header-logo header-logo

02 September 2022
Issue: 7992 / Categories: Legal News , Immigration & asylum , Employment
printer mail-detail

Will the ‘Scale-up’ visa make a difference?

The Home Office has launched a ‘Scale-up’ visa route to help businesses recruit highly skilled employees

The two-year visa, available from 22 August, is aimed at ‘Scale-ups’―young, fast-growing, innovation-driven companies, as opposed to ‘start-ups’, which are recently established companies with potential to grow. To qualify, scale-ups should have a turnover or growth rate of more than 20% for the past three years and have at least ten employees at the start of the three-year period.

According to employment and immigration lawyer Gillian McKearney, senior associate, Fieldfisher, the individual will need to be sponsored for the first six months only and must be in a highly skilled role, earning at least £33,000 per year and at least £10.58 per hour.

Joanna Hunt, head of immigration at Fieldfisher, said: ‘With the headlines still dominated by stories of industry sectors struggling to source talent, the news of another launch of a new visa by the government would appear to offer some welcome relief.

‘However, the Scale-up visa is unlikely to have a major impact on companies facing recruitment challenges, particularly those who need to recruit low skilled workers.’

Hunt said the application process would be ‘less onerous’ than other sponsor licence applications but was still ‘a time and cost commitment which inhibits how responsive an employer can be when they have a new candidate they want to hire.

‘The other big issue with the scale up visa is that it will allow a visa holder to become “unsponsored” within six months, meaning they can freely move to any other employer.

‘It is also likely to mean a greater use of clawback clauses in employment contracts by employers to try and recoup visa costs from workers who leave a business early to try and incentivise them to stay. But the increased use of clawbacks is controversial as it could lead to workers being exploited by underhand employers.’
Issue: 7992 / Categories: Legal News , Immigration & asylum , Employment
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll