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UK SCALE-UP VISA
UK SCALE-UP VISA FOR SWISS RESIDENTS
The UK Scale-up Visa is designed for talented individuals from Switzerland (Swiss citizens and non-Swiss citizens) recruited by UK Scale-up Sponsors, who possess the skills essential for the growth of Scale-up businesses. Scale-up Visa applicants from Switzerland need a highly-skilled job offer from a qualifying Scale-up business with a competitive salary.
The Scale-Up route provides a pathway to UK settlement. Applicants can be joined or accompanied by a partner and dependent children.
UK Scale-up Visa Application Routes
1. Sponsored Application: First-time Scale-up Visa applicants residing in Switzerland must apply via the Sponsored route.
2. Unsponsored Application: Available for those previously granted permission as a Scale-up Worker.
Requirements for a UK Scale-up Visa – Sponsored Application from Switzerland
To qualify for a Scale-up Visa via a Sponsored Application submitted in Switzerland, you must satisfy UK Visas and Immigration by meeting the following criteria:
Age: Be 18 or over.
Sponsorship: Possess a valid Certificate of Sponsorship from a qualifying UK Scale-up sponsor.
Job Offer: The job offer must be genuine and at the appropriate skill level (SOC 2020 occupation codes listed in Table 2 or Table 3 of Appendix Skilled Occupations).
Salary Requirement: Salary must be at least £36,300 per year and meet the ‘going rate’ for the occupation.
Language Proficiency: Demonstrate English language proficiency (CEFR Level B1 or IELTS 4.0).
Financial Sufficiency: Have sufficient funds to support yourself without public funds.
Requirements for a UK Scale-up Visa – Unsponsored Application
For an Unsponsored Scale-up Visa Application, you must satisfy the following requirements:
Age: Be 18 or over.
Previous Permission: Have previously been granted permission as a Scale-up Worker.
Earnings Threshold: Have monthly PAYE earnings in the UK meeting the specified thresholds for at least 50% of your most recent permission period.
Language Proficiency: Demonstrate English language proficiency (CEFR Level B1 or IELTS 4.0).
Financial Sufficiency: Have sufficient funds to support yourself without public funds.
To discuss your UK Scale-up Visa application with one of our immigration lawyers, contact our Swiss-UK business immigration team on +41 21 588 07 70 or complete our enquiry form below. |
Certificate of Sponsorship (CoS) Requirement for Swiss (and non-Swiss) Residents of Switzerland
For a Sponsored Application for a Scale-up Visa, Swiss citizens and individuals of other nationalities living in Switzerland need a valid Certificate of Sponsorship from an authorised UK Scale-up Sponsor. Sponsors can register via:
1. Standard Pathway: Assessed by the Home Office based on employment and turnover growth (20% annualised growth over 3 years with at least 10 employees at the start).
2. Endorsing Body Pathway: For employers with insufficient HMRC history but potential to qualify in the next 4 years, confirmed by an approved endorsing body.
General CoS Requirements for Citizens of Switzerland and Others
Regardless of the pathway, your sponsor must be A-rated on the Home Office’s register of licensed sponsors and can issue a CoS for jobs listed in Table 2 or Table 3 of Appendix Skilled Occupations, with a salary meeting the £36,300 per year threshold and the ‘going rate’ for the job.
UK Scale-up Visa Genuine Job Requirement for Residents of Switzerland
Individuals from Switzerland (Swiss citizens and non-Swiss citizens) who wish to apply for a UK Scale-up Visa must prove the job is genuine. The Home Office will refuse applications if the job appears fabricated, a sham, or created just to obtain a visa. Also, they will ensure you are not filling a position with a third party who is not the sponsor.
UK Scale-up Visa Job Skill Level Requirement for Persons Residing in Switzerland
Both Swiss passport holders and holders of other passports must demonstrate that the job is at or above the required skill level, typically verified by its listing in Table 2 or Table 3 of Appendix Skilled Occupations. The Home Office will evaluate if the chosen SOC 2020 occupation code is appropriate.
UK Scale-up Visa Salary Requirement for Residents of Switzerland
Residents of Switzerland applying for a UK Scale-up Visa must have job offer with a salary of at least £36,300 per year and the ‘going rate’ for the occupation, based on guaranteed basic gross pay up to 48 hours per week.
UK Earnings Requirement for Unsponsored Application
You must have had monthly PAYE earnings equivalent to at least £36,300 per year during at least 50% of your most recent grant period. Periods of statutory leave will count towards this threshold.
Genuine Earnings Requirement
Your PAYE earnings must be genuine. The Home Office will refuse applications with fabricated or inflated earnings.
English Language Requirement for Swiss Residents
Scale-up Visa applicants from Switzerland must demonstrate English proficiency at CEFR Level B1 (intermediate) in all four components. This can be proven by:
Being a national of a majority English-speaking country.
Passing a Secure English Language Test.
Holding a degree taught in English.
Having a GCSE/A Level or Scottish Highers in English from a UK school.
Meeting the requirement in a previous successful application.
Financial Requirement for Scale-up Visa Applications from Switzerland
Applicants for a Scale-up Visa in Switzerland need cash funds of at least £1,270, held for 28 consecutive days ending no more than 31 days before the application date. Exemptions apply if the sponsor confirms maintenance support or if the applicant has been in the UK with permission for over 12 months.
Scale-up Immigration Skills Charge
Scale-up Sponsors are not required to pay the Immigration Skills Charge.
Switching into the UK Scale-up Worker Route
Swiss citizens (and citizens of other countries) already in the UK can switch into the Scale-up route from other immigration categories, except certain ones like Visitor, Short-term student, and others.
Duration of a UK Scale-up Visa
Sponsored Application: Granted for 2 years, after which you can apply for an unsponsored extension.
Unsponsored Application: Granted for 3 years.
Conditions of Stay
Sponsored Application: You must work for your sponsor for 6 months before having the freedom to change jobs or work independently.
Unsponsored Application: Full work rights from the start, including employment, self-employment, and voluntary work.
Settlement as a Scale-up Worker
To qualify for indefinite leave to remain in the UK, Swiss nationals (and nationals of other countries) must:
Spend 5 continuous years in the UK with valid leave.
Be in employment with a salary of at least £36,300 per year on the date of application.
Have had PAYE earnings of at least £36,300 per year for 24 months in the last 3 years.
Meet the Knowledge of Life in the UK requirement.
Dependants
Scale-up Visa holders can bring a dependent partner over 18 and dependent children under 18.
How Our UK Immigration Lawyers in Switzerland Can Help
Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss citizens (and non-Swiss citizens) residing in Switzerland.
Our business immigration lawyers assist talented individuals and UK employers with UK Scale-up Visa applications, ensuring compliance and achieving immigration goals.
Our UK visa and immigration services encompass expert guidance on all UK visa routes for Swiss residents, along with a fully-managed UK visa application preparation service tailored for Swiss citizens (and non-Swiss citizens) in Switzerland. Our dedicated UK immigration lawyers provide personalised support and expert advice to residents of Switzerland throughout the entire UK visa application process.
For professional assistance and expert advice on a UK Scale-up Visa application from Switzerland, contact our British visa specialists in Switzerland on +41 21 588 07 70 or complete our enquiry form below.
WE CAN ALSO ASSIST WITH
Applications by Swiss Citizens and non-Swiss Citizens for Indefinite Leave to Remain as a UK Scale-up Worker
In order to qualify for indefinite leave to remain as a Scale-up Worker you will need to satisfy UK Visas and Immigration that:
You have spent a continuous period of 5 years in the UK with valid leave;
The 5-year continuous period has comprised time spent with permission in any of the following routes (alone or in combination): Scale-up, Skilled Worker, Global Talent, Innovator, T2 Minister of Religion, International Sportsperson, Representative of an Overseas Business, as a Tier 1 Migrant, other than Tier 1 (Graduate Entrepreneur);
You are in employment in the UK on the date of application with a salary paid through PAYE of at least £36,300 per year (or £34,600 per year if your most recent permission on the route was on the basis of a Certificate of Sponsorship assigned between 12 April 2023 and 3 April 2024 or £33,000 per year if your most recent permission on the route was on the basis of a Certificate of Sponsorship assigned on or before 11 April 2023;
You have had monthly PAYE earnings in the UK equivalent to at least £36,300 per year (or £34,600 per year if your most recent permission on the route was on the basis of a Certificate of Sponsorship assigned between 12 April 2023 and 3 April 2024 or £33,000 per year if your most recent permission on the route was on the basis of a Certificate of Sponsorship assigned on or before 11 April 2023) during at least 24 months of the last 3 years immediately before the date of application;
You meet the Knowledge of Life in the UK requirement (unless an exemption applies).
The Home Office will consider your guaranteed basic gross pay, recorded through UK-based PAYE. Other sources of income (including earnings from self-employment and earnings from outside the UK) will not be considered.
For the purpose of calculating your PAYE earnings in the UK during the last 3 years absences from work due to statutory maternity leave, paternity leave, parental leave, shared parental leave, statutory adoption leave or sick leave will be treated as periods during which you were paid the equivalent of at least £36,300 per year (or £34,600 per year if your most recent permission on the route was granted on the basis of a Certificate of Sponsorship assigned between 12 April 2023 and 3 April 2024 or £33,000 per year if your most recent permission on the route was granted on the basis of a Certificate of Sponsorship assigned on or before 11 April 2023).
Fresh applications, Administrative reviews and Judicial reviews for Scale-up Visa Applicants from Switzerland
If your application for entry clearance, leave to remain or settlement as a Scale-up Worker Migrant has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.
If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.
If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.
Applications for Scale-up Worker Sponsor Licences by Swiss Companies with a UK Branch
The Scale-up Visa is for talented individuals recruited by a UK Scale-up Sponsor, who have the skills needed to enable the Scale-up business to continue growing.
In order to obtain a Scale-up Visa via a Sponsored Application, applicants need to be sponsored by an employer that is authorised by the Home Office to sponsor a Scale-up Worker.
To register as a Scale-up Sponsor, an employer will need to demonstrate that they have had an annualised growth of at least 20% for the previous 3-year period in terms of turnover or staffing. Companies will also need to have had a minimum of 10 employees at the start of this 3-year period.
Our business immigration barristers assist UK employers to obtain the right sponsor licence, maintain their licence at the highest rating and comply with their sponsor duties.
Whether you require advice on the correct company-related documentation to provide in support of a Scale-up Worker sponsor licence application, assistance with drafting a compelling business case that will satisfy UKVI that you need a sponsor licence in order to fill a genuine role or guidance on running a compliant recruitment process, our immigration barristers can manage the sponsor licence application process on your behalf.
Applications for Skilled Worker Visas by Swiss Nationals and non-Swiss Nationals in Switzerland
The Skilled Worker Visa is open to individuals of all nationalities (except British and Irish) who have an offer of an eligible skilled job in the UK from a Home Office-approved sponsor. The route can lead to settlement and applicants can be joined by dependent partners and children.
In order to qualify for a Skilled Worker Visa, you will need to satisfy UK Visas and Immigration that:
You are aged 18 or over;
You have a valid Certificate of Sponsorship for the job you are planning to do;
Your job offer is a genuine vacancy;
Your job is at an appropriate skill level;
You will be paid a salary which equals or exceeds both a general salary threshold and the ‘going rate’ for the applicable SOC 2020 occupation code;
Your sponsor has paid any required Immigration Skills Charge;
You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0);
You have enough money to support yourself without relying on public funds;
You have provided a criminal record certificate, if required; and
You have provided a valid TB certificate, if required.
The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.
WHAT CAN WE HELP YOU WITH?
To arrange a consultation meeting, call our UK immigration lawyers in Switzerland on +41 21 588 07 70 or fill out the form below.
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