Tier 5 Temporary Workers – government author...
Tier 5 Temporary Workers – government authorised exchange
Tier 5 (Temporary Workers)
The Tier 5 (Temporary Workers) scheme provides individuals the opportunity to come to the UK with a job offer for a specific purpose or temporary/short term employment. The scheme consists of five subcategories to clarify the range of employment for different industries.
All applicants will be required to have both a sponsor and a valid ‘certificate of sponsorship’ before applying for leave to be employed under this scheme. This certificate of sponsorship is designed to act as a declaration that the applicant is able to take on a particular job and has the full intention to do this.
All applicants applying under this scheme will require prior entry clearance, save for the non-visa nationals intending to come to the UK for a period of 3 months or less in the “creative and Sporting” subcategory.
Each Tier 5 (Temporary Worker) subcategory is explained as an individual category.
Tier 5 (Temporary Workers) – Government Authorised Exchange
This scheme provides individuals with the opportunity to come to the UK temporarily through approved schemes. These individual schemes are designed to share knowledge, experience and work practice through placements in the UK. This category is not to be used to fill job vacancies or provide a route for unskilled labour force to come to the UK.
The applicant will be required to enter the UK solely to work or train temporarily in the UK through an approved exchange scheme. The applicant cannot establish a business in the UK and will be expected to meet the requirements of the individual exchange scheme they are attached to. All work undertaken by the applicant under this scheme must be skilled work which is deemed to be the equivalent of N/SVQ Level 3 or higher.
There will a main body to manage this scheme and act as sponsor for applicants. Individual employers and organisations are not permitted to sponsor applicants even if they are licensed as sponsors under the points based system.
The main body (sponsor) will be required to have the support of a UK government department and will be issuing the certificates of sponsorship to applicants meeting the requirements under this scheme.
All applicants will need to score a total of 40 points for the above criteria which is detailed in the next section.
B. Points Assessment
Applicants will need to satisfy a points test and maintenance requirement under this scheme. A total score of 40 points is required in order for applicants to successfully submit an application for the Tier 5 (Temporary Workers) scheme.
Points are awarded under the following heads:
(i.) Certificate of Sponsorship – 30 points
To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.
(ii) Maintenance (Funds) – 10 points
To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves for the duration of their stay in the UK.
The requirement is to demonstrate either/or the following:
- At least £800 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application (plus £533 for each dependant); OR
- The sponsor guaranteeing the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependants).
C. Visa Validity and Extension
Applicants successful under the Tier 5 (Temporary Workers) will be granted Entry Clearance valid for a maximum period of 12 months; or a shorter period if this is specified in the certificate of sponsorship.
Applicants can only apply for an extension of their visa up to the maximum period of 12 months or if shorter, the time specified in the certificate of sponsorship plus 14 days,
[Creative and Sporting applicants, who have not applied for entry clearance as non-visa nationals and have entered the UK for a period of less than 3 months, cannot apply to extend their leave in the UK].
Only a sports or entertainer visitor is entitled to apply to switch into the Tier 5 (Temporary worker) Creative and Sporting subcategory, provided they have a valid certificate of sponsorship issued to them before entering the UK.
No applicants from other Tiers of the points based system are entitled to switch into the Tier 5 (Temporary Worker). In the same way, applicants from Tier 5 (Temporary Worker) cannot switch into other Tiers. The Tier 5 (Temporary Worker) route does not lead to settlement in the UK or offer applicants the opportunity to switch into any other work or study category.
No switching is permitted between the subcategories of Tier 5 (Temporary Worker).
E. Applying for Entry Clearance
Applicants are required to obtain prior for Entry Clearance under the Tier 5 (Temporary Worker) before entering the UK under this scheme. Applicants can apply for Entry Clearance from their home country or legal country of residence.
F. What other work is allowed under Tier 5 (Temporary Worker) Creative and Sporting
Applicants under this category are able to work on short term contracts; or participate in/ perform at specific engagements relevant to their role and specified in their certificate of sponsorship.
In addition, applicants under this category are able to undertake supplementary employment providing the work is in the same sector, and for no more than 20 hours per week. The work must be at the same level as declared on the certificate of sponsorship and must be outside of normal working hours. The applicant is obliged to continue to work for their original sponsor.
The applicant is not permitted to work in any other employment which fails to satisfy the above criteria.
G. Change of Employment
Applicants who have previously obtained permission to enter or remain in the UK may be able to apply for a “change of employment”. This is on the basis that that the applicant intends to vary their leave in the UK because they have changed employment either within the same organisation or with a new organisation.
The employment will need to be with a licensed sponsor and the applicant is required to obtain a new certificate of sponsorship and again satisfy the all important maintenance requirement.
It is advised to seek professional legal advice if you wish to change your employment whilst in the UK.
H. Transitional Arrangements for those who have already applied under the schemes to be replaced by Tier 5
Applicants who are already in the UK or who have already obtained a valid entry clearance for the immigration schemes due to be abolished will be able to enter and re-enter the UK as per the conditions on their visa.
Applicants who have been granted entry clearance but their current leave to remain is for six months or more will be able to leave and re-enter the UK during their period of leave.
Applicants who have not been granted entry clearance and their current leave is for six months or less, are not entitled to re-enter the UK under any of the abolished categories – unless they are currently a work permit holder; or they have been granted entry clearance for their current leave.
Applicants who have a multiple entry work permit are not entitled to apply under these transitional arrangements. They are required to return to their legal country of residence and make a fresh application.
Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected.
There are no transitional arrangements for the following categories, as no extensions are allowed under these schemes and they do not lead to settlement in the UK:
- the working holidaymaker scheme;
- the Japan: Youth Exchange scheme;
- gap year entrants working in United Kingdom schools concession.
I. Dependants of Tier 5 (Temporary Workers)
Dependant of those applying to enter as Tier 5 (Temporary Workers) migrants will be able to accompany the main applicant to the UK as long as there is evidence of at least £533 in available funds to maintain each dependant.
J. Administrative Review (Entry Clearance applications)
Applicants who have their applications refused under the points based system are entitled to have the decision reviewed free of charge.
Individuals who wish to exercise their right for an Administrative Review will have to make this request within 28 days of the date of receipt of the refusal notice. The applicant is not entitled to send any additional documents or fresh evidence with the review request. Finally, applicants will only be entitled to request ONE review request per refusal decision.
K. Right of Appeal
Applicants who apply under this scheme will only have a limited right of appeal. We therefore advise that applicants seek legal advice on the procedure for appealing.
L. What services we can offer?
- We can advise on the procedure of making a Tier 5 (Temporary Workers) application in line with the sponsorship certificate
- We can assess the job and the applicant’s details and advise on the likelihood of getting the applicant sponsored under Tier5
- We can advise the applicant on making their leave to remain / entry clearance applications in line with the sponsorship certificate
- We can advise the applicant on the procedure involved for including family on dependant visas
- We can advise the applicants on the evidence required for the entry clearance application
- We can make a request for an administrative review should the application be unsuccessful
Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of the sponsored persons.