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TIER 5 (TEMPORARY WORK) VISAS
Do you want to come to the UK to work for 12 months or less? Whatever your vocation, we can help you assess whether a A Tier 5 (Temporary Worker) Visa is the right route for you. Our specialist immigration team are on hand to help you realise your immigration goals and acquire a Tier 5 Visa.
An Overview of The Tier 5 Work Visa:
This visa is available for persons wishing to come to the UK and work fo a short period of time (usually 12 months or less). You can apply for this visa for such work as a charity worker, diplomat, sportsperson or artist etc.
To be eligible for the Tier 5 (Temporary Worker) Visa , applicants will also be required to score 40 points under the Points Based System (30 points from your Certificate of Sponsorship and a subsequent 10 points for satisfying the maintenance requirement).
Applicants must in general, have a UK job offer from licensed Tier 5 Sponsor, and be in possession of the relevant Certificate of Sponsorship (CoS). There are however, exceptions to this requirement (most notably the Tier 5 (Youth Mobility) scheme. This is not strictly an employment route and therefore a select number of countries whose nationals can apply through this scheme, may do so without a UK job offer.
There are 5 subcategories within the Tier 5 Temporary Worker Visa type.
• Tier 5 (Temporary Worker) Charity Work Visa
• Tier 5 (Temporary Worker) Creative & Sporting Work Visa
• Tier 5 (Temporary Worker) Religious Worker Visa
• Tier 5 (Temporary Worker) Government Authorised Exchange Work Visa
• Tier 5 (Temporary Worker) International Agreement Work Visa
Which visa you apply for will depend on your individual circumstances and the role you are intending to undertake in the UK.
How We Can help:
• We can assist with any entry clearance, leave to enter and leave to remain application in line with your eligibility under this visa type.
• We can advise on the procedure for making a Tier 5 (Temporary Worker) visa application, helping you ascertain whether the role you are applying for will be eligible within the Tier 5 visa categories.
• We can check and assist you in completing your application and ensuring that you meet the requisite criteria, depending on which Tier 5 Visa category you are applying for, undertaking an extensive document check, including assessing documentation in line with the Genuine Tier 5 Migrant Test.
• We can arrange and organise your Certificate of Sponsorship, liaising with your UK sponsor.
• We can provide a letter Representation to support your application.
• We can perform an extensive document check, ensuring your documentation is sufficient.
• We can assist you in making an extension application to extend your initial leave.
• We can assist you if you need to make a ‘change in your employment’ application, for example, if you hold a Tier 5 Certificate of Sponsorship but wish to vary your leave in the United Kingdom because you want to change your employment, either within the same organisation or with a new organisation.
TIER 5 CHARITY WORKER VISA
WHO IS THIS VISA FOR?
This visa is for non EEA and non-Switzerland applicants who have an unpaid or voluntary job offer and certificate of Sponsorship from a UK charity with a valid Tier 5 Sponsorship Visa .
Your will need to demonstrate that your role directly contributes to the achievement of your Sponsor’s charitable purpose in the UK. You must also fulfil the maintenance requirement.
LEAVE OF STAY:
Your leave to remain in the UK will be a maximum of 12 months or the time given on your certificate of sponsorship plus 28 days, (whichever is shorter).
Applicants can apply to stay up to a maximum of 12 months.
WHAT YOU ARE PERMITTED TO DO:
You are permitted to study.
You may do a supplementary/ second job if the position is in the same sector and at the same level as your main job or is on the Tier 2 Shortage Occupation List, for up to 20 hours per week.
You are permitted to bring family members with you .
SWITCHING:
Switching into this category is not permitted.
TIER 5 CREATIVE & SPORTING VISA
WHO IS THIS VISA FOR?
This visa is for non EEA and non-Swiss nationals who are highly skilled in the creative and sporting industries and who are entering the UK for short-term contracts or engagements.
Applicant’s work will either make a significant contribution to their sport at the highest level in the UK or will make a unique contribution to the UK labour market, if the applicant is a creative.
Under this category, applicants must have a valid Certificate of Sponsorship from a UK employer, with a valid Tier 5 sponsorship licence. You must also fulfil the maintenance requirement.
Further, in order for a certificate of Sponsorship to be assigned to a sportsperson under this category, your sponsor will also need to have an endorsement for you from the governing sporting body.
LEAVE OF STAY:
Your leave to stay in the UK will be up to 12 months, or the time given on your Certificate of Sponsorship plus 28 days, (whichever is shorter), although you may apply to extend your leave to remain in the UK for up to a maximum of 24 months if you stay with the same sponsor.
WHAT YOU ARE PERMITTED TO DO:
You are permitted to study.
You may also undertake a second job if the job is in the same sector and at the same level as your main job ( for which your CoS is assigned) or is a job on the Shortage Occupation List. You may work in this second job for up to 20 hours per week outside the hours of your main job.
You may work as a sportsperson for your national team while it is playing in a British University and College Sport (BUCS) competition.
You may also work as a sports broadcaster.
You are permitted to bring dependent family members with you to the UK.
SWITCHING:
You may switch into this visa category if you are already in the UK as a Sports or entertainer visitor, or a visitor undertaking permitted activities and your sponsor has assigned a Certificate of Sponsorship to you, before you came to the UK.
TIER 5 RELIGIOUS WORKER VISA
WHO IS THIS VISA FOR?
This visa category is non EEA and non Swiss nationals coming to the UK to work temporarily as religious workers. Religious work can include preaching, work in a monastery or convent by a religious order in the UK.
To be eligible for this visa, you must be assigned a valid Certificate of Sponsorship by a bona fide religious organisation, who will act as your sponsor. You must also fulfil the maintenance requirement.
LEAVE OF STAY:
You can come to the United Kingdom for up to 24 months, or the time given on your Certificate of Sponsorship plus 28 days, (whichever is shorter).
If you are granted less than 24 months leave to remain in the first instance, you may apply to extend your stay in the UK up to the maximum of 24 months
WHAT YOU ARE PERMITTED TO DO:
You are permitted to study
You can do a second job in the same sector at the same level as your main job for up to 20 hours per week outside the hours of your main job.
You may also have as a second job, a job on the Tier 2 Shortage Occupation List and are permitted to work up to 20 hours per week outside the hours of your main job
You can bring dependent family members with you to the UK.
SWITCHING:
You cannot switch into this subcategory.
TIER 5 AUTHORISED EXCHANGE WORK VISA
WHO IS THIS VISA FOR?
This visa is for non-EEA nationals and non-Swiss nationals coming to the UK for a short period of time to do various work experiences, training or research through an approved government exchange scheme, with the purpose of sharing knowledge and best practices. Individual organisations are not permitted to sponsor individuals under this sub-category whether or not they hold a valid Tier 5 Sponsorship licence. It is the overarching body (whether that be an organisation running an approved exchange scheme or a government department) that manages the scheme who will act as the sponsor in terms of assigning a Certificate of Sponsorship to those who meet the requirements of the scheme.
To be eligible for this visa category, you must have a valid certificate of sponsorship from a UK sponsor, (an organisation running an approved exchange scheme, a higher education institution etc (if you are a sponsored researcher, visiting academic or examiner), or a government department or agency).
Your training and research must also relate to your sponsor organisation, and you must fulfil the maintenance requirement.
LEAVE OF STAY:
This visa will allow you to stay in the UK for up to 12 or 24 months, depending on the scheme you’re applying for, or the time given on your certificate of sponsorship plus 28 days,(whichever period is shorter).
It may be possible to extend your leave to 24 months, depending on the terms of the scheme you are applying for, if you are granted less than 24 months leave to remain in the first instance.
WHAT YOU ARE PERMITTED TO DO:
You can study
You are also permitted to do a second job for up to 20 hours per week
You can also do a job on the Tier 2 Shortage Occupation List, for for up to 20 hours per week as well as your main job.
You are permitted to bring dependent family members with you.
SWITCHING:
You can apply to switch to a Tier 5 (Temporary Worker - Government Authorised Exchange) visa if you have a certificate of sponsorship and have completed a UK bachelor’s or master’s degree during your last grant of leave and you’re a:
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student, whether studying, resitting an examination or writing a thesis
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student union sabbatical officer
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student nurse
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postgraduate doctor or dentist
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Tier 4 (General) visa
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sponsored researcher who came to the UK on a work permit and you want to continue in the same job with your sponsor.
TIER 5 INTERNATIONAL AGREEMENT WORK VISA
WHO IS THIS VISA FOR?
This visa is for non-EEA and non-Swiss nationals coming to the UK for a short period, under a contract to do work covered by International law.
Such work includes:
Private servants in diplomatic households;
Employees of overseas governments and international organisations;
The General Agreement on Trade in Services (GATS); and
Agreements between the United Kingdom or European Union and
another country or other countries
To be eligible for this visa, you must have a valid Tier 5 Certificate of Sponsorship from a licensed Tier 5 Sponsor organisation or employer before you can apply to come to the UK.
Your work must also relate to the work of your sponsor organisation.
Yo will also be required to satisfy the maintenance requirement.
LEAVE OF STAY:
This visa will in general, allow you to stay for a maximum period of 24 months, or the time given on the Certificate of Sponsorship plus 14 days after the end date given on the Certificate of Sponsorship and up to 14 days before the start date, whichever is the shorter.
Exceptions do exist for private servants in diplomatic households and employees of Overseas Governments and international organisations who may be able to extend their leave. Different permissions of stay also apply for applicants providing a service under contract as set out in the GATS and other similar trade agreements (such as the European Union (EU) - CARIFORUM economic partnership agreement etc). In these circumstances, applicants can only stay for 6 months in any 12 month period, or the time given on their certificate of sponsorship plus 14 days, whichever is shorter.
WHAT YOU ARE PERMITTED TO DO:
You can study as long as it does not interfere with the job you’re sponsored for.
You are permitted to do a second job on the Tier 2 Shortage Occupation List, or a second job in the same sector as your main job for up to 20 hours per week (unless you are a private servant, a contractual service supplier or an independent professional).
You may travel abroad and return to the UK
You can bring dependent family members with you to the UK.
SWITCHING:
You can apply to switch into a Tier 5 (Temporary Worker - International Agreement) visa while you are in the UK if you want to continue working for your current employer and you have a work permit and work for an overseas government or international organisation.
All other switching into Tier 5 (Temporary Worker), or between subcategories of Tier 5 (Temporary Worker), is not permitted.