Tier 5. Temporary Workers - International Agreement |
Tier 5 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.
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 or for temporary/short term employment. The scheme consists of five subcategories across a range of 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, save for the non-visa nationals intending to come to the UK for a period of 3 months or less in the “Creative and Sporting” subcategory. Tier 5 (Temporary Workers) – International AgreementThis scheme is for individuals who are coming to the UK to provide a service in the UK on a contractual agreement which is covered under International Law. This includes the General Agreement on Trade in Services (GATS) or other international agreements, employees of overseas governments and international organisations as well as private servants in diplomatic households. According to the new statement of changes to the Immigration Rules, effective from 31 December 2020, there will be further subdivisions within the International Agreement visa route:
These last two categories basically refer to people who are based abroad but are coming to the UK for a short to medium term professional services assignment with a British company. These services range from auditing to midwifery, but whether someone from a given country can use this route to provide a given service depends on whether there is a services treaty in place between the UK and that country. Annex IAW1 of the guidance on sponsoring an International Agreement Worker contains tables showing the treaties available and what services they cover. Article SERVIN.4.4 deals with how long these service providers can stay: The permissible length of stay shall be for a cumulative period of 12 months, or for the duration of the contract, whichever is less. The given statement of changes puts this 12-month commitment from the trade deal into the Immigration Rules. There is a similar deal in place for Switzerland (not in the EU). For all other countries, the maximum stay is six months. A. Requirements(i) General Agreement on Trade in Services (GATS) Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions. (ii) Employees of Overseas Governments and International Organisations Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions. (iii) Private Servants in Diplomatic Households The applicant is required to be 18 years of age or above with the intention to work full- time as a domestic worker. They will need to be employed and serve as a private servant in the household of a staff member of a diplomatic/consular post; or an official employed by an international organisation. The applicant can only work for their sponsor in this capacity. Applicants can apply to extend their stay in the UK and will be eligible to apply for indefinite leave to remain after having completed 5 years in the UK. 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 all the above criteria which is detailed in the next section. B. Points AssessmentApplicants 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 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 the following:
C. Visa Validity and ExtensionApplicants successful under the Tier 5 (Temporary Workers) international agreement subcategory will be granted entry clearance valid for a maximum period of 2 years, or for the period of engagement plus 14 days if this is shorter (unless they are an overseas government employee or a private servant in a diplomatic household in which case entry clearance will be granted for a maximum period of 12 months, or for the period of engagement plus 14 days if this is shorter). Applicants can only apply for an extension of their visa up to the maximum period of 2 years or, if shorter, the period of engagement plus 14 days (unless they are an overseas government employee or a private servant in a diplomatic household in which case further leave will be granted for a maximum period of 12 months, or for the period of engagement plus 14 days if this is shorter). D. SwitchingOnly 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 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). E. Applying for Entry ClearanceApplicants are required to obtain prior for Entry Clearance under the Tier 5 (Temporary Worker) 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 Tier 5 (Temporary Worker)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. G. Change of EmploymentApplicants 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 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 organization in the same sector. 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. H. Dependants of Tier 5 (Temporary Workers)Dependants of those applying to enter as Tier 5 (Temporary Worker) 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 AppealApplicants 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. What services we can offer?
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