In short: the Government's response to A Fairer Pathway to Settlement names Scale Up in both of its lists of permissions that can lead to settlement, and Scale Up is not among the routes that will stop counting towards the qualifying period. For a Scale-up visa holder, the pathway you reach depends on your earnings: £125,141, £50,271 or £12,571.
Status: the response was presented to Parliament in November 2026 as Command Paper CP 1707. It is the Government's policy, not Immigration Rules, and it says further guidance will be published before implementation. Until a Statement of Changes is laid and comes into force, the rules in force when you apply are the ones that govern your application.
Where Scale Up sits in the response
The response uses two lists:
- Core permission — Tier 2 Minister of Religion, Skilled Worker, UK Ancestry, Global Talent, Scale Up, Innovator Founder, International Sportsperson, and certain Family and Stateless Person permissions.
- High talent permission — Skilled Worker, Global Talent, Scale Up, Innovator Founder and International Sportsperson.
Scale Up is on both. It is also not on the list of routes whose time will not count (see our article on temporary routes).
The response is clear that an applicant must hold permission on a route eligible for the pathway they are applying under, and meet the contribution, integration, character and residence requirements for that pathway. It does not set out a separate Scale-up pathway.
What your earnings decide
- Three years — earnings of at least £125,141 in three of the four years immediately before applying (one can be below), or qualification through the Highest Talent Group, which is subject to review pending the Migration Advisory Committee's report.
- Five years — earnings of at least £50,271 in three of the five years (two can be below), or five years in an eligible public service occupation, or a British connection.
- Ten years — the default: £12,571 in five of the seven years.
Earnings are assessed on a "best years" basis. The response recognises that maternity or parental leave, caring responsibilities and ill health can cause a dip. For the three-, five- and ten-year pathways you must also not have accessed public funds in the last five years or committed a qualifying immigration breach.
A worked example (illustration only)
A Scale-up visa holder earns above £50,271 in three of the five years before applying, and below it in the other two. The five-year earnings test is met on the "three of five" basis.
A Scale-up visa holder earning above £12,571 but below £50,271 in every year does not meet the five-year earnings test. The ten-year pathway is the one that applies, unless another five-year limb applies.
The minimum standards everyone must meet
These cannot be offset by higher earnings or other contributions:
- Good character and suitability. Any adult with a criminal record in the UK will be refused settlement.
- No outstanding Government debt, including NHS debt, tax debt and litigation debt owed to the Home Office.
- English at B2 (the current standard is B1), subject to exemptions for children, people aged 65 and over, and people unable to meet it because of a physical or mental condition.
- The Life in the UK test.
- Sustained contribution.
A specified immigration breach committed as an adult places you on the 20-year pathway whatever you earn.
Partners and children
A partner who arrives with you can settle at the same time, provided they meet the relevant requirements. A partner who joins later must complete the same qualifying residence period. Eligible couples can combine earnings to meet the minimum contribution, with a household threshold of £25,142.
What governs your application today
The rules in force when you apply. If you are counting towards settlement now, you are counting under the current rules. See our Earned Settlement page.
Sources
- GOV.UK: A Fairer Pathway to Settlement — Government response to the consultation, CP 1707 (PDF) — earnings on pages 11–12, routes that count on pages 18–20 and the footnotes to pages 19–20, Table 1 on page 42
- GOV.UK: Immigration Rules — Statements of Changes
- GOV.UK: Settle in the UK
This is general information, not legal advice. This page reports a policy response, not a prediction, and is not a basis for delaying or accelerating an application.