Temporary Work - Seasonal Workers (formerly known as TIER 5 Seasonal Workers)

Temporary Workers of the points-based system 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 and consists of two main categories: the Youth Mobility Scheme and the Temporary Worker which consists of six sub-categories, set out below:

Temporary Worker - Seasonal Worker Visa

This scheme provides individuals with the opportunity to come to the UK for up to 6 months to do farm work

A. Requirements

The applicant should intend to undertake fieldwork directly in relation to the aims of the sponsor organization/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 Temporary Workers scheme.

Points are awarded under the following headings:

(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 they have sufficient funding to support themselves for the duration of their stay in the UK.

The requirement is to demonstrate the following:

• At least £1,270 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application; OR

• An A-rated sponsor guarantees the applicant’s maintenance on the certificate of sponsorship.

C. Visa Validity and Extension

Applicants successful under Seasonal Workers Visa will be granted Entry Clearance valid for a maximum period of 6 months; or a shorter period if this is specified in the certificate of sponsorship plus 14 days.

D. Switching

No applicants of the points based system are entitled to switch into the Temporary Worker. In the same way, applicants from Temporary Worker cannot switch into other visa. The 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 Temporary Worker.

E. Applying for Entry Clearance

Applicants are required to obtain prior for Entry Clearance under Seasonal Workers Visa 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 the Seasonal Workers category

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 undertake any other work 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 the applicant intends to vary their leave in the UK because they have changed employment, either within the same organization or with a new organization in the same industry.

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.

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 per refusal decision.

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