Tier 5

This Point-based System enables provides a variety of routes for non-EEA migrants to come to the UK to work on a temporary basis.

There are 5 types of Tier 5 (Temporary Worker) visa:

1. Creative and sporting
   This category is for Applicants in the creative and sporting sector entering the United Kingdom for short term contracts or engagements.
2. Charity workers
   This category is for Applicants coming to the United Kingdom to do voluntary, unpaid work for a charity
3. Religious workers
   This category is for Applicants coming to the United Kingdom to work as religious workers. Duties may include preaching, pastoral and non-pastoral work
4. Government authorised exchange
   This category is for Applicants coming to the United Kingdom through approved schemes that aim to share knowledge, experience and best practice.
5. International agreement
   This category is for Applicants coming to the United Kingdom under contract to provide a service that is covered under international law.

INITIAL APPLICATION

Tier 5 (Temporary Worker) visa Applicants must:

• Have a valid Certificate of Sponsorship from an organisation that holds a valid UK sponsorship licence in the UK.
• Have sufficient funds to support themselves and any dependants without recourse to public funds.
• Must not be subject to any general grounds of refusal
• Register with the police if required to do so

Additional and specific requirements must be complied with subject to the category the Applicant is applying under.

Creative and Sporting

Creative persons must demonstrate that they will make a unique contribution to the UK labour market this includes but is not limited to being internationally renowned or required for continuity and must be paid the minimum salary as set by Equity, PACT or BECTU (except for models or circuses)

Sportspersons must be internationally established at the highest level of their sport and demonstrate that they will make a significant contribution to the development and operation of that particular sport in the UK and the sponsor must have an endorsement for the Applicant,  from the appropriate sporting governing body.

Charity Workers

Charity workers must demonstrate that the work to be undertaken relates to the work of the sponsor organisation.

Religious Workers

Religious workers must demonstrate that the work to be undertaken relates to the work of the sponsor organisation.

Government authorised exchange (GAE)

GAE Applicants must demonstrate that the work, training or research in the UK relate to the work of the sponsor organisation. The Sponsor organisation must be either:

• an organisation running an approved exchange scheme
• a higher education institution (if you are a sponsored researcher, visiting academic or examiner)
• a government department or agency

International agreement

International agreement Applicants must demonstrate that the work undertaken falls into one of the following categories:

• covered by the General Agreement on Trade in Services (GATS)
• covered by similar agreements between the UK and other countries
• for an overseas government or international organisation
• as a private servant in a diplomatic household or in the household of an employee of an international organisation

DURATION OF STAY

Creative, Sporting and Charity visa holders can remain in the UK up to 12 months.

Creative workers can also apply for an extension up to a total of 24 months if remaining with the same sponsor.

Religious Workers and International Agreement visa holders can remain in the UK for a maximum period of 24 months subject to certain exemptions.

Government Authorised Exchange visa holders can remain in the UK up to 24 months.

PERMITTED ACTIVITIES

Tier 5 (Temporary Worker) visa Applicants are permitted to:

• Work for the sponsor in the job described in  the certificate of sponsorship
• Undertake voluntary work only in limited and specified circumstances.
• Travel abroad and return to the UK
• Have Family members (‘dependants’) accompany or  join the Applicant in the UK

PROHIBITED ACTIVITIES

Tier 5 (Temporary Worker) visa Applicants are not permitted to:

• receive public funds
• take up employment other than as stated on the Certificate of Sponsorship

EXTENSION APPLICATIONS

In order to extend stay in the UK as a Tier 5 (Temporary Worker) migrant, an Applicant:

• Must have a valid Tier 5(Temporary Worker) visa in a specified subcategory
• Must still be employed by the same employer in the same role for which leave was initially granted.
• Must have been issued with a Certificate of Sponsorship from a Tier 5 licensed UK sponsor
• Must be able to maintain and accommodate themselves and any dependents without recourse to public funds.

SETTLEMENT IN THE UK

Only private servants in a diplomatic household granted Entry Clearance under rules in place prior to 6^th April 2012 may qualify for settlement under Tier 5 (International agreements)

Where a settlement Application is permitted Applicants will need to also demonstrate:

• Continuous lawful residence in the UK for 5 years in the same category
• No more than 180 days absence from the United Kingdom during each 12 months of the five year period
• That their services for the role recorded on your Certificate of Sponsorship are still required by the Sponsor for the foreseeable future
• That there are no general grounds for refusing the application
• That the Applicant has passed the Life in the UK test and holds an English speaking and listening qualification at level B1 or above.

HOW WE CAN HELP

Our experienced lawyers can help Applicants:

• Make an initial, extension or settlement applications (if applicable)
• Challenge decisions by way of Administrative Review or other appeal process

We will assist by:

• obtaining the complete facts of a case
• collecting relevant documents and information
• advising the best solutions
• preparing the application (including completion of forms)
• preparing covering submissions
• submitting the application(s) to the relevant authority
• communicating with the relevant authority until a decision is made
• advising about rights and entitlements following a decision
• providing follow up support and services