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Tier 5 - Temporary Workers

Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and the Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:


Tier 5 (Youth Mobility)

A. About the scheme Applicants will only be able to apply for the Tier 5 (Youth Mobility) scheme once in a lifetime. Nationals who have previously spent time in the UK as a working holidaymaker will not be eligible for this scheme.

It should be noted that each country listed in Tier 5 (Youth Mobility) will have an annual allocation of places under this scheme. If a country exceeds its allocation ‘quota’, no further applications will be accepted from anymore of their nationals.

B. Requirements

Applicants intending to apply under this scheme will need to satisfy the following criteria:

  1. Be aged between 18-30
  2. Have no dependants
  3. Be sponsored by their national government if from a participating country
  4. Demonstrate the availability of at least £1,600 in funds
  5. Be required to obtain entry clearance


It is important to note that individuals will not be eligible for the YMS if they have children under 18 years of age who are living with them or for whom they financially support/maintain.

Applicants will need to score a total of 50 points for the above criteria which is detailed in the next section.

C. Points Assessment

Applicants will need to satisfy a points test and maintenance requirement under this scheme. A total score of 50 points is required in order for applicants to successfully submit an application for the Tier 5 (Youth Mobility) scheme.

Points are awarded under the following heads:

(i.) National of a country participating in the Youth Mobility Scheme – 30 points
To score points under this section, applicants will need to be a citizen of Australia, Canada, Japan, New Zealand; or a British Overseas Citizen, British Overseas Territories Citizen or a British National (Overseas)

(ii) Age – 10 points
To score points under this section, applicants will need to be between 18 years of age and 30 years of age

(iii) Maintenance (Funds) – 10 points
To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves in the UK. The requirement is to show £1,600 in their own personal bank account.

D. Visa Validity and Extension

Applicants successful under the Tier 5 (YMS) will be granted Entry Clearance valid for 2 years

YMS migrants are therefore able to stay in the UK for the full period of the 2 years.

Please note that applicants on the YMS are not entitled to extend their stay on this visa OR switch into any other provision under the points based system or switch visa status.

E. Applying for Entry Clearance

Applicants are able to apply for Entry Clearance under the YMS from the following places:

    * applicant’s home country; or
    * the country where the applicants is residing provided the entry clearance post is authorised to accept YMS applications and the applicant has been residing in the country for more than 6 months

Please note that applicants for the YMS can only apply from outside of the UK. Applications from within the UK will not be accepted.

F. What work is allowed under the YMS?

YMS migrants have the freedom to access the job market during their stay in the UK, except employment as a professional sportsperson or a doctor in training. Migrants are also permitted some self employed activities however these are subject to conditions.

It is advised to seek advice on what types of employment/self –employment are permitted as any work or business activity which does not fall in line with the terms of the YMS will breach conditions of leave under this scheme.

YMS migrants are also entitled to study in the UK if this is privately funded and/or engage in voluntary work and au pair placements in the UK.

-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) – Creative and Sporting

This category accommodates those who wish to work or perform as sports people, entertainers or creative artists for a maximum period of 12 months. The employment is for short engagements or contracts and is suitable for sports players, coaches, dance artists, artists in music, theatre, film or television.

A. Requirements

(i) Sportspeople
Applicants applying as ‘Sportspeople’ will need to be internationally established at the highest level in their industry. Their employment in the UK should also intend to make a ‘significant’ contribution to the development and operation of that particular sport in the UK.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship with an endorsement for the applicant from the relevant sports governing body. This endorsement will need to confirm the above criteria and will further need to confirm that the post could not be filled by a suitable resident worker in the UK/EU.

(ii) Creative Worker
Applicants applying as a ‘Creative Worker’ and those included in the entourage involved in dance, theatre, film or television will need to demonstrate that they are attending specific engagements in the UK and do not wish to base themselves in business in the UK.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions and that the applicant will comply with the conditions of their visa and leave the UK upon expiry of the visa.

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.

‘Creative Workers’ are the only exception to this condition as they are able to apply for an extension for a maximum of 12 months at a time, amounting to a total period of 24 months, provided they remain with the same sponsor.

Applicants can only up 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.

D. Group sponsorship certificates

Applicants are able to include their entourage when entering the UK using a ‘group’ certificate of sponsorship. The entourage can include people whose work is relates to the employment of an entertainer, cultural artist, sportsperson or a dramatic production. Persons included in the entourage should be able to demonstrate their technical and/or specialist skills.

E. Multiple engagements

Applicants who are required to perform/participate in several engagements or performances may need to request their employer to issue a certificate of sponsorship to cover the whole period. The maximum days between each engagement should be no more than a maximum of 14 days.

However if each engagement is sponsored by individual employers, venues or promoters, each of those sponsors are able to issue a certificate of sponsorship for the purpose of covering its own show. The dates on each certificate must not overlap and again there must not be more than 14 days gap between each engagement.

F. Switching

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).

G. Applying for Entry Clearance

Applicants are able to apply for Entry Clearance under the Tier 5 (Temporary Worker) from the following places:

  • applicant’s home country;

OR

  • any other country where the applicant is currently in a similar role as a sportsperson or creative artist


H. 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.

I. 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.

J. 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.

K. 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.

 

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) – Charity Workers

This scheme provides individuals with the opportunity to come to the UK temporarily and take up unpaid voluntary work in relation to the objectives of their sponsor. All activities undertaken in the UK must be temporary, voluntary and constitute no remuneration.

A. Requirements

The applicant should intend to undertake fieldwork directly in relation to the aims of the sponsor organisation/charity and intend to only work on a temporary basis. No permanent position can be accepted and the applicant will be required to comply with the conditions of their visa and leave the UK upon expiry of the visa.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.

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].

D. Switching

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.

 

Tier 5 (Temporary Workers) – Religious Workers

This scheme provides individuals with the opportunity to come to the UK temporarily to work as religious workers in a non-pastoral role or visiting religious workers who are employed abroad in the same capacity. Activities under this scheme may include preaching, performing religious rites, reading to congregations of faith, some pastoral work and non-pastoral duties.

A. Requirements

The applicant should be qualified in their role or for job they wish to undertake in the UK. The applicant must intend to take employment for the sponsor only as a visiting religious worker or a religious worker in a non-pastoral role and will be required to work only at a specified location. They will also be expected to comply with all conditions on their visa and will leave the UK upon expiry of their visa.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions and additionally provide an undertaking that they will accept the responsibilities of sponsorship for the applicant, support the applicant through funds and/or accommodation (where applicable), declare that the applicant will not be denying employment in this role for a qualified member of the UK/EEA labour force

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].

D. Switching

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.

 

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.

A. Requirements

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].

D. Switching

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.

 

Tier 5 (Temporary Workers) – International Agreement

This scheme is for individuals who are coming to the UK to provide a service in the UK on a contractual agreement which is covered under International Law. This includes the General Agreement on Trade in Services (GATS) or other international agreements, employees of overseas governments and international organisations as well as private servants in diplomatic households.

A. Requirements

(i) General Agreement on Trade in Services (GATS)
The applicant will be required to work for a sponsor of a country that is a member of the World Trade Organisation (WHO) and have signed up to the agreement; or has a bilateral agreement with the UK or the EU; or is a member of the European Union. The applicant will need to be engaged in employment which satisfies the terms and conditions of the specified international agreement and finally, (where relevant) works for the employer that was awarded the contract or will provide services to the UK client.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.

(ii) Employees of Overseas Governments and International Organisations
The applicant will be required to be under a contract of employment with the overseas government or international organisation. The applicant cannot be employed in any other employment for its sponsor other than that specified in the certificate of sponsorship and should not intend to change to a different category of worker within the international agreements scheme subsequent to entering the UK.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.

(iii) Private Servants in Diplomatic Households
[Applicants should that this category is not the same category as ‘private servants in domestic households’. This category will currently remain outside the new points based system].

The applicant is required to be 18 years of age or above with the intention to work full time as a domestic worker. They will need to be employed and serve as a private servant in the household of a staff member of a diplomatic/consular post; or an official employed by an international organisation. The applicant can only work for their sponsor in this capacity.

The applicant will be required to comply with the conditions in their visa and intend to leave the UK upon expiry of the visa.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.

All applicants will need to score a total of 40 points for all 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].

D. Switching

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.