Temporary Work Visa (Formerly Tier 5)

What is the Temporary Work Visa?

Temporary work visas (formerly Tier 5 visa) allow foreign nationals to work in the UK for a short period of up to 12 months (or more in some cases). There are several types of UK Temporary Work Visa, as explained below. With a UK Temporary Work Visa, you will be able to work, study, and in some cases, bring your dependant family members with you. You may also be able to extend your visa and even switch to a different type once here, such as a Skilled Worker visa or family visa.

Types of Temporary Work Visa

There are several types of Temporary Work Visa (formerly Tier 5 visa) available in the UK, as follows:

• Charity Worker visa
• Creative Worker visa
• Government Authorised Exchange visa
• International Agreement visa
• Religious Worker visa
• Seasonal Worker visa
• Youth Mobility Scheme visa
• Graduate visa

Charity Worker visa

The Charity Worker Visa is for foreign nationals who wish to come to the UK for unpaid voluntary work with a charitable organisation. Applicants need a Certificate of Sponsorship from a charity in the UK with a sponsor licence. Successful applicants can stay in the UK for 12 months.

Creative Worker visa

The Creative Worker Visa is for foreign nationals who wish to come to the UK to work for an employer in the creative sector. This may include performers, actors, dancers, musicians, or film crew. The Creative Worker Visa replaced the Temporary Worker - Creative and Sporting visa (T5) scheme. Applicants need a Certificate of Sponsorship from an employer in the UK with a sponsor licence. Successful applicants can stay in the UK for 12 months and extend for a further 12 months if staying with the same employer.

Government Authorised Exchange visa

The Government Authorised Exchange Visa is for foreign nationals who wish to come to the UK to work for a short duration, either for work experience, training, an Overseas Government Language Programme, research, or undertake a fellowship through an approved government authorised exchange scheme. The Government Authorised Exchange Visa replaces the Temporary Worker - Government Authorised Exchange visa (T5) scheme. Successful applicants can stay in the UK for up to 24 months if coming to the UK for research, an overseas language programme, or a training programme. Those coming for work experience under this scheme can only come for up to 12 months.

International Agreement visa

The International Agreement Visa is for foreign nationals who wish to come to the UK to undertake contract work covered by international law or treaty. This applies to those who work for a foreign government, work as a private servant in a diplomatic household, or provide a service under contract as a contractual service supplier or independent professional. Successful applicants can stay in the UK for up to 24 months if coming to the UK for research, an overseas language programme, or a training programme. Those coming for work experience under this scheme can come for up to:

• 24 months if working for a foreign government or as a private servant in a diplomatic household
• 6 months in any 12 month period if providing a service under contract
• 12 months under the UK-EU Trade and Cooperation Agreement
• 12 months in any 24 month period under the temporary agreement between the Swiss Confederation (Switzerland) and the UK on services mobility

Religious Worker Visa

The Religious Worker Visa is for foreign nationals who wish to undertake religious work in a non-pastoral role or religious order. Successful applicants can stay in the UK for up to 24 months.

Seasonal Worker Visa

The Seasonal Worker Visa is for foreign nationals who wish to work in ‘edible horticulture’ in the UK. This includes workers who pick fruit and vegetables. Successful applicants can stay in the UK for up to 6 months.

Youth Mobility Scheme visa

The Youth Mobility Scheme visa is for nationals of Australia, Canada, Monaco, New Zealand, San Marino, Iceland, Hong Kong, Japan, South Korea, and Taiwan. It is also open to British overseas citizens, British overseas territories citizens, and British nationals (overseas). Applicants must be aged between 18 and 30 and live and work in the UK for up to 2 years.

Graduate visa

The UK Graduate Visa is for international students who have completed an undergraduate or postgraduate degree in the UK. Successful applicants can stay in the UK for up to 2 years. Many will use this route to secure permanent full-time work after their studies.

Does a Temporary Work visa require sponsorship?

Not all Temporary Work Visa applicants need sponsorship. Those requiring sponsorship include the:

• Charity Worker visa
• Creative Worker visa
• Government Authorised Exchange visa
• International Agreement visa
• Religious Worker visa
• Seasonal Worker visa

The Temporary Work Visa schemes that do not require sponsorship include the Youth Mobility Scheme visa and the Graduate visa.

To check if you need sponsorship for your preferred temporary work visa route, speak to our team of immigration solicitors for Tier 5 visa guidance today on 020 3744 2797.

Eligibility requirements for Temporary Worker Visa

The eligibility rules vary depending on which visa you are applying for. The general eligibility requirements that apply to all temporary work visas are as follows:

• Charity Worker visa
  • you must have a Certificate of Sponsorship from a registered charitable organisation
• Creative Worker visa
  • you must make a unique contribution to the UK labour market, e.g. internationally renowned or required for continuity
  • be paid the minimum salary as set by Equity, PACT, or BECTU (this does not apply to models, musicians, or circuses)
• Government Authorised Exchange visa
  • you must be coming to the UK for:
    • work experience
    • training
    • an Overseas Government Language Programme, or
    • research or a fellowship through an approved government authorised exchange scheme¹
• International Agreement visa
  • you must be 18 or over when you apply
  • your work must be any of the following:
    • under the General Agreement on Trade in Services (GATS)
    • under a similar agreement between the UK and other countries
    • for an overseas government or international organisation
    • as a private servant in a diplomatic household or in the household of an employee of an international organisation
• Religious Worker visa
  • be 18 or over when you apply
  • be doing religious work in a non-pastoral role or religious order
• Seasonal Worker visa
  • be sponsored to work in ‘edible horticulture’ for up to 6 months
• Youth Mobility Scheme visa
  • have £2,530 in savings
  • you must be a national of Australia, Canada, Monaco, New Zealand, San Marino, Iceland, Hong Kong, Japan, South Korea, or Taiwan, or be a British overseas citizen, British overseas territory citizen, or a British national (overseas).
  • you must not have:
    • children under the age of 18 who live with you
    • children you are financially responsible for
    • already been to the UK under the scheme
• Graduate visa
  • you must be in the UK
  • hold a Student visa or Tier 4 (General) student visa
  • have studied a UK bachelor’s degree, postgraduate degree, or another eligible course for a minimum period of time with your Student visa or Tier 4 (General) student visa
  • your university must have confirmed you have successfully completed your course.

To check the requirements for your preferred temporary work visa route and to verify your eligibility, speak to one of our specialist solicitors for Tier 5 visa guidance today on 020 3744 2797.

Documents required for Temporary Worker Visa

When applying for a Temporary Worker visa, you will be asked by the Home Office to provide a number of documents and items of evidence to support your case. These differ depending on the type of Temporary Worker visa and your specific circumstances. For most Temporary Worker visa applications, you can expect to be asked to provide:

• your certificate of sponsorship reference number (provided by your employer/sponsor)
• your passport or another document confirming your identity and nationality
• evidence of sufficient personal savings (typically £1,270) to support yourself while in the UK – recent bank statements are typically enough to prove this requirement. Alternatively, you can ask your sponsor to confirm they will cover your costs if needed (this needs to be written on your CoS).
• proof of your relationship with your partner or children – this will be required if they are applying with you. This may be a birth certificate, marriage certificate, or civil partnership certificate.
• Negative tuberculosis (TB) test results (this is only needed for nationals of certain countries).

Other visa specific documents you may be asked to provide include:

• Government Authorised Exchange visa
• a valid ATAS certificate – this will only apply if your employer confirms you need one because your job will require research in a sensitive subject at Ph.D. level or higher
• International Agreement visa
• a valid ATAS certificate – this will only apply if your employer confirms you need one because your job will require research in a sensitive subject at Ph.D. level or higher
• Youth Mobility Scheme visa
• A recent bank statement confirming you have £2,530 in savings
• Graduate visa
• your current biometric residence permit (BRP) – assuming you were given one when you applied for your Student visa
• your Confirmation of Acceptance for Studies (CAS) reference number (this would have been given to you when you applied for your Student visa)

One of the main reasons for the refusal of a Temporary Work Visa is not providing the necessary documents. Let us check that the documents you have prepared meet the requirements of the Home Office prior to the submission of your application. Speak to our team of solicitors for today on 020 3744 2797.

How to apply for a Temporary Work Visa?

It is important to note that in most cases, you can only apply for a new Temporary Worker visa if you are outside the UK. Some Temporary work visas may allow you to switch within the UK from another visa type. With the Graduate visa, for example, as you will already be in the UK completing your studies, you will be able to apply “in-country”. It is important to check the rules for the visa type you are applying for.

The process of applying for a Temporary Worker visa will depend on the specific type of visa you require. In most cases, you will need to complete the following steps:

1. Complete the online application form² (you will be asked which visa you are applying for). The graduate visa has a different application form³ to the other Temporary Worker visas.
2. Pay the required application fee
3. Pay the healthcare surcharge (if required)
4. Upload your documents (you will be given a list of documents you need to upload)
5. Book your biometric appointment (you will be given the details of your nearest visa application centre, where you will need to have your photo taken and fingerprints scanned for your biometric residence permit)
6. Attend your biometric appointment
7. Wait for a decision - once a decision has been made, you will receive a letter/email from the Home Office explaining the outcome of your application
8. If your application is successful, your passport containing your visa will be returned to you.
9. You will now be able to travel to the UK

You may be able to apply within the UK, depending on the type of visa you require. To check if you can make a Temporary Worker Visa application within the UK, speak to one of our immigration solicitors on 020 3744 2797.

Temporary Work Visa Application Fees

The Temporary Worker visa application fees are as follows:

How long does it take to apply for a temporary work visa?

In most cases, you can expect to receive a decision on your Temporary Worker visa application within 3 weeks if you are outside the UK or 8 weeks if you are inside the UK. Alternatively, you may wish to apply using the priority or super-priority application processing service. The priority service provides a decision within 5 working days for a fee of £500, and the super-priority service will provide a decision within 1 working day for a fee of £800. Not everyone can use these services; you will be advised if you can when you apply.

Temporary Work Visa Conditions

The following explains what you can and cannot do on your Temporary Worker visa:

Switching to a long-term work visa

You may be able to switch to a long-term work visa in the UK. Switching means that you can apply for a different visa from within the UK without needing to leave the country. It is important to check which long-term visa types you can switch to. Some possible long-term visa options that you may be able to switch to include the:

• Skilled Worker visa (seasonal workers and domestic workers in a private household cannot switch to this visa type)
• Family visa (e.g. spouse visa or fiance visa)

It is important to note that to switch to a different type of visa, you must meet all of the eligibility requirements for your chosen route.

To check if you can switch to a different visa type from within the UK, and the options available to you, speak to our team of specialist immigration solicitors on 020 3744 2797.

Temporary Work Visa application refused

You may be able to request an Administrative Review if your Temporary Worker visa application is refused. This would be the recommended route if the Home Office made a mistake when refusing your visa application. Your decision letter will explain the options available to you. In any event, if your Temporary Worker visa application has been refused, it is important to act quickly, as in most cases, you will have a deadline to respond.

Your application may be refused for one (or more) of a number of reasons, including if:

• You do not meet the eligibility criteria
• The Home Office suspects your application is not genuine or you have been dishonest in the information you provided
• You have a criminal record
• You have not provided all of the documents and information requested
• You have not paid all of the required fees
• You have used the wrong application form

To lodge an Administrative Review, you will need to:

• complete an online form within 28 days (if applying from outside the UK)
• Pay a fee of £80
• Explain the errors you believe have been made by the Home Office when deciding your case.

Applications for Administrative Reviews can take up to 6 months to be processed.

Alternatively, you may be able to consider applying for a Judicial Review, to challenge the legal basis for your refusal, or submitting a new application.

At Reiss Edwards, we specialise in quickly overturning Temporary Work visa refusals. We will assess the reason for the refusal and explain the best way forward to achieve your objectives. Speak to our team of specialist temporary work visa solicitors today on 020 3744 2797.

References

¹ GOV.UK: Authorised exchange schemes

² GOV.UK: Online application visa

³ GOV.UK: Graduate visa application