Tier 5 (Temporary Worker) Visa2019-10-05T13:14:11+00:00

Tier 5 (Temporary Worker) Visa

A Tier 5 (Temporary Worker) visa is for workers from outside of the EU who have been offered employment in the United Kingdom (‘UK’) by a Tier 5 licenced sponsor.

How do I qualify as a Tier 5 (Temporary Worker) worker?

To qualify for a Tier 5 (Temporary Worker) you would need to be offered a job by a licenced sponsor and also score 40 points under the following Points Based System (‘PBS’) criteria:

  1. Certificate of Sponsorship (‘CoS’) – 30 points
  2. Maintenance Requirement – 10 points

A Tier 5 (Temporary Worker) Visa has the following subcategories:

  • Creative and Sporting
  • Charity Workers
  • Religious Workers
  • Government Authorised Exchange
  • International Agreement
  • Seasonal Workers

Creating and Sporting

The Creative and Sporting category is for migrants who wish to enter the UK for short term contracts and/or engagements.

Creative Workers

For “creative workers” who are engaged in dance, theatre, film and television, the prospective sponsor must be able to show that the job cannot have been filled by a settled worker in the UK. This would have been achieved by the sponsor conducting a Resident Labour Market test.

Professional Sportsperson

In order for a CoS to be assigned to a “professional sportsperson”, the Tier 5 sponsor will need to have obtained an endorsement from the appropriate governing body for the specific sport.

The endorsement will establish that the sportsperson is internationally established at the highest level, and/or the employment in the UK will make a significant contribution to the development of the sport at the highest level in the UK. Furthermore, the post cannot be filled by a suitable settled worker in the UK.

Validity of leave for Creative and Sporting Visas

Leave to enter the UK will be granted for up to 12 months, or the time given on the CoS plus 28 days, whichever is shorter.

Creative workers and sportspersons may apply to remain in the UK for up to a maximum of 24 months if they remain with the same employer.

Switching to this route is permitted only if the creative worker or sportsperson has entered the UK under a permitted activity route and a valid CoS was assigned prior to entering the UK.

Charity Workers

This category is for those from outside of the EU who wish to conduct ‘unpaid voluntary work’ for a UK based charity.

The Tier 5 sponsor would need to establish that the unpaid voluntary work would contribute directly to the achievement or advancement of their organisation’s charitable status.

Validity of leave for charity workers  

Leave to enter the UK will be granted for up to 12 months, or the time given on the CoS plus 28 days, whichever is shorter.

Charity workers may apply to remain in the UK for up to a maximum of 12 months if the initial leave to enter is granted for less than 12 months.

Switching to this route is not permitted

Religious Workers

This category is for those coming to work temporarily in the UK as a religious worker for a genuine licenced sponsor.

Religious workers are only permitted to work at the specified location(s) where he/she is assigned to work.

Validity of leave for religious workers 

Leave to enter the UK will be granted for up to 24 months, or the time given on the CoS plus 28 days, whichever is shorter.

Religious workers may apply to remain in the UK for up to a maximum of 24 months if the initial leave to enter is granted for less than 24 months.

Switching to this route is not permitted

Government Authorised Exchange (‘GAE’)

This category is for those coming to the UK through approved government schemes to share knowledge, experience, and best practice through work placements.

Unlike other Tier 5 subcategories, employers and organisations will not be allowed to sponsor anyone under this subcategory, even if they are licenced sponsors.

The only exceptions are:

  • Sponsored researchersg. Department of Innovation and higher educational institutions can sponsor researchers;
  • UK Research and Innovationg. Science, Research and Academia; and
  • Government Departments.

Validity of leave for Government Authorised Exchange  

Leave to enter the UK will be granted for up to 12 or 24 months, or the time given on the CoS plus 28 days, whichever is shorter.

GAE’s may apply to remain in the UK for up to a maximum of 24 months if the initial leave to enter is granted for less than 24 months.

Switching to this route is only permitted to Tier 4 (General) migrants.

International Agreement  

This category is for those coming to the UK under a contract to provide a service covered under international law. These include:

  • Private servants in diplomatic households;
  • Employees of overseas governments and international organisations;
  • General Agreements on Trade and Services (‘GATS’); and
  • Agreements between the UK or EU and other countries.

Validity of leave for international agreements   

Leave to enter the UK will be granted for 24 months, or the time given on the CoS plus 14 days after the end date given on the CoS and up to 14 days before the start date, whichever is shorter.

Switching to this route is not permitted.

Seasonal Workers

This category is for those coming to the UK as seasonal workers in the edible horticulture sector thought an approved scheme operator.

However, this is currently a pilot scheme that will run between March 2019 and December 2020.

Maintenance

In order to meet the financial requirement, you must show that you have £945 of personal savings held in a bank account for at least a consecutive 90-day period ending no earlier than 31 days before the date of the application.

You can also satisfy the maintenance requirement if your A-Rated Tier 5 sponsor provides a written undertaking that they will maintain and accommodate you for a month. This can be clarified by endorsing the financial support in the CoS, or by providing a certified letter confirming the financial support.

When to apply

The earliest you can apply for a Tier 5 (Temporary Worker) visa is 3 months from your date of travel. You must also apply no more than 3 months before the start date on your CoS.

Family members of Tier 5 (Temporary) Workers

The Tier 5 (Temporary Worker) visa allows dependent family members to join you in the UK or remain with you if you’re already in the UK.