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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll