|Tier 5. Temporary Workers - creative and sporting|
Tier 5 of the points- based system came into force on 27 November 2008. Tier 5 enables young overseas nationals to experience life and culture in the UK and also permits workers to undertake short term or temporary employment in the UK.
Tier 5 replaced the following immigration categories:
Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:
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 for temporary/short term employment. The scheme consists of five subcategories to clarify the range of employment available in 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 intention to do so.
All applicants applying under this scheme will require prior entry clearance, except for 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 below 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 etc.
The Home Office will now check that applicants are genuine and that they intend to meet the conditions of the leave they apply for.
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
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 under the Tier 5 (Temporary Workers) scheme.
Points are awarded under the following headings:
(i.) Certificate of Sponsorship – 30 points
(ii) Maintenance (Funds) – 10 points
The requirement is to demonstrate either/or the following:
C. Visa Validity and Extension
Applicants successful under the Tier 5 (Temporary Workers) category will be granted Entry Clearance valid for a maximum period of 12 months; or the period of engagement plus 14 days, if this is shorter.
‘Creative Workers’ 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.
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 relates to the work 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 amount of 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.
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:
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 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. Dependants of Tier 5 (Temporary Workers)
Dependants 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 £630 in available funds to maintain each dependant.
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.
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.
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