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 Agreement

This 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:

  • private servants in diplomatic households
  • employees of an overseas government or international organisation
  • contractual service suppliers
  • independent professionals supplying services

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)
The applicant will be required to work for a sponsor of a country that is a member of the World Trade Organisation (WHO) and have signed up to the agreement; or has a bilateral agreement with the UK or the EU; or is a member of the European Union. The applicant will need to be engaged in employment which satisfies the terms and conditions of the specified international agreement and finally, (where relevant) works for the employer that was awarded the contract or will provide services to the UK client.

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
The applicant will be required to be under a contract of employment with the overseas government or international organisation. The applicant cannot be employed in any other employment for its sponsor other than that specified in the certificate of sponsorship and should not intend to change to a different category of worker within the international agreements scheme subsequent to entering the UK.

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
[Applicants should note that this category is not the same category as ‘private servants in domestic households’. This latter category will currently remain outside the new points-based system].

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 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 Tier 5 (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 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 £945 of personal savings in applicant’s  own bank account for at least 3 months prior to the date of the application plus £630 for each dependant; OR
  • An A-rated sponsor guarantees the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependants).

C. Visa Validity and Extension

Applicants 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. Switching

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 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 Clearance

Applicants 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 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 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 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.

What services we can offer?

  • We can advise on the procedure of making a Tier 5 (Temporary Workers) application in line with the sponsorship certificate
  • We can assess the job and the applicant’s credentials and advise on the likelihood of getting the applicant sponsored under Tier5
  • We can advise the applicant on making their leave to remain / entry clearance applications in line with the sponsorship certificate
  • We can advise the applicant on the procedure involved for including family on dependant visas
  • We can advise the applicants on the evidence required for the entry clearance application
  • We can make a request for an administrative review should the application be unsuccessful 
 
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