TIER 5 (TEMPORARY WORKER)
The Tier 5 (Temporary Worker) category is for certain types of temporary worker whose entry to the UK will help to satisfy cultural, charitable, religious or international objectives. You will need to have an offer of a position before applying for a visa.
What are the main eligibility requirements?
Each subcategory has its own eligibility requirements:
Creative and Sporting: The Creative and Sporting subcategory of the Tier 5 (Temporary Worker) route is for individuals who have been offered work as a creative worker (including, but not limited to, actors, dancers, musicians and film crew) or sportspersons.
If you apply for a Tier 5 (Temporary Worker) visa as a creative worker, you will need to demonstrate that you can make a unique contribution to the UK labour market and that you will be paid the minimum salary as set by Equity, PACT or BECTU.
If you apply for a Tier 5 (Temporary Worker) visa as a sportsperson, you will need to be endorsed by the governing body for your sport and demonstrate that you will make a significant contribution to your sport at the highest level in the UK.
Charity Worker: You can apply for a Tier 5 (Temporary Worker) visa in the Charity Worker sub-category if you wish to undertake unpaid voluntary work for a charity. The work that you intend to undertake in the UK must directly relate to the charity which is sponsoring you and the position must not be a permanent position.
Religious Worker: If you would like to undertake religious work, for example preaching or working in a religious order, you may be able to apply for a Tier 5 (Temporary Worker) visa in the Religious Worker sub-category. Your salary and conditions will need to be at least equal to that received by settled workers in the same role. Your employer may need to conduct a ‘Resident Labour Market Test’, which in some circumstances will entail providing evidence of a national recruitment search.
Government Authorised Exchange: The Tier 5 (Temporary Worker) Government Authorised Exchange (GAE) route is for individuals who wish to come to the UK for a short time for work experience or to complete training, an Overseas Government Language Programme, research or a fellowship through an approved Government Authorised Exchange scheme.
International Agreement: You can apply for a Tier 5 (Temporary Worker) visa in the International Agreement sub-category if, while in the UK, you will be contracted to undertake work that is covered by international law (e.g. working for a foreign government or as a private servant in a diplomatic household). You will normally need to have professional experience in the relevant sector before you apply under this route.
What else do I need to know?
This category does not lead to settlement in the UK, except where you were granted entry clearance under the Immigration Rules in place before 6 April 2012 and have spent five years lawfully in the UK with leave in the international agreement sub-category and have been working as a private servant in a diplomatic household.
How we can help
Our team of business immigration barristers has experience in assisting employers and skilled workers across a variety of industries in companies of all sizes. Our barristers can help you with planning to ensure that you meet your start date and ensure that your career progression will fit your immigration goals.
We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to skilled workers as part of a professional and friendly service.
WE CAN ALSO ASSIST WITH
Obtaining a Tier 5 Sponsor Licence
Your employer may need to have a Tier 5 Sponsor Licence before applying for the visa. Our immigration barristers can guide your employer through the sponsor licensing process and work with them to ensure that this is completed in time for you to start work.
Completing a Certificate of Sponsorship
It is important to get the Certificate of Sponsorship correct. If it requires amendments then this can cause delays to your visa application. Our immigration barristers can help your employer to draft the Certificate of Sponsorship and ensure that it is compliant before it is assigned to you.
Compliance and record-keeping
The Home Office require sponsors to keep on top of a vast amount of guidance and in a busy organisation it is easy to fall behind. We can provide comprehensive advice on all aspects of the Sponsor Guidance. We also offer an Immigration Audit service, where we will audit your current processes and suggest where improvements could be made.
Remedying problems with your Sponsor
If your sponsor terminates your employment for any reason (including if the organisation closes), or is not keeping to the terms of your sponsorship, our immigration barristers can provide advice on how to regularise your stay.
Sponsor Licence downgrades, suspensions and revocations
If the Home Office suspect that your sponsor has not complied with their sponsor duties their sponsor licence may be suspended. After this it may be downgraded or revoked. Our immigration barristers can assist your sponsor in challenging the decision and explore your options for alternative routes to remain in the UK with you.
Applications for extension of stay as a Tier 5 (Temporary Worker) migrant
Your Tier 5 (Temporary Worker) visa will be valid for the length of your engagement in the UK. In most cases, this will be either one or two years. As this is a temporary work visa, most subcategories have a total maximum stay of one or two years and extensions may not be possible. However, if you are a private servant in a diplomatic household and applied for your first visa on or before 5 April 2012 you may be able to extend your visa for up to five years. If you are applying under the International Agreement sub-category as a contractual service supplier under a treaty such as the General Agreement on Trade in Services you will be limited to a stay of 6 months in every 12 month period.
Fresh applications, Administrative reviews and Judicial reviews
If your application for entry clearance, leave to remain or settlement as a Tier 5 (Temporary Worker) Migrant has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.
If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.
If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.