scale-up Worker route is appropriate and identify the correct application pathway.
Our advice can include:
- assessing eligibility for a sponsored or unsponsored application;
- comparing the Scale-up Worker and Skilled Worker routes;
- checking whether switching is permitted;
- advising Students on the additional switching requirements;
- assessing English-language and maintenance requirements;
- reviewing previous immigration history; and
- identifying future extension and settlement considerations.
Early advice can prevent an applicant from applying under the wrong pathway or relying on an employment arrangement that will not support a later extension.
Sponsored Scale-up Worker Applications
We can assist with the legal and evidential requirements of a sponsored application.
Our work can include:
- checking the sponsor’s licence status;
- reviewing the Certificate of Sponsorship;
- advising on the correct occupation code;
- calculating the applicable salary and going rate;
- assessing whether the role is genuine;
- reviewing third-party working arrangements;
- preparing the application form and supporting documents; and
- drafting detailed legal representations.
We can coordinate with the sponsor and applicant to ensure that the information provided in the immigration application is consistent with the Certificate of Sponsorship and sponsor records.
Unsponsored Extension and Settlement Applications
The earnings requirements for an unsponsored extension or settlement can be technically demanding, particularly where the applicant has changed employer, worked for several employers or taken protected leave.
We can assist by:
- identifying the correct transitional earnings threshold;
- calculating qualifying PAYE months;
- reviewing HM Revenue and Customs records;
- reconciling payslips and bank statements;
- advising on multiple-employer earnings;
- documenting maternity, paternity, neonatal, adoption or sick leave;
- assessing continuous residence and absences;
- advising on combined qualifying routes; and
- preparing extension or settlement representations.
Where there are errors or gaps in the PAYE record, we can advise on their legal significance and the evidence required to explain them.
Refusals and Administrative Review
We can advise following refusal of a Scale-up Worker application.
Our work can include:
- analysing the refusal decision;
- identifying Home Office caseworking errors;
- advising on administrative review;
- preparing administrative-review grounds;
- assessing whether a fresh application is preferable;
- advising on the effect of refusal on immigration status and work rights; and
- advising on judicial review where no adequate alternative remedy is available.
We assist from initial eligibility assessment through application, extension, settlement and, where necessary, challenge to an adverse decision.
18. Contact Richmond Chambers Immigration Barristers
Our immigration barristers are approachable, responsive and proactive. We provide clear, commercially aware and professionally focused advice to individuals and businesses navigating the Scale-up Worker route.
For expert advice and assistance with a Scale-up Worker visa application, extension, settlement application or refusal, call Richmond Chambers on 0203 617 9173 or complete our online enquiry form.
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WHAT CAN WE HELP YOU WITH?
To discuss your Scale-up Worker Visa application with one of our immigration barristers, contact our business immigration team on 0203 617 9173 or complete our enquiry form below.
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