Tier 5 Visa

The Tier 5 visa has 2 broad categories: Tier 5 (Temporary worker), which has several sub-categories and Tier 5 (Youth mobility scheme)

The sub-categories in Tier 5 (Temporary worker) visa are:

1. Creative and sporting worker visa, aimed at professional sportspeople and workers from creative industries, including artists, dancers, writers, film makers etc
2. Charity worker visa, this is aimed at those who are intending to come to the UK to carry out volunteer field work with a UK based charity and can demonstrate that their work will directly contribute to the achievement or advancement of the sponsor’s charitable purpose in the UK.
3. Religious worker visa, this is designated for those coming to the UK to do temporary religious work for a UK based religious organisation.
4. Government authorised exchange visa, this sub-category is for those seeking entry to the UK to share knowledge, experience and best practices and is suitable for work placements and not filling in vacancies.
5. International Agreement worker visa, this subcategory covers workers coming to the UK to provide services under International Agreements. It includes: servants in diplomatic households; employees of overseas governments and International Organisations, the General Agreement of Trade and Services as well as similar agreements between the UK, the EU and another country.
6. Seasonal workers visa, which is targeted at the seasonal workers coming to work for the edible horticultural sector through an approved sponsor licence holder.

Each of the Tier 5 (Temporary worker) sub-category, as well as the Tier 5 (Youth Mobility scheme) category has distinct requirements that one must meet in order to be granted leave to remain under Tier 5.

Tier 5 (Temporary Worker) visa category is part of the points based system. As such, one of the main requirements is to score sufficient points. The available points are:

Valid Certificate of Sponsorship: 30 points
Maintenance requirement: 10 points

As you can see, to qualify under Tier 5 (Temporary worker) visa route, you must have a UK based Sponsor, who has a Tier 5 Sponsor Licence and is able to issue you with a Tier 5 Certificate of Sponsorship.

For maintenance requirements, you will need to supply proof of having at least £1270 of personal savings that you have held for a 90 day minimum period or rely on your  A- rated Sponsor to supply you with an undertaking in respect of maintenance.

Simply meeting the points requirement is not sufficient to succeed under this route. Other requirements you must meet include:

• Genuine Tier 5 (Temporary worker) migrant test, which means you should be able to demonstrate knowledge of the role you are set to cover, show relevant skills, knowledge of the sponsor in the UK, provide an explanation on how you were recruited and any other information the Immigration officer might deem relevant.
• Not fall for refusal under general grounds of refusal, meaning you should not have recent criminal convictions or an adverse immigration history that may lead to your visa being refused.

Apart from these general requirements, each Tier 5 (Temporary worker) visa sub-category has its own requirements. You should always consult with a specialist Tier 5 visa solicitors if you intend to come to the UK under any of the Tier 5 (Temporary worker) sub-categories, as each matter should be assessed against the specifics of the relevant sub-category.

As a Tier 5 applicant you would need to meet the following requirements:

You will meet the nationality requirement if you are national of:

• Australia;
• Canada;
• Hong Kong;
• Japan;
• Monaco;
• New Zealand;
• South Korea;
• Taiwan
• San Marino

Your age should be between 18 to 30.

And you can meet the maintenance requirement by showing personal savings of £2530

Further requirements are:

• You must not have spent time in the UK on Tier 5 (Youth mobility Scheme);
• Have a recent criminal history or adverse immigration history that will bar you from getting a UK visa.

Even if all the requirements are met, you still might be refused a visa if annual allocations for this visa for the country of your nationality has been filled. In this case, you will not be awarded the points for nationality and your visa will not succeed.

The length you can stay in the UK on this visa will depend on what subcategory of Tier 5 visa you have.

• Creative and sporting worker visa, you will be granted leave for up to 12 months or the time given on your CoS plus 28 days, whichever is shorter. You will be able to extend your leave for up to maximum 24 months;
• Charity worker visa, you will be granted leave for up to 12 months or the time given on your CoS plus 28 days, whichever is shorter. If you were initially given less than 12 months leave, you can apply to extend it to a maximum term of 12 months;
• Religious worker visa, you will be granted leave for up to 24 months or the time given on your CoS plus 28 days, whichever is shorter. If you were initially given less than 24 months leave, you can apply to extend it to a maximum term of 24 months;
• Government authorised exchange visa, you will be granted leave for 12 or 24 months or the time given on your CoS plus 28 days, whichever is shorter. If you were initially given less than 24 months leave, you can apply to extend it to a maximum term of 24 months;
• International Agreement worker visa, you will be granted leave for up to 24 months or the time given on your CoS plus 14 days after the end date on CoS and 14 days prior to start date, whichever is shorter.

At RVS Solicitors, we have a team of experienced Tier 5 visa solicitors who can ensure that your plans to enhance your career and gain valuable experience and skills in another country proceeds smoothly.

Our Tier 5 visa lawyers understand the requirements for Tier 5 visas and the intricacies surrounding these routes. We work closely with many employers to help them gain Sponsor Licenses and get Sponsored migrants into the UK. We also work with individuals who are intending to come to the UK on a Tier 5 visa, guiding them throughout the entire process.

Mistakes in immigration can be costly, from financial losses, to missed employment opportunities and lost careers. Therefore, we have put together a team of the best immigration lawyers specialising in Tier 2 and Tier 5 visas. They will guide you on each step and ensure your goal is successfully achieved.

To find out more about how we can assist you with your Tier 5 visa application, please contact our London office on 020 3372 5125 or complete our online enquiry form to make an appointment. Find out more information on our fees here.