When considering long-term employment in the UK, both the Scale-Up Visa and the Skilled Worker Visa present viable pathways. These visas not only allow you to live and work in the UK but also offer the opportunity for permanent settlement after five years. However, understanding the key differences between these two options is crucial in making the best decision for your career and personal circumstances.

Job Flexibility: Which Visa Offers More Freedom?

A major distinction between the Scale-Up Visa and the Skilled Worker Visa lies in job flexibility.

• Scale-Up Visa: After an initial six-month period with your sponsoring employer, the Scale-Up Visa provides substantial freedom. You can switch roles within the same company, move to a different company, take on non-sponsored jobs, or even start your own business—all without needing to inform the Home Office. This visa is ideal for those who value autonomy in their career.
• Skilled Worker Visa: In contrast, the Skilled Worker Visa imposes stricter conditions. If you change jobs or employers, you must apply for a new visa. Additionally, while you can take on secondary employment, it must be within the same occupation code as your primary role or in a shortage occupation, and it cannot exceed 20 hours per week. This visa suits those who have a clear, long-term job commitment with a specific employer.

Sponsorship Requirements: What Do Employers Need to Know?

The requirements for employers sponsoring candidates under each visa also differ significantly.

• Scale-Up Visa: To qualify as a sponsor, employers must demonstrate an annual growth rate of at least 20% over the past three years and maintain a workforce of at least 10 employees during this period. Alternatively, employers can seek endorsement from an approved body. The minimum salary for positions under the Scale-Up Visa is £36,300 or the going rate for the occupation, whichever is higher.
• Skilled Worker Visa: Employers sponsoring a Skilled Worker must hold a valid sponsor licence and offer a minimum salary of £38,700 or the occupation’s going rate. The sponsorship process is more structured, reflecting the need for stability and compliance within the Skilled Worker route.

Renewal and Extension: Understanding the Pathways

Both visas can be extended, but the process and flexibility differ.

• Scale-Up Visa: Initially granted for two years, the Scale-Up Visa offers two renewal pathways: sponsored and unsponsored. After the first six months, you can renew your visa without requiring sponsorship, allowing for self-employment or directorship roles. This unsponsored pathway adds an extra layer of flexibility to your career options in the UK.
• Skilled Worker Visa: The Skilled Worker Visa, issued for one to five years depending on the employment contract, can only be renewed through the sponsored pathway. This means you must remain in the same role with the same employer, which can limit your job mobility.

Eligibility Criteria: What Are the Key Differences?

The eligibility criteria for the two visas reflect their distinct purposes.

• Employer and Role: Skilled Worker Visa applicants need a job offer for at least 12 months from a sponsor with a valid Skilled Worker licence, and the role must be on the eligible occupation list. In contrast, Scale-Up Visa applicants need a job offer for at least six months from a qualifying Scale-Up business, and after six months, they may no longer require sponsorship.
• Salary Requirements: The minimum salary for a Skilled Worker Visa is £38,700, while for a Scale-Up Visa, it is £36,300. Both visas require applicants to demonstrate English language proficiency to at least B1 level and have at least £1,270 in savings.

Visa Fees and Settlement: What Should You Expect?

The financial aspect is another important consideration.

• Skilled Worker Visa: The application fee ranges from £719 to £1,636, depending on the duration and location of the application. Applicants must also pay a healthcare surcharge of £1,035 per year.
• Scale-Up Visa: The application fee is £822, with the same healthcare surcharge of £1,035 per year. Both visa holders can apply for Indefinite Leave to Remain (ILR) after five years, provided they meet specific salary and English language requirements.

Making the Right Choice: Scale-Up or Skilled Worker?

Your choice between the Scale-Up Visa and the Skilled Worker Visa will depend on your career goals and personal preferences. If you prioritise job flexibility and the possibility of self-employment, the Scale-Up Visa may be the better option. However, if you prefer a stable, long-term employment arrangement with a specific employer, the Skilled Worker Visa might be more suitable.

At Axis Solicitors, we have extensive experience in helping individuals with UK immigration law. Our experts can guide you in choosing the right visa and assist you through the application process to ensure the best possible outcome. Contact us today to schedule a free initial consultation and take the next step in your UK career journey.