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Temporary Workers

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Tier 5 - Temporary Workers & Youth Mobility Scheme

 

Tier 5 is for Temporary workers and those wishing to come into the Youth Mobility Scheme (the new Working Holiday Scheme).  For those who want to come to the United Kingdom to undertake short-term, temporary work there are specific arrangements for you.

 

The term temporary worker encompasses the following subcategories of people:

Creative & Sporting Workers

To get a license for creative workers and their entourage, you must be operating, or intend to operate, in the creative industries. For example, as a national body, event organiser, producer, venue, agent or other similar  organisation.  Where applicable, you must follow the codes of practice when taking into account the needs of the resident labour market in that field. For further information on this category please contact Ms Dhruti Thakrar on 0207 251 8484

To get a licence as a sponsor of sports people, you must be a sporting body, sports club, events organiser or other organiser operating, or intending to operate in the sporting sector.

An agent cannot be a sponsor under this category.

 

In order to sponsor a Migrant in this category the Migrant must be:

  • A sportsperson who is internationally established at the highest level in your sport; and/or
  • Sportsperson whose employment will make a significant contribution to the development and operation of your particular sport in this country;
  • and/or a coach who must be suitably qualified for the job.

Though migrants in this category do not need a governing body endorsement to get permission to enter or stay, you must make sure that they follow the criteria set for the category, before issuing a certificate of sponsorship.

If a sport does not have a governing body recognised by the home country sports councils, the Border Agency will ask the sports councils and other relevant sporting bodies, for example, the Central Council of Physical Recreation, which is the national alliance of governing and legal representative bodies of sport and recreation, whether there is an appropriate body.

 

Charity Workers & Religious Workers

In order to sponsor a religious worker an organisation must first obtain a licence to sponsor the migrant under the tier 5 - religious worker category of the points-based system.

To get a licence under this category, you must be a genuine (bona fide) religious institution, which:

  • is registered, excepted or exempt United Kingdom charity according to the relevant charity legislation in force in its part of the United Kingdom, or is an ecclesiastical corporation (either corporation sole or body corporate) established for charitable purposes. In Northern Ireland the organisation must have obtained charitable status for tax purposes from HM Revenue and Customs. Charities who are not registered according to the relevant charity legislation must explain the reason for non-registration when they apply; and
  • include any religious belief or similar philosophical belief in something transcendental, metaphysical or ultimate;
  • exclude any philosophical or political belief concerned with man, unless that belief is similar to religious belief; and
  • does not exclude from its community on the basis of gender, nationality or ethnicity; and
  • receives financial and material support for its core religious ministry from its congregation or community on a voluntary basis only, without promise or coercion;
  • and does not breach, or encourage others to breach, any United Kingdom legislation; and does not operate against the public interest, or in a way that has a detrimental effect on personal or family life as these are commonly understood in the United Kingdom.

For further information on this category please contact Ms Dhruti Thakrar on 0207 251 8484

 

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Tier System

Tier 1 - General

Tier 2 - Sponsored Skilled Workers

Tier 2 - Ministers of Religion

Tier 2 - Sports People

Tier 3 - Low Skilled Workers

Tier 4 - General Students

Tier 5 - Temporary Workers

 

Gurkha Immigration

Fiances & Spouses

Permanent/Settlement Residence

 

It should be noted that as legal representatives we cannot present Tier 4 applications ourselves as the applicant needs to be present at the Border Agency to provide their biometrics.

 

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Vincent Buffoni - Specialist Business, Employment and Immigration Law Solicitors

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