The U.K. government has launched a new immigration route, the Scale-Up Worker visa. The route will allow the employer access to a cost- and time-effective means of hiring highly skilled foreign nationals, without necessarily committing to a long-term contract, and it will allow the employee the freedom to change employers without risking their immigration status in the U.K. This article will provide a brief explanation of how an organisation can become eligible to sponsor individuals/employees through this route.
The Home Office released its most recent “Statement of Changes” on 18 October 2022. Whilst there are no major, over-arching changes being introduced, as we have seen in previous versions of the statement, there are still a number of announcements that will be of interest and significance to those individuals it applies to.
Clarification on Worker Status
In Nursing and Midwifery Council v Somerville  EWCA Civ 229, the Court of Appeal (CoA) considered whether an obligation on the part of a worker to perform a minimum amount of work was a prerequisite for worker status.
On 6 April 2022, the Home Office updated the codes of practice on preventing illegal working. All “Right to Work” (RTW) checks must now be conducted in conformity with the updated codes. Below is a summary of the methods of conducting the checks that are now available to employers conducting RTW checks.
RTW checks must be conducted for all prospective employees, irrespective of their nationality or immigration status. The checks must be conducted before employment commences in the U.K.
What is a Scale-Up visa?
The Scale-Up visa is a route which enables businesses in the U.K. to recruit talented foreign nationals who have the skills needed to allow the Scale-Up business to continue growing. One of the main benefits of the visa is its exemption from the Immigration Skills Charge. The Scale-Up visa is a route to settlement in the U.K.
On 21 February 2022, the U.K. government announced its “Living with COVID-19’” plan. This month’s U.K. Employment Law Update outlines the key changes in England and what it means for employers.