Tier 5 (Temp Workers)

INTRODUCTION
Tier 5 (Temporary Worker) comes into effect on 27th November 2008 and covers individuals who wish to work temporarily in the UK.  The temporary workers category will be made up of five sub-categories - creative and sporting, charity, religious workers, government authorised exchange and international agreement.  All sub-categories have specific guidance on how long an individual is permitted to remain in the UK following approval of the application.

CATEGORIES
CREATIVE AND SPORTING - for applicants coming to the UK to work or perform as sports people, entertainers or creative artists for up to 12 months

CHARITY - for applicants coming to the UK to do voluntary (unpaid) work for charities

RELIGIOUS WORKERS - for applicants coming to the UK as religious workers, including preaching and pastoral work

GOVERNMENT AUTHORISED EXCHANGE - for applicants coming to the UK through approved schemes designed to share knowledge, experience and best practice

INTERNATIONAL AGREEMENT - for applicants coming to the UK under contract to provide a service that is covered by international law

ELIGIBILITY
Applicants can apply under the Tier 5 (Temporary worker) outside the UK or apply for a change of employment if they have previously been granted leave to enter or remain in the UK.    To apply under the points-based system and be accepted into the Tier 5 category, applicants must pass a points-based assessment.  Applicants MUST score:

• 30 points for receiving a valid Certificate of Sponsorship, issued by their UK sponsor
• 10 points for available maintenance (funds) - see below.

If an applicant does not score the minimum of 30 points for their attributes and 10 available maintenance (funds), the application will be refused.


MAINTENANCE - UNDER TIER 5 (TEMPORARY WORKER)
THERE ARE TWO WAYS TO EVIDENCE MAINTENANCE
APPICANTS
Applicants must show a balance of a minimum of £800 of personal savings at all times over a three-month period prior to the date that the application is submitted.  Applicants will also be required to show a minimum of £533 per dependant for the same period. (e.g. a family of four - £800 (main applicant) + £533 x 3 (dependant family members) = a minimum balance of £2,399 to be shown over the three-month period)

All evidence must be dated no more than one month before the application is submitted.

Evidence must be in the form of cash funds.  Other accounts or financial instruments for example, shares, bonds, pension funds, regardless of notice period, are not acceptable.

From 27th November 2008 until 27th March 2009 the Home Office are allowing applications to be submitted where applicants can show they have the required maintenance amounts at the time of application.  After 27th March 2009, applicants will need to show that they have held the required maintenance amounts for at least three months prior to making the application.

SPONSOR CERTIFICATION
If the applicant's sponsor is an A-rate sponsor, it is possible for the sponsor to certify the applicant's maintenance.  This certification is made on the actual Tier 5 application form.  Sponsors are not able to certify maintenance for dependant family members.  The applicant will not need to provide any documentary evidence if their maintenance is certified by their sponsor.

EXTENDING TIER 5 (TEMPORARY WORKER)
Applicants will be able to extend their leave up to the maximum time permitted in that sub-category.  Extensions will be considered against the new Tier 5 criteria for the relevant sub-category.  The exception to this will be non-visa nationals, entering the UK for less than 3 months, on a Creative and Sporting sub-category.  Applicants in this situation will not be able to extend their leave.