"Tier 5 of the Points Based System: Youth mobility and temporary workers: people allowed to work in the UK for a limited period of time to satisfy primarily non-economic objectives. "
The Tier 5 UK Immigration visa category is a route designed to cater for specified temporary work(ers). There are a number of routes under the Tier 5 broad category:
Individuals whose purpose of entering the United Kingdom is to take up voluntary (unpaid) work for charity purposes are to make an application for the Tier 5 Charity Workers visa category. This charity work must be connected directly to the Sponsor organisation's work. In order for the individual's application to be considered, he/she is required to have:
On application, the individual will be awarded points on the basis of availability of maintenance fund and his/her sponsorship. It is important that the work on the basis of which the migrant is coming to the UK must be directly related to the work of his/her sponsor's company. It is important to note that applicants looking to come into the UK as a charity work must only engage in voluntary activities. There must also be an established intention to undertake fieldwork which is related to the aims and objective of the organisation that is sponsoring the migrant. For the purpose of assigning the Certificate of Sponsorship (CoS), there is a need for the sponsor to guarantee the following: -
Leave under this category is usually granted for a period of 12 months or the time specified in the CoS plus fourteen days after the end date on the CoS as well as fourteen days prior to the date specified on the CoS; or whichever is shorter. Interested applicants who currently reside outside the UK may be able to apply for entry clearance.
If your current leave to remain in the United Kingdom is as a Tier 5 Charity Worker, you may be able to apply to extend your leave if you are in the UK. You will normally be able to extend it up to a year (twelve months). Please note that migrants can only stay for up to 2 years on the Tier 5 Charity Worker immigration category. As such, extension can only be possible if they have been in the UK for a year. You can only extend your visa if your entry clearance or leave to enter as a Tier 5 charity worker was granted for less than 12 months and you are seeking extension to stay further to a maximum of 12 months. You are expected to apply before the expiry date of your current visa.
Since you have been in the UK on this visa route, you must continue to meet the eligibility rules on which the initial visa was granted to give you an extension. You are required also to be in the UK at the period of your application to extend your visa.
Your application on the Tier 5 charity workers visa extension allows you room to stay in the UK for up to of 12 months at most or the time on your certificate of sponsorship with 14 days extra.
If you apply before your last visa expires, a decision should be given within 8 weeks for online and postal applications but on the same day on clear grounds if you apply through our same day premium service route. Whilst you await decision on your application, you will be able to remain in the UK. You will be contacted if your application encounters some complications which requires verification. You will also be required to attend an interview to prove that the information on your supporting documents are true as well as to explain any previous personal circumstances you may have encountered such as a criminal conviction.
For more information and advice on the Tier 5 charity workers visa extension, contact us and get the best response from our immigration lawyers.
A dependant is an immediate family member of the main applicant. The immigration rules have specified that the dependant must be over the age of 18 except child dependants. Child dependants should be under the age of 18 years of age. New rules which have been introduced have now made it possible for in-country switching into a Tier 5 Charity worker dependant visa. Under the old rules prior to 01-10-2013, it was not possible to switch into this category, applicants would have need to leave to country to apply for entry clearance under that route. Also note that persons on visit visas, temporary admission, termporary release will not be admitted into this route. We strongly advice that persons looking to extend their leave under this category are not in breach of immigration rules. Also in order to remain eligible for extension under this route, you must continue to meet the conditions of your initial granted leave.
Meeting the maintenance requirement is a key aspect of the Point based system. Applicants must show that they are able to support themselves whilst in the country without having to need help from the UK government. Applicants must now show that they have kept the required sum in their account for a continuous period of 90 days prior to the date of application. For dependants, applicants will need to show an additional GBP600 per dependant. Please contact us to find out exactly how much you need to show where you are applying with dependants. This is because out of experience we have observed that the calculations and permutations can be quite tricky for newbies.
If your Tier 2 charity worker visa application have been rejected, you may be allowed to appeal rights. If you have been given rights to appeal, we can assist you with preparing and lodging your appeal to the first tier tribunal. However in the even that you have been given no rights of appeal, it is still possible to challenge the decision by way of a Judicial Review in the Upper Tribunal.
The Tier 5 Creative and Sporting worker visa route is designed for people looking to come into the United Kingdom for the purpose of working or performing as sportspersons, entertainers or creative artistes for a period of twelve months. It is very important that sportspersons who are applying under this immigration route are internationally recognized and perform at the highest level in their sports and/or they must be making significant contribution to the growth, development and management of sports at the highest level in the United Kingdom. Coaches applying under this category are required to possess the appropriate qualifications for the job. Importantly, applicants looking to come into the UK under this visa category must have both a sponsor as well as a valid Certificate of Sponsorship.
Prior to assigning your CoS, the governing body for your sport must have given an endorsement specifying that you have met their standards and requirements. It is important that the governing body must be recognised by the government. In order to be eligible to make an application under this category, you must be established at the highest level and internationally on you field and are making real contribution to the development of your field at the highest level in the United Kingdom. Coaches looking to apply under this category must ensure that they are duly qualified to be coaches in their field and at the required level. The following must be taken not account while making an application under this category: -
Prior to assigning your CoS, the governing body for your sport must have given an endorsement specifying that you have met their standards and requirements. It is important that the governing body must be recognised by the government. If you are from the Republic of Ireland and are not an EEA national or from Switzerland, you will be required to apply for the visa if you intend to travel to the UK on this category.
If you are looking to live and work in the UK as a non-EEA national, you will be required to provide a certificate of sponsorship from a licensed sponsor who has been employed or runs a company in the UK before you can apply to come to the UK to work. Your job must be related the work of your sponsor's organisation.
The processing times to get a decision on your visa varies from country to country but ideally, your visa should be decided on within 3 weeks of your application. You should also apply for the visa 3 months before your due date to start work which is the earliest allotted time. Your application date is on your certificate of sponsorship.
Reiss Edwards has a team of immigration solicitors that can take you through your application process as well as offer ample information and advice through your process. If you have more enquiry regarding the Tier 5 creative & sporting work visa in the UK, get in touch.
You will be able to switch into the Tier 5 Creative and Sporting visa category if you currently in the UK as a sportsperson or entertainer visitor. Your employer must have assigned a valid Certificate of Sponsorship to you prior to your entry to the UK.
You will be able switch into the Tier 5 Creative and sporting extension visa route if your currently hold a valid leave to remain under the same category. It is important that you continue to fulfil the conditions of your initial granted leave to remain.
Most people have defined dependants as relatives or persons who depend on the main applicant financially. However the Home Office does not see dependants in that light. The UKBA have been specific in its definition of who a dependant is. It refers to the immediate family member (spouse and children) of the main applicant in a UK immigration application. Tier 5 Creative and sporting migrants are allowed to bring their depedants to join them in the UK. If the application is successful, the length of leave granted to the dependant will normally be in line with that of the main applicant.
It is important to note that in order to be granted entry into the country, both parties in the application (main applicant and dependant) must be over the age of 18 as at the date of entry into the UK. This does not include child dependants who must be under the age of 18 before they can be considered as dependants under this route. It is important that persons seeking entry clearance are not in the UK as a visitor neither should they be on temporary release or temporary admission in the United Kingdom.
Holders of an initial entry clearance as a PBS Dependants of Tier 5 Creative and Sporting migrants may be able to extend their leave under the same category at the expiration of their current leave if they continue to meet their terms of the leave and do not breach other immigration rules and most importantly in line with the main sponsor. Child dependants who may have now become over 18 will still qualify to apply as child dependants provided that they have become over 18 whilst in the UK under the route.
As religious work falls within the definitions of charity work in the UK, the Immigration Rules for regions workers fall under the rules for Tier 5 temporary / charity workers. This visa category is designed for individuals looking to migrate to the UK for the purpose of undertaking voluntary work for a charity. It is important to stress that the work must be for the sponsor's organisation. It should also be noted that individuals under this visa category must only be engaged in voluntary activities not receiving any payment for their work (charity - as the name implies). In order to successfully assign the certificate of sponsorship, the sponsor must guarantee:-
Visa is granted for a maximum period of 12 months, or the time given on the Certificate of Sponsorship plus 14 days after the end date given on the Certificate of Sponsorship and up to 14 days before the start date, whichever is the shorter. If you are outside the UK, you may have to apply for entry clearance (visa) to the British Embassy/High Commission/Consulate before you can come to the UK under Tier 5 (Temporary Worker - Charity Workers) category.
If your current leave to remain is as a tier 5 religious worker, you may be able to apply for an extension if you have been in the United Kingdom for less than 24 months and within your qualifying period of making a new application.
The Tier 5 Government Authorised Exchange is designed for individuals who are looking come into the UK on approved schemes, the aim of which, is normally to share knowledge and best practices. It may also be for experience and cultural exploration in the UK. It is not designed or intended to fill employment vacancies or to hire unskilled labour to the United Kingdom. The sponsor in this category is normally an overarching institution that manages the country's exchange scheme. It is very important that the overacting body has the support of the UK government. It is also important to note that private employers are not allowed to sponsor migrants in this immigration category notwithstanding their sponsor license.
Exceptions to private sponsorship include :-
The length of stay under this visa is usually 1 or 2 years. This largely depends on your current scheme as well as the duration of your employment as stated on your COS.
Work permit holders are permitted to switch into the Tier 5 Government Authorised Exchange as long as their last grant of leave was as a sponsored researcher and have been had their COS granted to carry on in that employment. Tier 4 General student visa holders including students re-sitting exams, student union sabbatical officers, student union sabbatical officers, persons writing up a thesis, Post grad doctors and dentists are able to switch into this sub category if:-
Tier 5 Government Authorised Exchange Visa Extension If your current leave to remain in the UK is under the Tier 5 Government Authorised Exchange, you can apply to extend your leave to remain in the acme category during your qualifying period. You may be allowed to extend your visa for 12 or 24 months depending on the scheme you are on. Which means that your extension is dependent upon when you were granted visa under the government authorised exchanged category and the scheme in use. You may also be able to stay for the duration on your certificate of sponsorship with additional 14 days.
If you want to a visa extension on this category, you are required to have the following:
You are also required to provide your biometric data which includes your fingerprint and photo.
Once you have been validated of meeting the immigration requirement under the government authorised exchange category, you will to proceed with your application which can take up to 8 weeks for online or postal applications. You may also be able to get a same day premium service if you get in touch with us. Although you will be contacted if your application encounters some complications which requires us to adequately verify. You may also be required to attend an interview to prove that the information on your supporting documents are true as well as to explain any previous personal circumstances you may have encountered such as a criminal conviction. After you have submitted your application, you will be able to remain in the UK a decision is reached, regarding your visa extension application. This also depends on when you applied for the extension. In other words, you will need to apply for an extension before your visa expires.
If you would like professional advice and more information on the government authorised exchange visa, our immigration solicitors can help.
The Tier 5 Youth Mobility Scheme was introduced as a replacement for the UK Working Holiday Visa programme. The new scheme allow young people to travel to the UK for the purpose living and working in the UK for up to 2 years. The Scheme remains closed to all other countries apart from nations with reciprocal agreement with the UK. Importantly, the number of migrants currently on this scheme is significantly lower than the number of migrants on the previous UK working holiday programme. The UK have set up reciprocal schemes with regards to the UK Youth Mobility Scheme with the following countries.
The Youth Mobility Scheme is a PBS application; as such Applicants must score 50 points to qualify under this scheme. Please see the distribution of Points under this scheme below:-
Nationality:- The applicant will score thirty points if he or she is a British citizen and/or a citizens of one of the countries listed above as having a reciprocal agreement with the UK on the Youth Mobility Scheme. Age:- The age attribute refers to the individual been between the ages 18 to 31 as at the date the visa becomes valid. Maintenance:- Maintenance funds refers to the applicant been able to take care of him/herself while in the UK without recourse to public funds. The applicant will need to have at least £1,800 in their personal account for a defined period of time as at the date of the application. Successful applicants will be able to stay in the UK for a period 2 years and will not face any working restrictions during that period. They are allowed undertake any kind of work apart from setting up their own business, work in professional sports, or work as a trainee doctor. Importantly, applicants need not have UK sponsors to be eligible to apply under this scheme.
This immigration route is for individuals who are coming into United Kingdom within their contract to do such work that is covered under international law. People that can apply for the Tier 5 temporary worker International agreement include persons who are not from the European Economic Area (EEA). If the application is successful, you will be working on jobs that are strictly within the international law; such kind of jobs include ones such as jobs in a foreign government's house as a house servant or work in a diplomatic household. Please note that you will also need to be sponsored with a CoS from an employer with a valid sponsor licence. As with every other sponsorship, you will only able to work for the employer that is sponsoring your visa; and the work has to be as per the terms of your Certificate of Sponsorship. If you are looking to apply for this visa, you should normally apply at least three months prior to the date you are due to commence work. This is on the premise that the date on your certificate of sponsorship is the same that you are due to start work. From the date of application to the date of your visa decision is normally 3 weeks.
It is however important to check the current processing times especially if you are applying from outside the UK. You will be allowed to come into the United Kingdom fourteen days prior to your start date as stated on your CoS. It is important to note that, if your employment finished earlier than as stated on the CoS, your employer will need to inform the Home Office and they may then move to curtail your right to remain in the UK. If this happens, the Home Office will normally give you up to 60 days to leave the UK. Work that are covered under international law include :-
The length of time allowable on this route is usually up to two years or 28 days plus the time that you have stated on your CoS letter. Applications that can be made here include:-
Having resided in the UK for a period of 5 continuous years under the Tier 5 International agreement visa category, you may qualify for Indefinite Leave to remain (settlement) in the UK. This is however on the proviso that you meet the conditions as listed below: -
Work permit holders who qualify to switch into this category would need to show that they have been sponsored via the Government Authorised Exchange subcategory. They would also need to evidence that they are still needed and would continue to remain as employees of the same organisation. Please note also, that if you have been granted leave to remain under paragraphs 160-162 as well as 164-165 of the Immigration Rules as an overseas Government worker, you may be allowed to switch into this visa category. The tier 5 International Agreement is a Point based system application.
If your current leave to remain is the Tier 5 International Agreement Visa, you may be able to extend your leave under this visa category provided that you continue to meet the requirements of employment and current leave. It is important to note that the maximum extension duration permissible under this route is 24 months. This however will not be the case if your initial application was made on or before the 5th of April 2012. Applications submitted after this date can only be extended for a maximum of 12 months at a time. The maximum period stay under this category is 6 years. Also note that employees or civil servants in the household of diplomats who applied on or after the 6th of April 2012 can only extend their leave for a maximum period of 12 months at a time. The total period allowable in this instance is 5 years or the length of the employee's contract or posting or which ever is shorter. Also note that you will be tied to your employer during the entire duration of your stay in the UK under this category. You will not be able to change employers.
Fees set by the UKBA for the Tier 5 (Charity Worker) visa is done depending on your situation, the mode of application as well as your location. For more information on the fees that would be required for this visa category can be gotten from the UKBA website.
It is advised that you always check how much you will be required to pay before making any application. In this case you are not required to make healthcare surcharge payments.
Your biometric data including your fingerprints are usually collected as part of the biometric information required for you to apply. In addition to your fingerprints your photograph will also be taken. Your biometric information will be collected at a Visa Application Centre.
Some applicants will be required to do the Tuberculosis (TB) test because of their country of residence. So if you are making your application from a country that is among those whose applicants are required to do the test, you will do the test.
You will be required to provide:
An authentic travel document or passport
Evidence that you can support yourself financially whilst in the United Kingdom.
Tuberculosis (TB) test if you are from a country whose citizens are required to take it.
Certified translation of any document you have that is not in English Language or Welsh.
Additional information and documents as it relates to your circumstance.
A more comprehensive explanation can be gotten from the Home Office website
After you have submitted your application for the Tier 5 Charity Worker Visa from outside the United Kingdom, you are expected to your decision in three weeks. You can also refer to the Guide Processing Times if you seek information concerning processing time for applications from your country.
You are authorised to make you application for Tier 5 Charity Worker in no sooner than three months to the date you will be travelling.
If you are in the United Kingdom under the Tier 5 (Charity Worker) category, you are not authorized to make an application for permanent residence.
You are permitted to take up unpaid work while you are in the United Kingdom on a Tier 5 (Charity Worker) Visa.
You are permitted to study in the United Kingdom if you are a Tier 5 (Charity Worker) Visa holder.
You are eligible for the Tier 5 (Temporary Worker - Creative and Sporting) visa category if you: ï¿½ Have been offered employment as a sports person or creative worker? Are a citizen of a country not among the European Economic Area (EEA) and Switzerland Fulfill the other qualification criteria.
Any individual that takes up job in the creative industry like a musician, actor, dancer, film crew member.
For you to be considered for entry as a Tier 5 (Temporary Worker - Creative and Sporting) you will be required to have a Certificate of Sponsor (CoS) from an authorized sponsor.
You are permitted to make an application for the Tier 5 (Temporary Worker - Creative and Sporting) visa three months prior to the day you are to begin your job in the United Kingdom. The date will be contained in your Certificate of Sponsorship (CoS).
Your application would normally be decided upon in three weeks after your submission. However to be sure of how long it will take for you to get your decision in your country, you can check the guide processing times of the United Kingdom Immigration.
The amount you will pay is dependent on your circumstance, your location and your way or manner of application. If you are applying for yourself you will be required to pay:
if you are making your application from outside the United Kingdom you will pay £230, If you intend to extend or switch by submitting your application via post you will pay £230 If you intend to make an application for extension or switching via the premium service you will be required to pay £730
If you are a citizen of Turkey or Macedonia you will be required to pay:
if you are making your application from outside the United Kingdom you will pay £175 if you intend to extend or switch by submitting your application via post you will pay £175 if you intend to make an application for extension or switching via the premium service you will be required to pay £675
if you have any dependant children for whom you wish to make an application you will be required to pay:
ï¿½ if you are making the application from outside the United Kingdom you will pay £230 each ï¿½ if you intend to extend or switch by submitted your application via post you will pay £230 each ï¿½ if you intend to make an application for extension or switching via the premium service you will be required to pay £730 each
In addition to these payments you will be required to pay health surcharges together with your application.
You may be granted entry into the United Kingdom for up to twelve months, or the time that is contained on your Certificate of Sponsorship including up to 28 days.
You are expected to begin your stay in no more than 14 days prior to the date contained on your certificate of sponsorship.
You will be permitted to:
Study (to study some courses you will be required to have an Academic Technology Approval Scheme Certificate) Take up work as specified in your certificate of sponsorship. Take up another job in the same sector and level as the major job for a maximum of 20 hours weekly Take up work as contained in the shortage occupation list for a maximum of 20 hours weekly Take up work as a Sportsperson for the national team of your country as a broadcaster of sports if the reason for your entry is the sporting classification. Enter the United Kingdom with family members.
You will not be permitted to:
ï¿½ Have access to public fund ï¿½ Begin a business venture of your own
To qualify as a sportsperson you will be required to impact significantly to the growth and development of sports at the top level in the United Kingdom. In addition you will also require:
A Reference number of the Certificate of Sponsorship (CoS) A savings worth £945 to evince that you are capable to support yourself. You are required to have held this money in the bank for 90 days prior to your application.
If your sponsor is A-rated and have stated that your maintenance will be fend for while you will during the course of your stay not lay claim to benefits won't be required to have £945 in savings.
To qualify as a creative worker, you will be required to:
Significantly impact the labour market of the United Kingdom ï¿½ Reference number of the Certificate of Sponsorship Receive in payment as salary a minimum amount as set by Equity, BECTU or PACT (excluding musicians, models or circuses)
If your sponsor is A-rated and have stated that your maintenance will be fend for while you will during the course of your stay not lay claim to benefits won't be required to have £945 in savings.
Yes. If you seek to change your sponsor within the same sector or switch to a new sector, you will be required to make an application again as well as fulfill all the requirements.
Switching to a new sponsor does not change your duration of stay in the United Kingdom; you will still stay for the duration of time as contained in your visa.
You will require to be issued a multiple entry certificate of sponsorship from your employer (sponsor) if the job you are undertaking requires you to leave and return to the United Kingdom frequently.
The enquiry has been responded to privately by one of our immigration solicitors
The enquiry has been responded to privately by one of our immigration solicitors
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