Tier 5 Visa UK

The Tier 5 UK Immigration visa category is a route designed to cater for specified temporary work(ers). There are a number of routes under the Tier 5 broad category:

1. Charity workers
2. Creative and sporting
3. Religious workers
4. Government Authorised Exchange
5. Youth mobility
6. International Agreement

Tier 5 Charity Workers

Individuals whose purpose of entering the United Kingdom is to take up voluntary (unpaid) work for charity purposes are to make an application for the Tier 5 Charity Workers visa category. This charity work must be connected directly to the Sponsor organisation's work. In order for the individual's application to be considered, he/she is required to have:

• A sponsor; and
• A Certificate of Sponsorship that is authentic

On application, the individual will be awarded points on the basis of availability of maintenance fund and his/her sponsorship. It is important that the work on the basis of which the migrant is coming to the UK must be directly related to the work of his/her sponsor's company. It is important to note that applicants looking to come into the UK as a charity work must only engage in voluntary activities. There must also be an established intention to undertake fieldwork which is related to the aims and objective of the organisation that is sponsoring the migrant. For the purpose of assigning the Certificate of Sponsorship (CoS), there is a need for the sponsor to guarantee the following: -

• That the migrant intends to carry out voluntary fieldwork which is related to the objective(s) of the charity
• That the migrant will not be paid for their work (this does not include such expenses that have been specified in section 44 of the National minimum Wage Act;
• That the migrant will be taking up a permanent role; and
• That the migrant will be in compliance with the conditions leave, especially at its expiration.

Leave under this category is usually granted for a period of 12 months or the time specified in the CoS plus fourteen days after the end date on the CoS as well as fourteen days prior to the date specified on the CoS; or whichever is shorter. Interested applicants who currently reside outside the UK may be able to apply for entry clearance.

Tier 5 Charity Workers Visa Extension

If your current leave to remain in the United Kingdom is as a Tier 5 Charity Worker, you may be able to apply to extend your leave if you are in the UK. You will normally be able to extend it up to a year (twelve months). Please note that migrants can only stay for up to 2 years on the Tier 5 Charity Worker immigration category. As such, extension can only be possible if they have been in the UK for a year. You can only extend your visa if your entry clearance or leave to enter as a Tier 5 charity worker was granted for less than 12 months and you are seeking extension to stay further to a maximum of 12 months. You are expected to apply before the expiry date of your current visa.

Eligibility Criteria

Since you have been in the UK on this visa route, you must continue to meet the eligibility rules on which the initial visa was granted to give you an extension. You are required also to be in the UK at the period of your application to extend your visa.

Length Of Stay

Your application on the Tier 5 charity workers visa extension allows you room to stay in the UK for up to of 12 months at most or the time on your certificate of sponsorship with 14 days extra.

How Much Time Is Required?

If you apply before your last visa expires, a decision should be given within 8 weeks for online and postal applications but on the same day on clear grounds if you apply through our same day premium service route. Whilst you await decision on your application, you will be able to remain in the UK. You will be contacted if your application encounters some complications which requires verification. You will also be required to attend an interview to prove that the information on your supporting documents are true as well as to explain any previous personal circumstances you may have encountered such as a criminal conviction.

How We Can Help

For more information and advice on the Tier 5 charity workers visa extension, contact us and get the best response from our immigration lawyers.

Dependants Of Tier 5 Charity Worker Migrants

A dependant is an immediate family member of the main applicant. The immigration rules have specified that the dependant must be over the age of 18 except child dependants. Child dependants should be under the age of 18 years of age. New rules which have been introduced have now made it possible for in-country switching into a Tier 5 Charity worker dependant visa. Under the old rules prior to 01-10-2013, it was not possible to switch into this category, applicants would have need to leave to country to apply for entry clearance under that route. Also note that persons on visit visas, temporary admission, termporary release will not be admitted into this route. We strongly advice that persons looking to extend their leave under this category are not in breach of immigration rules. Also in order to remain eligible for extension under this route, you must continue to meet the conditions of your initial granted leave.

Maintenance Funds

Meeting the maintenance requirement is a key aspect of the Point based system. Applicants must show that they are able to support themselves whilst in the country without having to need help from the UK government. Applicants must now show that they have kept the required sum in their account for a continuous period of 90 days prior to the date of application. For dependants, applicants will need to show an additional GBP600 per dependant. Please contact us to find out exactly how much you need to show where you are applying with dependants. This is because out of experience we have observed that the calculations and permutations can be quite tricky for newbies.

Refusal Of A Tier 2 Charity Worker Visa

If your Tier 2 charity worker visa application have been rejected, you may be allowed to appeal rights. If you have been given rights to appeal, we can assist you with preparing and lodging your appeal to the first tier tribunal. However in the even that you have been given no rights of appeal, it is still possible to challenge the decision by way of a Judicial Review in the Upper Tribunal.

Tier 5 Creative & Sporting

The Tier 5 Creative and Sporting worker visa route is designed for people looking to come into the United Kingdom for the purpose of working or performing as sportspersons, entertainers or creative artistes for a period of twelve months. It is very important that sportspersons who are applying under this immigration route are internationally recognized and perform at the highest level in their sports and/or they must be making significant contribution to the growth, development and management of sports at the highest level in the United Kingdom. Coaches applying under this category are required to possess the appropriate qualifications for the job. Importantly, applicants looking to come into the UK under this visa category must have both a sponsor as well as a valid Certificate of Sponsorship.

Prior to assigning your CoS, the governing body for your sport must have given an endorsement specifying that you have met their standards and requirements. It is important that the governing body must be recognised by the government. In order to be eligible to make an application under this category, you must be established at the highest level and internationally on you field and are making real contribution to the development of your field at the highest level in the United Kingdom. Coaches looking to apply under this category must ensure that they are duly qualified to be coaches in their field and at the required level. The following must be taken not account while making an application under this category: -

1. You must have a sponsor in the UK
2. you must have received a valid COS.
3. You must have been offered a job to work as a sportsperson or creative worker in the UK.
4. Your nationality is from outside the European Economic Area (EEA) and Switzerland
5. You should be able to prove that you can contribute exceptionally to the UK labour market, for example you're globally renowned for a skill of the art or science.
6. You can provide your certificate of sponsorship reference number
7. You will be paid the minimum salary as set by Equity, PACT or BECTU (excluding for models, musicians or circuses)
8. You have £945 in savings which has been in your account for at least 90 days before you apply. This is proof that you can care yourself during your stay in the UK.

Prior to assigning your CoS, the governing body for your sport must have given an endorsement specifying that you have met their standards and requirements. It is important that the governing body must be recognised by the government. If you are from the Republic of Ireland and are not an EEA national or from Switzerland, you will be required to apply for the visa if you intend to travel to the UK on this category.

Sponsorship

If you are looking to live and work in the UK as a non-EEA national, you will be required to provide a certificate of sponsorship from a licensed sponsor who has been employed or runs a company in the UK before you can apply to come to the UK to work. Your job must be related the work of your sponsor's organisation.

How Long Do I Have To Wait For A Decision On My Visa?

The processing times to get a decision on your visa varies from country to country but ideally, your visa should be decided on within 3 weeks of your application. You should also apply for the visa 3 months before your due date to start work which is the earliest allotted time. Your application date is on your certificate of sponsorship.

How Can We Be Of Help?

Reiss Edwards has a team of immigration solicitors that can take you through your application process as well as offer ample information and advice through your process. If you have more enquiry regarding the Tier 5 creative & sporting work visa in the UK, get in touch.

Switching Into Tier 5 Creative & Sporting

You will be able to switch into the Tier 5 Creative and Sporting visa category if you currently in the UK as a sportsperson or entertainer visitor. Your employer must have assigned a valid Certificate of Sponsorship to you prior to your entry to the UK.

Tier 5 Creative & Sporting Extension

You will be able switch into the Tier 5 Creative and sporting extension visa route if your currently hold a valid leave to remain under the same category. It is important that you continue to fulfil the conditions of your initial granted leave to remain.

Dependants Of Tier 5 Creative And Sporting Migrants

Most people have defined dependants as relatives or persons who depend on the main applicant financially. However the Home Office does not see dependants in that light. The UKBA have been specific in its definition of who a dependant is. It refers to the immediate family member (spouse and children) of the main applicant in a UK immigration application. Tier 5 Creative and sporting migrants are allowed to bring their depedants to join them in the UK. If the application is successful, the length of leave granted to the dependant will normally be in line with that of the main applicant.

Entry Clearance As PBS Dependant Of A Tier 5 Creative And Sporting Migrant

It is important to note that in order to be granted entry into the country, both parties in the application (main applicant and dependant) must be over the age of 18 as at the date of entry into the UK. This does not include child dependants who must be under the age of 18 before they can be considered as dependants under this route. It is important that persons seeking entry clearance are not in the UK as a visitor neither should they be on temporary release or temporary admission in the United Kingdom.

Extension Of Stay As PBS Dependant Of Tier 5 Creative And Sporting Migrant

Holders of an initial entry clearance as a PBS Dependants of Tier 5 Creative and Sporting migrants may be able to extend their leave under the same category at the expiration of their current leave if they continue to meet their terms of the leave and do not breach other immigration rules and most importantly in line with the main sponsor. Child dependants who may have now become over 18 will still qualify to apply as child dependants provided that they have become over 18 whilst in the UK under the route.

Tier 5 Religious Worker

As religious work falls within the definitions of charity work in the UK, the Immigration Rules for regions workers fall under the rules for Tier 5 temporary / charity workers. This visa category is designed for individuals looking to migrate to the UK for the purpose of undertaking voluntary work for a charity. It is important to stress that the work must be for the sponsor's organisation. It should also be noted that individuals under this visa category must only be engaged in voluntary activities not receiving any payment for their work (charity - as the name implies). In order to successfully assign the certificate of sponsorship, the sponsor must guarantee:-

1. That the main applicant has an intention to carry out voluntary field work in line with the charity business objectives and/or normal business activities.
2. That the main applicant will not be remunerated for their work (except such reasonable expenses as outlined in section forty four of the National Minimum wage act.
3. Will will not take up a permanent position; and will comply with the conditions of your permission to stay and leave the United Kingdom when it expires.

Visa is granted for a maximum period of 12 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. If you are outside the UK, you may have to apply for entry clearance (visa) to the British Embassy/High Commission/Consulate before you can come to the UK under Tier 5 (Temporary Worker - Charity Workers) category.

Tier 5 Religious Workers Visa Extension

If your current leave to remain is as a tier 5 religious worker, you may be able to apply for an extension if you have been in the United Kingdom for less than 24 months and within your qualifying period of making a new application.

Tier 5 Government Authorised Exchange

The Tier 5 Government Authorised Exchange is designed for individuals who are looking come into the UK on approved schemes, the aim of which, is normally to share knowledge and best practices. It may also be for experience and cultural exploration in the UK. It is not designed or intended to fill employment vacancies or to hire unskilled labour to the United Kingdom. The sponsor in this category is normally an overarching institution that manages the country's exchange scheme. It is very important that the overacting body has the support of the UK government. It is also important to note that private employers are not allowed to sponsor migrants in this immigration category notwithstanding their sponsor license.

Exceptions

Exceptions to private sponsorship include :-

• If the applicant is coming to the UK as a sponsored researcher. In this case, you can either be sponsored by a higher educational institutions or a government body.
• Every job or employment under this category must be ok or above NVQ or SVQ level 3. The exception to this is where he applicant is taking part in a scheme set designed as part of the EU's lifelong learning programme.

The length of stay under this visa is usually 1 or 2 years. This largely depends on your current scheme as well as the duration of your employment as stated on your COS.

Switching Into Tier 5 Government Authorised Exchange

Work permit holders are permitted to switch into the Tier 5 Government Authorised Exchange as long as their last grant of leave was as a sponsored researcher and have been had their COS granted to carry on in that employment. Tier 4 General student visa holders including students re-sitting exams, student union sabbatical officers, student union sabbatical officers, persons writing up a thesis, Post grad doctors and dentists are able to switch into this sub category if:-

1. They have lawfully obtained their academic qualification
2. They have lawfully undergone at least 12. Months research as a PhD student and are undertaking training and/or professional experience which is related to their academic field of study or their research.
3. Can demonstrate an intention to pursue an overseas career after completing their research, training or work experience.
4. have lawfully:obtained a UK bachelors, masters degree, PGCE, PGDE; or completed at least 12 months study in the UK towards a UK PhD
5. and - are undertaking a period of postgraduate professional training or work experience which is directly relevant to their qualification described above; and intend to pursue a career overseas at the end of the period of work experience or training.

Tier 5 Government Authorised Exchange Visa Extension

Tier 5 Government Authorised Exchange Visa Extension If your current leave to remain in the UK is under the Tier 5 Government Authorised Exchange, you can apply to extend your leave to remain in the acme category during your qualifying period. You may be allowed to extend your visa for 12 or 24 months depending on the scheme you are on. Which means that your extension is dependent upon when you were granted visa under the government authorised exchanged category and the scheme in use. You may also be able to stay for the duration on your certificate of sponsorship with additional 14 days.

What Qualifies You?

If you want to a visa extension on this category, you are required to have the following:

• A certificate of sponsorship reference number from your UK sponsor
• Your 'A-rated sponsor who states on your certificate of sponsorship that they are responsible for your maintenance and will not claim benefits during your stay. Otherwise, you must have £945 in savings - which proves that you can comfortably support yourself and this amount must have been in your account for 90 days before your application commences.

You are also required to provide your biometric data which includes your fingerprint and photo.

How Long Does It Take?

Once you have been validated of meeting the immigration requirement under the government authorised exchange category, you will to proceed with your application which can take up to 8 weeks for online or postal applications. You may also be able to get a same day premium service if you get in touch with us. Although you will be contacted if your application encounters some complications which requires us to adequately verify. You may also be required to attend an interview to prove that the information on your supporting documents are true as well as to explain any previous personal circumstances you may have encountered such as a criminal conviction. After you have submitted your application, you will be able to remain in the UK a decision is reached, regarding your visa extension application. This also depends on when you applied for the extension. In other words, you will need to apply for an extension before your visa expires.

How We Can Help

If you would like professional advice and more information on the government authorised exchange visa, our immigration solicitors can help.

Youth Mobility Scheme - Working Holiday

The Tier 5 Youth Mobility Scheme was introduced as a replacement for the UK Working Holiday Visa programme. The new scheme allow young people to travel to the UK for the purpose living and working in the UK for up to 2 years. The Scheme remains closed to all other countries apart from nations with reciprocal agreement with the UK. Importantly, the number of migrants currently on this scheme is significantly lower than the number of migrants on the previous UK working holiday programme. The UK have set up reciprocal schemes with regards to the UK Youth Mobility Scheme with the following countries.

• Australia
• New Zealand
• Canada
• Japan
• Monaco
• Taiwan

Applying For The Youth Mobility Scheme

The Youth Mobility Scheme is a PBS application; as such Applicants must score 50 points to qualify under this scheme. Please see the distribution of Points under this scheme below:-

1. Nationality - 30
2. Age - 10
3. Maintenance - 10

Nationality:- The applicant will score thirty points if he or she is a British citizen and/or a citizens of one of the countries listed above as having a reciprocal agreement with the UK on the Youth Mobility Scheme. Age:- The age attribute refers to the individual been between the ages 18 to 31 as at the date the visa becomes valid. Maintenance:- Maintenance funds refers to the applicant been able to take care of him/herself while in the UK without recourse to public funds. The applicant will need to have at least £1,800 in their personal account for a defined period of time as at the date of the application. Successful applicants will be able to stay in the UK for a period 2 years and will not face any working restrictions during that period. They are allowed undertake any kind of work apart from setting up their own business, work in professional sports, or work as a trainee doctor. Importantly, applicants need not have UK sponsors to be eligible to apply under this scheme.

Tier 5 International Agreement

This immigration route is for individuals who are coming into United Kingdom within their contract to do such work that is covered under international law. People that can apply for the Tier 5 temporary worker International agreement include persons who are not from the European Economic Area (EEA). If the application is successful, you will be working on jobs that are strictly within the international law; such kind of jobs include ones such as jobs in a foreign government's house as a house servant or work in a diplomatic household. Please note that you will also need to be sponsored with a CoS from an employer with a valid sponsor licence. As with every other sponsorship, you will only able to work for the employer that is sponsoring your visa; and the work has to be as per the terms of your Certificate of Sponsorship. If you are looking to apply for this visa, you should normally apply at least three months prior to the date you are due to commence work. This is on the premise that the date on your certificate of sponsorship is the same that you are due to start work. From the date of application to the date of your visa decision is normally 3 weeks.

It is however important to check the current processing times especially if you are applying from outside the UK. You will be allowed to come into the United Kingdom fourteen days prior to your start date as stated on your CoS. It is important to note that, if your employment finished earlier than as stated on the CoS, your employer will need to inform the Home Office and they may then move to curtail your right to remain in the UK. If this happens, the Home Office will normally give you up to 60 days to leave the UK. Work that are covered under international law include :-

1. Work under the general agreement on Trade in Services
2. Work based on trade agreement between the United Kingdom and other countries.
3. Civil servants of other countries coming into the UK under a special arrangement with other countries and international organization's.
4. Employees in diplomatic households

The length of time allowable on this route is usually up to two years or 28 days plus the time that you have stated on your CoS letter. Applications that can be made here include:-

ILR Tier 5 International Agreement

Having resided in the UK for a period of 5 continuous years under the Tier 5 International agreement visa category, you may qualify for Indefinite Leave to remain (settlement) in the UK. This is however on the proviso that you meet the conditions as listed below: -

1. You must not have entered into the UK illegal and must fall for refusal under the general grounds for refusal
2. You must have continuously resided in the UK for a period of 5 years. It is important that the continuous residence must be lawful and as a Tier 5 international agreement migrant, having been granted entry clearance under the immigration Rules before 06 April 2012.
3. You must have adequate knowledge of English as well as knowledge of life in the UK in line with paragraphs 33B to 33D of the immigration rules. The exception to this however is where the applicant is below 18 years of age or over 65years when the application is submitted
4. Your residency in the UK must not be in breach of your immigration restrictions and/laws except where you have overstayed your visa for a period of twenty eight days or less.
5. Your employer must have provided you with a letter giving detailed explanation on your periods of absences as per your employment. In the event that absences were resulting from serious or compeling reasons, you would need to make available a sufficient explanatory letter highlighting the whys of your absences. It is important you attach supporting documents to back up claims. Examples of supporting documents include doctor letters, medical reports, birth or death certificates and other related documents which may serve as proof to show your absences.

Switching Into Tier 5 International Agreement

Work permit holders who qualify to switch into this category would need to show that they have been sponsored via the Government Authorised Exchange subcategory. They would also need to evidence that they are still needed and would continue to remain as employees of the same organisation. Please note also, that if you have been granted leave to remain under paragraphs 160-162 as well as 164-165 of the Immigration Rules as an overseas Government worker, you may be allowed to switch into this visa category. The tier 5 International Agreement is a Point based system application.

Tier 5 International Agreement Visa Extension

If your current leave to remain is the Tier 5 International Agreement Visa, you may be able to extend your leave under this visa category provided that you continue to meet the requirements of employment and current leave. It is important to note that the maximum extension duration permissible under this route is 24 months. This however will not be the case if your initial application was made on or before the 5th of April 2012. Applications submitted after this date can only be extended for a maximum of 12 months at a time. The maximum period stay under this category is 6 years. Also note that employees or civil servants in the household of diplomats who applied on or after the 6th of April 2012 can only extend their leave for a maximum period of 12 months at a time. The total period allowable in this instance is 5 years or the length of the employee's contract or posting or which ever is shorter. Also note that you will be tied to your employer during the entire duration of your stay in the UK under this category. You will not be able to change employers.