Immigration

Tier 5. Temporary Workers - creative and sporting
Tier 5 of the new points- based system came into force on 27 November 2008. Tier 5 enables young overseas nationals to experience life and culture in the UK and also permits workers to undertake short term or temporary employment in the UK.
Tier 5 replaced the following immigration categories on 27 November 2008:

Au pairs

Domestic workers in Diplomatic Households

Gap year

China Graduate Work Experience

General Agreement on Trade in services (GATS)

Japan: Youth Exchange Scheme

MP’s Research Assistants

Ministers of religion, missionaries and members of religious orders

Overseas government employees

Sportspeople

Training and Work Experience Scheme

Voluntary workers

Working holidaymakers

Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:

Tier 5 Youth Mobility

Tier 5 Temporary Workers

Temporary workers - creative and sporting

Temporary workers - charity workers

Temporary workers - religious workers

Temporary workers - government authorised exchange

Temporary workers - international agreement

Tier 5 (Temporary Workers)
The Tier 5 (Temporary Workers) scheme provides individuals the opportunity to come to the UK with a job offer for a specific purpose for temporary/short term employment. The scheme consists of five subcategories to clarify the range of employment available in different industries.
All applicants will be required to have both a sponsor and a valid ‘certificate of sponsorship’ before applying for leave to be employed under this scheme. This certificate of sponsorship is designed to act as a declaration that the applicant is able to take on a particular job and has the intention to do so.
All applicants applying under this scheme will require prior entry clearance, except for non-visa nationals intending to come to the UK for a period of 3 months or less in the “Creative and Sporting” subcategory.
Each Tier 5 (Temporary Worker) subcategory is explained below as an individual category.

Tier 5 (Temporary Workers) – Creative and Sporting
This category accommodates those who wish to work or perform as sports people, entertainers or creative artists for a maximum period of 12 months. The employment is for short engagements or contracts and is suitable for sports players, coaches, dance artists, artists in music, theatre, film or television etc.

A. Requirements
(i) Sportspeople
Applicants applying as ‘Sportspeople’ will need to be internationally established at the highest level in their industry. Their employment in the UK should also intend to make a ‘significant’ contribution to the development and operation of that particular sport in the UK.
Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship with an endorsement for the applicant from the relevant sports governing body. This endorsement will need to confirm the above criteria and will further need to confirm that the post could not be filled by a suitable resident worker in the UK/EU.

(ii) Creative Worker
Applicants applying as a ‘Creative Worker’ and those included in their entourage involved in dance, theatre, film or television will need to demonstrate that they are attending specific engagements in the UK and do not wish to base themselves in business in the UK.
Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions and that the applicant will comply with the conditions of their visa and leave the UK upon expiry of the visa.
All applicants will need to score a total of 40 points for the above criteria which is detailed in the next section.

B. Points Assessment
Applicants will need to satisfy a points test and maintenance requirement under this scheme. A total score of 40 points is required in order for applicants to successfully submit an application for the Tier 5 (Temporary Workers) scheme.
Points are awarded under the following headings:

(I.) Certificate of Sponsorship – 30 points
To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.

(ii) Maintenance (Funds) – 10 points
To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves for the duration of their stay in the UK.
The requirement is to demonstrate either/or the following:

At least £800 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application (plus £533 for each dependant); OR

The sponsor can guarantee the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependants).

C. Visa Validity and Extension
Applicants successful under the Tier 5 (Temporary Workers) category will be granted Entry Clearance valid for a maximum period of 12 months; or a shorter period if this is specified in the certificate of sponsorship.
‘Creative Workers’ are the only exception to this condition as they are able to apply for an extension for a maximum of 12 months at a time, amounting to a total period of 24 months, provided they remain with the same sponsor.
Creative and Sporting applicants, who have not applied for entry clearance as non-visa nationals and have entered the UK for a period of less than 3 months, cannot apply to extend their leave in the UK.

D. Group sponsorship certificates
Applicants are able to include their entourage when entering the UK using a ‘group’ certificate of sponsorship. The entourage can include people whose work relates to the work of an entertainer, cultural artist, sportsperson or a dramatic production. Persons included in the entourage should be able to demonstrate their technical and/or specialist skills.

E. Multiple engagements
Applicants who are required to perform/participate in several engagements or performances may need to request their employer to issue a certificate of sponsorship to cover the whole period. The maximum amount of days between each engagement should be no more than a maximum of 14 days.
However if each engagement is sponsored by individual employers, venues or promoters, each of those sponsors are able to issue a certificate of sponsorship for the purpose of covering its own show. The dates on each certificate must not overlap and again there must not be more than 14 days gap between each engagement.

F. Switching
Only a sports or entertainer visitor is entitled to apply to switch into the Tier 5 (Temporary worker) Creative and Sporting subcategory, provided they have a valid certificate of sponsorship issued to them before entering the UK.
No applicants from other Tiers of the points based system are entitled to switch into the Tier 5 (Temporary Worker). In the same way, applicants from Tier 5 (Temporary Worker) cannot switch into other Tiers. The Tier 5 (Temporary Worker) route does not lead to settlement in the UK or offer applicants the opportunity to switch into any other work or study category.
No switching is permitted between the subcategories of Tier 5 (Temporary Worker).
G. Applying for Entry Clearance
Applicants are able to apply for Entry Clearance under the Tier 5 (Temporary Worker) from the following places:

applicant’s home country; or

any other country where the applicant is currently in a similar role as a sportsperson or creative artist

H. What other work is allowed under Tier 5 (Temporary Worker) Creative and Sporting
Applicants under this category are able to work on short term contracts; or participate in/ perform at specific engagements relevant to their role and specified in their certificate of sponsorship.
In addition, applicants under this category are able to undertake supplementary employment providing the work is in the same sector, and for no more than 20 hours per week. The work must be at the same level as declared on the certificate of sponsorship and must be outside of normal working hours. The applicant is obliged to continue to work for their original sponsor. The applicant is not permitted to work in any other employment which fails to satisfy the above criteria.

I. Change of Employment
Applicants who have previously obtained permission to enter or remain in the UK may be able to apply for a “change of employment”. This is on the basis that the applicant intends to vary their leave in the UK because they have changed employment either within the same organisation or with a new organisation. The employment will need to be with a licensed sponsor and the applicant is required to obtain a new certificate of sponsorship and again satisfy the all important maintenance requirement. It is advised to seek professional legal advice if you wish to change your employment whilst in the UK.

J. Transitional Arrangements for those who have already applied under the schemes to be replaced by Tier 5
Applicants who are already in the UK or who have already obtained a valid entry clearance for the immigration schemes abolished last year will be able to enter and re-enter the UK as per the conditions on their visa. Applicants who have been granted entry clearance and their current leave to remain is for six months or more will be able to leave and re-enter the UK during their period of leave. Applicants who have not been granted entry clearance and their current leave is for six months or less, are not entitled to re-enter the UK under any of the abolished categories - unless they are currently a work permit holder; or they have been granted entry clearance for their current leave. Applicants who have a multiple entry work permit are not entitled to apply under these transitional arrangements. They are required to return to their legal country of residence and make a fresh application. Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected. There are no transitional arrangements for the following categories, as no extensions are allowed under these schemes and they do not lead to settlement in the UK:

the working holidaymaker scheme;

the Japan: Youth Exchange scheme;

gap year entrants working in United Kingdom schools concession.

K. Dependants of Tier 5 (Temporary Workers)
Dependants of those applying to enter as Tier 5 (Temporary Workers) migrants will be able to accompany the main applicant to the UK as long as there is evidence of at least £533 in available funds to maintain each dependant.

L. Administrative Review (Entry Clearance applications)
Applicants who have their applications refused under the points-based system are entitled to have the decision reviewed free of charge.
Individuals who wish to exercise their right for an Administrative Review will have to make this request within 28 days of the date of receipt of the refusal notice. The applicant is not entitled to send any additional documents or evidence with the review request. Finally, applicants will only be entitled to request ONE review request per refusal decision.

M. Right of Appeal
Applicants who apply under this scheme will only have a limited right of appeal. We therefore advise that applicants seek legal advice on the procedure for appealing.

N. What services we can offer?

We can advise on the procedure of making a Tier 5 (Temporary Workers) application in line with the sponsorship certificate.

We can assess the job and the applicant’s credentials and advise on the likelihood of getting the applicant sponsored under Tier5

We can advise the applicant on making their leave to remain / entry clearance applications in line with the sponsorship certificate

We can advise the applicant on the procedure involved for including family on dependant visas. We can advise the applicants on the evidence required for entry clearance applications of this sort

We can make a request for an administrative review should the application be unsuccessful

Tier 5. Temporary Workers - Charity Workers
Tier 5 of the new points-based system came into force on 27 November 2008. Tier 5 enables young overseas nationals to experience life and culture in the UK and also permits workers to undertake short term or temporary employment in the UK.
Tier 5 replaced the following immigration categories on 27th November 2008:

Au pairs

Domestic workers in Diplomatic Households

Gap year

China Graduate Work Experience

General Agreement on Trade in services (GATS)

Japan: Youth Exchange Scheme

MP’s Research Assistants

Ministers of religion, missionaries and members of religious orders

Overseas government employees

Sportspeople

Training and Work Experience Scheme

Voluntary workers

Working holidaymakers

Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and the Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:

Tier 5 Youth Mobility

Tier 5 Temporary Workers

Temporary workers - creative and sporting

Temporary workers - charity workers

Temporary workers - religious workers

Temporary workers - government authorised exchange

Temporary workers - international agreement

Tier 5 (Temporary Workers)
The Tier 5 (Temporary Workers) scheme provides individuals the opportunity to come to the UK with a job offer for a specific purpose and for temporary/short term employment. The scheme consists of five subcategories as above.
All applicants will be required to have both a sponsor and a valid ‘certificate of sponsorship’ before applying for leave to be employed under this scheme. This certificate of sponsorship is designed to act as a declaration that the applicant is able to take on a particular job and has the intention to do so.
All applicants applying under this scheme will require prior entry clearance, except for non-visa nationals intending to come to the UK for a period of 3 months or less in the “Creative and Sporting” subcategory.
Each Tier 5 (Temporary Worker) subcategory is explained below as an individual category.

Tier 5 (Temporary Workers) – Charity Workers
This scheme provides individuals with the opportunity to come to the UK temporarily and take up unpaid voluntary work in relation to the objectives of their sponsor. All activities undertaken in the UK must be temporary, voluntary and involve no remuneration.

A. Requirements
The applicant should intend to undertake fieldwork directly in relation to the aims of the sponsor organisation/charity and intend to only work on a temporary basis. No permanent position can be accepted and the applicant will be required to comply with the conditions of their visa and leave the UK upon expiry of the visa.
Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.
All applicants will need to score a total of 40 points for the above criteria which is detailed in the next section.

B. Points Assessment
Applicants will need to satisfy a points test and maintenance requirement under this scheme. A total score of 40 points is required in order for applicants to successfully submit an application for the Tier 5 (Temporary Workers) scheme.
Points are awarded under the following headings:
(i.) Certificate of Sponsorship – 30 points
To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.
(ii) Maintenance (Funds) – 10 points
To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves for the duration of their stay in the UK.
The requirement is to demonstrate the following:

At least £800 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application (plus £533 for each dependant); OR

The sponsor can guarantee the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependants).

C. Visa Validity and Extension
Applicants successful under Tier 5 (Temporary Workers) will be granted Entry Clearance valid for a maximum period of 12 months; or a shorter period if this is specified in the certificate of sponsorship.
Applicants can only apply for an extension of their visa up to the maximum period of 12 months or if shorter, the time specified in the certificate of sponsorship plus 14 days.
Creative and Sporting applicants, who have not applied for entry clearance as non-visa nationals and have entered the UK for a period of less than 3 months, cannot apply to extend their leave in the UK.

D. Switching
Only a sports or entertainer visitor is entitled to apply to switch into the Tier 5 (Temporary worker) Creative and Sporting subcategory, provided they have a valid certificate of sponsorship issued to them before entering the UK.
No applicants from other Tiers of the points-based system are entitled to switch into Tier 5 (Temporary Worker). In the same way, applicants from Tier 5 (Temporary Worker) cannot switch into other Tiers. The Tier 5 (Temporary Worker) route does not lead to settlement in the UK nor does it offer applicants the opportunity to switch into any other work or study category.
No switching is permitted between the subcategories of Tier 5 (Temporary Worker).

E. Applying for Entry Clearance
Applicants are required to obtain prior for Entry Clearance under Tier 5 (Temporary Worker) before entering the UK under this scheme. Applicants can apply for Entry Clearance from their home country or legal country of residence.
F. What other work is allowed under the Tier 5 (Temporary Worker) categories
In addition, applicants under this category are able to undertake supplementary employment providing the work is in the same sector, and for no more than 20 hours per week. The work must be at the same level as declared on the certificate of sponsorship and must be outside of normal working hours. The applicant is obliged to continue to work for their original sponsor.
The applicant is not permitted to undertake any other work which fails to satisfy the above criteria.

G. Change of Employment
Applicants who have previously obtained permission to enter or remain in the UK may be able to apply for a “change of employment”. This is on the basis that the applicant intends to vary their leave in the UK because they have changed employment either within the same organization or with a new organization in the same industry.
The employment will need to be with a licensed sponsor and the applicant is required to obtain a new certificate of sponsorship and again satisfy the all important maintenance requirement.
It is advised to seek professional legal advice if you wish to change your employment whilst in the UK.

H. Transitional Arrangements for those who have already applied under the schemes to be replaced by Tier 5
Applicants who are already in the UK or who have already obtained a valid entry clearance for the immigration schemes already abolished will be able to enter and re-enter the UK as per the conditions on their visa.
Applicants who have been granted entry clearance but their current leave to remain are for six months or more will be able to leave and re-enter the UK during their period of leave.
Applicants who have not been granted entry clearance and their current leave is for six months or less, are not entitled to re-enter the UK under any of the abolished categories - unless they are currently a work permit holder; or they have been granted entry clearance for their current leave.
Applicants who have a multiple entry work permit are not entitled to apply under these transitional arrangements. They are required to return to their legal country of residence and make a fresh application.
Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected.
There are no transitional arrangements for the following (abolished) categories, as no extensions are allowed under these schemes as they do not lead to settlement in the UK:

the working holidaymaker scheme;

the Japan: Youth Exchange scheme;

the “gap year entrants working in United Kingdom schools” concession.

I. Dependants of Tier 5 (Temporary Workers)
Dependants of those applying to enter as Tier 5 (Temporary Worker) migrants will be able to accompany the main applicant to the UK as long as there is evidence of at least £533 in available funds to maintain each dependant.

J. Administrative Review (Entry Clearance applications)
Applicants who have their applications refused under the points-based system are entitled to have the decision reviewed free of charge.
Individuals who wish to exercise their right for an Administrative Review will have to make this request within 28 days of the date of receipt of the refusal notice. The applicant is not entitled to send any additional documents or fresh evidence with the review request. Finally, applicants will only be entitled to request ONE review per refusal decision.

K. Right of Appeal
Applicants who apply under this scheme will only have a limited right of appeal. We therefore advise that applicants seek legal advice on the procedure for appealing.

L. What services we can offer?

We can advise on the procedure of making a Tier 5 (Temporary Worker) application in line with the sponsorship certificate

We can assess the job and the applicant’s credentials and advise on the likelihood of getting the applicant sponsored under Tier 5

We can advise the applicant on making their leave to remain / entry clearance applications in line with the sponsorship certificate

We can advise the applicant on the procedure involved for including family on dependant visas

We can advise the applicants on the evidence required for the entry clearance application

We can make a request for an administrative review should the application be unsuccessful

Tier 5. Temporary Workers - Religious Workers
Tier 5 of the new points-based system came into force on 27th November 2008. Tier 5 enables young overseas nationals to experience life and culture in the UK and also permits workers to undertake short term or temporary employment in the UK.
Tier 5 replaced the following immigration categories on 27 November 2008:

Au pairs

Domestic workers in Diplomatic Households

Gap year

China Graduate Work Experience

General Agreement on Trade in services (GATS)

Japan: Youth Exchange Scheme

MP’s Research Assistants

Ministers of religion, missionaries and members of religious orders

Overseas government employees

Sportspeople

Training and Work Experience Scheme

Voluntary workers

Working holidaymakers

Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:

Tier 5 Youth Mobility

Tier 5 Temporary Workers

Temporary workers - creative and sporting

Temporary workers - charity workers

Temporary workers - religious workers

Temporary workers - government authorised exchange

Temporary workers - international agreement

Tier 5 (Temporary Workers)
The Tier 5 (Temporary Workers) scheme provides individuals with the opportunity to come to the UK with a job offer for a specific purpose or for temporary/short term employment. The scheme consists of five subcategories across a range of different industries.
All applicants are required to have both a sponsor and a valid ‘certificate of sponsorship’ before applying for leave to be employed under this scheme. This certificate of sponsorship is designed to act as a declaration that the applicant is able to take on a particular job and has the intention to do so.
All applicants applying under this scheme will require prior entry clearance, except for non-visa nationals intending to come to the UK for a period of 3 months or less in the “Creative and Sporting” subcategory.
Each Tier 5 (Temporary Worker) subcategory is explained below as an individual category.

Tier 5 (Temporary Workers) – Religious Workers
This scheme provides individuals with the opportunity to come to the UK temporarily to work as religious workers in a non-pastoral role or as visiting religious workers who are employed abroad in the same capacity. Activities under this scheme may include preaching, performing religious rites, reading to congregations of faith, some pastoral work and non-pastoral duties.

A. Requirements
The applicant should be qualified in their role or for the job they wish to undertake in the UK. The applicant must intend to take employment for the sponsor only as a visiting religious worker or as a religious worker in a non-pastoral role and will be required to work only at a specified location. They will also be expected to comply with all the conditions of their visa and should leave the UK upon expiry of their visa.
Employers sponsoring applicants under this category will be required to (a) issue a certificate of sponsorship which guarantees these conditions and (b) additionally provide an undertaking that they will accept the responsibilities of sponsorship for the applicant, support the applicant through funds and/or accommodation (where applicable), and (c) declare that the applicant will not be denying employment in this role for a suitably qualified member of the resident labour force.
All applicants will need to score a total of 40 points for the above criteria as detailed in the next section.

B. Points Assessment
Applicants will need to satisfy a points test and maintenance requirement under this scheme. A total score of 40 points is required in order for applicants to successfully submit an application for the Tier 5 (Temporary Workers) scheme.
Points are awarded under the following heads:

(i.) Certificate of Sponsorship – 30 points
To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.

(ii) Maintenance (Funds) – 10 points
To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves for the duration of their stay in the UK.
The requirement is to demonstrate either/or the following:

At least £800 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application (plus £533 for each dependant); OR

The sponsor can guarantee the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependants).

C. Visa Validity and Extension
Applicants successful under Tier 5 (Temporary Workers) will be granted Entry Clearance valid for a maximum period of 12 months; or a shorter period if this is specified in the certificate of sponsorship.
Applicants can only apply for an extension of their visa up to the maximum period of 12 months or if shorter, the time specified in the certificate of sponsorship plus 14 days,
D. Switching
Only a sports or entertainer visitor is entitled to apply to switch into the Tier 5 (Temporary worker) Creative and Sporting subcategory, provided they have a valid certificate of sponsorship issued to them before entering the UK.
No applicants from other Tiers of the points- based system are entitled to switch into Tier 5 (Temporary Worker). In the same way, applicants from Tier 5 (Temporary Worker) cannot switch into other Tiers. The Tier 5 (Temporary Worker) route does not lead to settlement in the UK nor does it offer applicants the opportunity to switch into any other work or study category.
No switching is permitted between the subcategories of Tier 5 (Temporary Worker).

E. Applying for Entry Clearance
Applicants are required to obtain prior for Entry Clearance under Tier 5 (Temporary Worker) before entering the UK under this scheme. Applicants can apply for Entry Clearance in their home country or legal country of residence.

F. What other work is allowed under Tier 5 (Temporary Worker)
Applicants under this category are able to undertake supplementary employment providing the work is in the same sector, and for no more than 20 hours per week. The work must be at the same level as declared on the certificate of sponsorship and must be outside of normal working hours. The applicant is obliged to continue to work for their original sponsor.
The applicant is not permitted to undertake any other employment which fails to satisfy the above criteria.

G. Change of Employment
Applicants who have previously obtained permission to enter or remain in the UK may be able to apply for a “change of employment”. This is on the basis that the applicant intends to vary their leave in the UK because they have changed employment either within the same organisation or with a new organization within the same sector.
The employment will need to be with a licensed sponsor and the applicant is required to obtain a new certificate of sponsorship and again satisfy the all important maintenance requirement.
You are advised to seek professional legal advice if you wish to change your employment whilst in the UK.

H. Transitional Arrangements for those who have already applied under the schemes to be replaced by Tier 5
Applicants who are already in the UK or who have already obtained a valid entry clearance for the immigration schemes already abolished will be able to enter and re-enter the UK as per the conditions on their visa. Applicants who have been granted entry clearance but their current leave to remain is for six months or more will be able to leave and re-enter the UK during their period of leave. Applicants who have not been granted entry clearance and their current leave is for six months or less, are not entitled to re-enter the UK under any of the abolished categories - unless they are currently a work permit holder; or they have been granted entry clearance for their current leave. Applicants who have a multiple entry work permit are not entitled to apply under these transitional arrangements. They are required to return to their legal country of residence and make a fresh application. Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected. There are no transitional arrangements for the following categories, as no extensions are allowed under these schemes as they do not lead to settlement in the UK:

the working holidaymaker scheme;

the Japan: Youth Exchange scheme;

the “gap year entrants working in United Kingdom schools” concession.

I. Dependants of Tier 5 (Temporary Workers)
Dependant of those applying to enter as Tier 5 (Temporary Workers) migrants will be able to accompany the main applicant to the UK as long as there is evidence of at least £533 in available funds to maintain each dependant.

J. Administrative Review (Entry Clearance applications)
Applicants who have their applications refused under the points-based system are entitled to have the decision reviewed free of charge.
Individuals who wish to exercise their right for an Administrative Review will have to make this request within 28 days of the date of the refusal notice. The applicant is not entitled to send any additional documents or fresh evidence with the review request. Finally, applicants will only be entitled to request ONE review request per refusal decision.

K. Right of Appeal
Applicants who apply under this scheme will only have a limited right of appeal. We therefore advise that applicants seek legal advice on the procedure for appealing.

L. What services we can offer?

We can advise on the procedure of making a Tier 5 (Temporary Worker) application in line with the sponsorship certificate

We can assess the job and the applicant’s credentials and advise on the likelihood of getting the applicant sponsored under Tier5

We can advise the applicant on making their leave to remain / entry clearance applications in line with the sponsorship certificate

We can advise the applicant on the procedure involved for including family on dependant visas

We can advise the applicants on the evidence required for the entry clearance application

We can make a request for an administrative review should the application be unsuccessful

Tier 5. Temporary Workers - Government Authorised Exchange
Tier 5 of the new points-based system came into force on 27 November 2008. Tier 5 enables young overseas nationals to experience life and culture in the UK and also permits workers to undertake short term or temporary employment in the UK.
Tier 5 replaced the following immigration categories on 27 November 2008:

Au pairs

Domestic workers in Diplomatic Households

Gap year

China Graduate Work Experience

General Agreement on Trade in services (GATS)

Japan: Youth Exchange Scheme

MP’s Research Assistants

Ministers of religion, missionaries and members of religious orders

Overseas government employees

Sportspeople

Training and Work Experience Scheme

Voluntary workers

Working holidaymakers

Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and Tier 5 (Temporary Workers), which is made up of five sub-categories, as follows:

Tier 5 Youth Mobility

Tier 5 Temporary Workers

Temporary workers - creative and sporting

Temporary workers - charity workers

Temporary workers - religious workers

Temporary workers - government authorised exchange

Temporary workers - international agreement

Tier 5 (Temporary Workers)
The Tier 5 (Temporary Workers) scheme provides individuals with the opportunity to come to the UK with a job offer for a specific purpose or for temporary/short term employment. The scheme consists of five subcategories across a range of different industries.
All applicants will be required to have both a sponsor and a valid ‘certificate of sponsorship’ before applying for leave to be employed under this scheme. This certificate of sponsorship is designed to act as a declaration that the applicant is able to take on a particular job and has the intention to do so.
All applicants applying under this scheme will require prior entry clearance, except for non-visa nationals intending to come to the UK for a period of 3 months or less in the “Creative and Sporting” subcategory.
Each Tier 5 (Temporary Worker) subcategory is explained below as an individual category.

Tier 5 (Temporary Workers) – Government Authorised Exchange
This scheme provides individuals with the opportunity to come to the UK temporarily through approved schemes. These individual schemes are designed to share knowledge, experience and work practice through placements in the UK. This category is not to be used to fill job vacancies or provide a route for unskilled labour force to come to the UK.

A. Requirements
The applicant will be required to enter the UK solely to work or train temporarily in the UK through an approved exchange scheme. The applicant cannot establish a business in the UK and will be expected to meet the requirements of the individual exchange scheme they are attached to. All work undertaken by the applicant under this scheme must be skilled work which is deemed to be the equivalent of N/SVQ Level 3 or higher.
There will a main body to manage this scheme and act as sponsor for applicants. Individual employers and organisations are not permitted to sponsor applicants even if they are licensed as sponsors under the points based system.
The main body (sponsor) will be required to have the support of a UK government department and will be issuing the certificates of sponsorship to applicants meeting the requirements under this scheme.
All applicants will need to score a total of 40 points for the above criteria, which is detailed in the next section.

B. Points Assessment
Applicants will need to satisfy a points test and maintenance requirement under this scheme. A total score of 40 points is required in order for applicants to successfully submit an application for the Tier 5 (Temporary Workers) scheme.
Points are awarded under the following heads:

(i.)Certificate of Sponsorship – 30 points
To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.

(ii) Maintenance (Funds) – 10 points
To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves for the duration of their stay in the UK.
The requirement is to demonstrate either/or the following:

At least £800 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application (plus £533 for each dependant); OR

The sponsor can guarantee the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependants).

C. Visa Validity and Extension
Applicants successful under Tier 5 (Temporary Workers) will be granted Entry Clearance valid for a maximum period of 12 months; or a shorter period if this is specified in the certificate of sponsorship.
Applicants can only apply for an extension of their visa up to the maximum period of 12 months or if shorter, the time specified in the certificate of sponsorship plus 14 days,

D. Switching
Only a sports or entertainer visitor is entitled to apply to switch into the Tier 5 (Temporary worker) Creative and Sporting subcategory, provided they have a valid certificate of sponsorship issued to them before entering the UK.
No applicants from other Tiers of the points based system are entitled to switch into the Tier 5 (Temporary Worker). In the same way, applicants from Tier 5 (Temporary Worker) cannot switch into other Tiers. The Tier 5 (Temporary Worker) route does not lead to settlement in the UK nor does it offer applicants the opportunity to switch into any other work or study category.
No switching is permitted between the subcategories of Tier 5 (Temporary Worker).

E. Applying for Entry Clearance
Applicants are required to obtain prior for Entry Clearance under the Tier 5 (Temporary Worker) before entering the UK under this scheme. Applicants can apply for Entry Clearance from their home country or legal country of residence.

F. What other work is allowed under Tier 5 (Temporary Worker) Creative and Sporting
Applicants under this category are able to work on short term contracts; or participate in/ perform at specific engagements relevant to their role and specified in their certificate of sponsorship.
In addition, applicants under this category are able to undertake supplementary employment providing the work is in the same sector, and for no more than 20 hours per week. The work must be at the same level as declared on the certificate of sponsorship and must be outside of normal working hours. The applicant is obliged to continue to work for their original sponsor.
The applicant is not permitted to work in any other employment which fails to satisfy the above criteria.

G. Change of Employment
Applicants who have previously obtained permission to enter or remain in the UK may be able to apply for a “change of employment”. This is on the basis that that the applicant intends to vary their leave in the UK because they have changed employment either within the same organisation or with a new organization within the same sector.
The employment will need to be with a licensed sponsor and the applicant is required to obtain a new certificate of sponsorship and again satisfy the all important maintenance requirement.
You are advised to seek professional legal advice if you wish to change your employment whilst in the UK.

H. Transitional Arrangements for those who have already applied under the schemes to be replaced by Tier 5
Applicants who are already in the UK or who have already obtained a valid entry clearance for the immigration schemes already abolished will be able to enter and re-enter the UK as per the conditions on their visa.
Applicants who have been granted entry clearance but their current leave to remain is for six months or more will be able to leave and re-enter the UK during their period of leave.
Applicants who have not been granted entry clearance and their current leave is for six months or less, are not entitled to re-enter the UK under any of the abolished categories - unless they are currently a work permit holder; or they have been granted entry clearance for their current leave.
Applicants who have a multiple entry work permit are not entitled to apply under these transitional arrangements. They are required to return to their legal country of residence and make a fresh application.
Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected.
There are no transitional arrangements for the following categories, as no extensions are allowed under these schemes as they do not lead to settlement in the UK:

the working holidaymaker scheme;

the Japan: Youth Exchange scheme;

the “gap year entrants working in United Kingdom schools” concession.

I. Dependants of Tier 5 (Temporary Workers)
Dependant of those applying to enter as Tier 5 (Temporary Workers) migrants will be able to accompany the main applicant to the UK as long as there is evidence of at least £533 in available funds to maintain each dependant.

J. Administrative Review (Entry Clearance applications)
Applicants who have their applications refused under the points based system are entitled to have the decision reviewed free of charge.
Individuals who wish to exercise their right for an Administrative Review will have to make this request within 28 days of the date of receipt of the refusal notice. The applicant is not entitled to send any additional documents or fresh evidence with the review request. Finally, applicants will only be entitled to request ONE review request per refusal decision.

K. Right of Appeal
Applicants who apply under this scheme will only have a limited right of appeal. We therefore advise that applicants seek legal advice on the procedure for appealing.

L. What services we can offer?

We can advise on the procedure of making a Tier 5 (Temporary Workers) application in line with the sponsorship certificate

We can assess the job and the applicant’s credentials and advise on the likelihood of getting the applicant sponsored under Tier5

We can advise the applicant on making their leave to remain / entry clearance applications in line with the sponsorship certificate

We can advise applicants on the procedure involved for including family on dependant visas

We can advise applicants on the evidence required for the entry clearance application

Tier 5. Temporary Workers - International Agreement
Tier 5 of the new points-based system came into force on 27 November 2008. Tier 5 enables young overseas nationals to experience life and culture in the UK and also permits workers to undertake short term or temporary employment in the UK.
Tier 5 replaced the following immigration categories on 27 November 2008:

Au pairs

Domestic workers in Diplomatic Households

Gap year

China Graduate Work Experience

General Agreement on Trade in services (GATS)

Japan: Youth Exchange Scheme

MP’s Research Assistants

Ministers of religion, missionaries and members of religious orders

Overseas government employees

Sportspeople

Training and Work Experience Scheme

Voluntary workers

Working holidaymakers

Tier 5 consists of two main categories under the points-based system; the Youth Mobility Scheme (YMS) and Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:

Tier 5 Youth Mobility

Tier 5 Temporary Workers

Temporary workers - creative and sporting

Temporary workers - charity workers

Temporary workers - religious workers

Temporary workers - government authorised exchange

Temporary workers - international agreement

Tier 5 (Temporary Workers)
The Tier 5 (Temporary Workers) scheme provides individuals the opportunity to come to the UK with a job offer for a specific purpose or for temporary/short term employment. The scheme consists of five subcategories across a range of different industries.
All applicants will be required to have both a sponsor and a valid ‘certificate of sponsorship’ before applying for leave to be employed under this scheme. This certificate of sponsorship is designed to act as a declaration that the applicant is able to take on a particular job and has the intention to do so.
All applicants applying under this scheme will require prior entry clearance, save for the non-visa nationals intending to come to the UK for a period of 3 months or less in the “Creative and Sporting” subcategory.
Tier 5 (Temporary Workers) – International Agreement
This scheme is for individuals who are coming to the UK to provide a service in the UK on a contractual agreement which is covered under International Law. This includes the General Agreement on Trade in Services (GATS) or other international agreements, employees of overseas governments and international organisations as well as private servants in diplomatic households.

A. Requirements
(i) General Agreement on Trade in Services (GATS)
The applicant will be required to work for a sponsor of a country that is a member of the World Trade Organisation (WHO) and have signed up to the agreement; or has a bilateral agreement with the UK or the EU; or is a member of the European Union. The applicant will need to be engaged in employment which satisfies the terms and conditions of the specified international agreement and finally, (where relevant) works for the employer that was awarded the contract or will provide services to the UK client.
Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.

(ii) Employees of Overseas Governments and International Organisations
The applicant will be required to be under a contract of employment with the overseas government or international organisation. The applicant cannot be employed in any other employment for its sponsor other than that specified in the certificate of sponsorship and should not intend to change to a different category of worker within the international agreements scheme subsequent to entering the UK.
Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.

(iii) Private Servants in Diplomatic Households
[Applicants should note that this category is not the same category as ‘private servants in domestic households’. This latter category will currently remain outside the new points-based system].
The applicant is required to be 18 years of age or above with the intention to work full- time as a domestic worker. They will need to be employed and serve as a private servant in the household of a staff member of a diplomatic/consular post; or an official employed by an international organisation. The applicant can only work for their sponsor in this capacity.
The applicant will be required to comply with the conditions in their visa and intend to leave the UK upon expiry of the visa.
Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.
All applicants will need to score a total of 40 points for all the above criteria which is detailed in the next section.

B. Points Assessment
Applicants will need to satisfy a points test and maintenance requirement under this scheme. A total score of 40 points is required in order for applicants to successfully submit an application for the Tier 5 (Temporary Workers) scheme.
Points are awarded under the following headings:

(I.) Certificate of Sponsorship – 30 points
To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.

(ii) Maintenance (Funds) – 10 points
To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves for the duration of their stay in the UK.
The requirement is to demonstrate the following:

At least £800 of personal savings in applicant’s own bank account for at least 3 months prior to the date of the application (plus £533 for each dependant); OR

The sponsor can guarantee the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependants).

C. Visa Validity and Extension
Applicants successful under the Tier 5 (Temporary Workers) will be granted Entry Clearance valid for a maximum period of 12 months; or a shorter period if this is specified in the certificate of sponsorship.
Applicants can only apply for an extension of their visa up to the maximum period of 12 months or if shorter, the time specified in the certificate of sponsorship plus 14 days,
[Creative and Sporting applicants, who have not applied for entry clearance as non-visa nationals and have entered the UK for a period of less than 3 months, cannot apply to extend their leave in the UK].

D. Switching
Only a sports or entertainer visitor is entitled to apply to switch into the Tier 5 (Temporary worker) Creative and Sporting subcategory, provided they have a valid certificate of sponsorship issued to them before entering the UK.
No applicants from other Tiers of the points based system are entitled to switch into the Tier 5 (Temporary Worker). In the same way, applicants from Tier 5 (Temporary Worker) cannot switch into other Tiers. The Tier 5 (Temporary Worker) route does not lead to settlement in the UK nor does it offer applicants the opportunity to switch into any other work or study category.
No switching is permitted between the subcategories of Tier 5 (Temporary Worker).

E. Applying for Entry Clearance
Applicants are required to obtain prior for Entry Clearance under the Tier 5 (Temporary Worker) before entering the UK under this scheme. Applicants can apply for Entry Clearance from their home country or legal country of residence.

F. What other work is allowed under Tier 5 (Temporary Worker) Creative and Sporting
Applicants under this category are able to work on short term contracts; or participate in/ perform at specific engagements relevant to their role and specified in their certificate of sponsorship.
In addition, applicants under this category are able to undertake supplementary employment providing the work is in the same sector, and for no more than 20 hours per week. The work must be at the same level as declared on the certificate of sponsorship and must be outside of normal working hours. The applicant is obliged to continue to work for their original sponsor.
The applicant is not permitted to work in any other employment which fails to satisfy the above criteria.

G. Change of Employment
Applicants who have previously obtained permission to enter or remain in the UK may be able to apply for a “change of employment”. This is on the basis that the applicant intends to vary their leave in the UK because they have changed employment either within the same organisation or with a new organization in the same sector.
The employment will need to be with a licensed sponsor and the applicant is required to obtain a new certificate of sponsorship and again satisfy the all important maintenance requirement.
It is advised to seek professional legal advice if you wish to change your employment whilst in the UK.

H. Transitional Arrangements for those who have already applied under the schemes to be replaced by Tier 5
Applicants who are already in the UK or who have already obtained a valid entry clearance for the immigration schemes due to be abolished will be able to enter and re-enter the UK as per the conditions on their visa.
Applicants who have been granted entry clearance and their current leave to remain is for six months or more will be able to leave and re-enter the UK during their period of leave.
Applicants who have not been granted entry clearance and their current leave is for six months or less, are not entitled to re-enter the UK under any of the abolished categories - unless they are currently a work permit holder; or they have been granted entry clearance for their current leave.
Applicants who have a multiple entry work permit are not entitled to apply under these transitional arrangements. They are required to return to their legal country of residence and make a fresh application.
Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected.
There are no transitional arrangements for the following categories, as no extensions are allowed under these schemes as they do not lead to settlement in the UK:

the working holidaymaker scheme;

the Japan: Youth Exchange scheme;

the “gap year entrants working in United Kingdom schools” concession.

I. Dependants of Tier 5 (Temporary Workers)
Dependants of those applying to enter as Tier 5 (Temporary Worker) migrants will be able to accompany the main applicant to the UK as long as there is evidence of at least £533 in available funds to maintain each dependant.

J. Administrative Review (Entry Clearance applications)
Applicants who have their applications refused under the points based system are entitled to have the decision reviewed free of charge.
Individuals who wish to exercise their right for an Administrative Review will have to make this request within 28 days of the date of receipt of the refusal notice. The applicant is not entitled to send any additional documents or fresh evidence with the review request. Finally, applicants will only be entitled to request ONE review request per refusal decision.

K. Right of Appeal
Applicants who apply under this scheme will only have a limited right of appeal. We therefore advise that applicants seek legal advice on the procedure for appealing.

L. What services we can offer?

We can advise on the procedure of making a Tier 5 (Temporary Workers) application in line with the sponsorship certificate

We can assess the job and the applicant’s credentials and advise on the likelihood of getting the applicant sponsored under Tier5

We can advise the applicant on making their leave to remain / entry clearance applications in line with the sponsorship certificate

We can advise the applicant on the procedure involved for including family on dependant visas

We can advise the applicants on the evidence required for the entry clearance application

Visitor Visas – General
The visitor visa is the most popular single route for individuals coming to the UK for tourism, to visit family or for business or other special purpose visits.
In line with the recent review of the UK immigration system by the government, new rules have been implemented from 27 November 2008 to reform specific categories of the “visitor” visa.
The idea behind this reform is to ensure that visitors clearly understand the range of activities they are allowed to undertake whilst in the UK on a visitor visa.

Reasons why you may wish to visit the UK
There are numerous reasons why an individual may wish to come to the UK for a short period. In addition to visiting family, sightseeing or visiting on business, people may wish to visit the UK to get married or undertake a civil partnership ceremony, arrange plans for studying in the UK, undertake a short course, attend important events, visit the UK as a representative of a company or conduct research or sit a test/exam in the UK.

General requirements for coming to the UK as a visitor
Individuals intending to visit the UK must be able to demonstrate that they wish to visit the UK for no more than six months and that they will be leaving the UK at the end of the visit. In addition, individuals must be able to show that they have sufficient finds to maintain and accommodate themselves (and any dependants) without assistance from UK public funds.
The exceptions to this general rule are for ‘academic visitors and ‘parents of children at school in the UK” who are entitled to stay in the UK for a maximum period of 12 months.

Categories of the “Visitor Visa”
It is important that if you intend to visit the UK that you apply for the correct category of visitor visa before entering the country as you are required to comply with the conditions on your visa. Any breach of visa conditions during your stay in the UK may result in adverse consequences; and it is therefore recommended that you ensure that your intentions for coming to the UK are adequately reflected in the type of visitor visa you apply for.
The different categories of “Visitor Visa” are as follows:

General Visitors

Visiting Family

Visiting Friends

Tourism

Business Visitors

Academic visitors

Advisers, consultants, trainers, trouble shooters who are employed abroad by the same company which has the UK branch

Individuals undertaking specific, one –off training in techniques and UK work practices or coming for business meetings/negotiations

Sports Visitors

Entertainer Visitors

Special Visitors

Visitors for private medical treatment in the UK

Visitors intending to marry or undertake a civil partnership ceremony in the UK

Parents of a child at school in the UK

Visitors under the UK/China Approved Destination Status (ADS) Agreement

Each category of visitor visa will be explained individually.

General Visitors
If you wish to visit the UK to see family/ friends, or simply visit for tourism and sightseeing purposes; you will need to apply as a general visitor.

A. Requirements
1. You will need to demonstrate that you only intend to visit the UK for a short period – no more than 6 months.
2. You must intend to leave the UK after the end of your visit and demonstrate that you can meet the cost of the return or onward journey
3. You must show that you have sufficient funds to maintain and accommodate yourself (and any dependants) without working in the UK or receiving assistance from UK public funds. Alternatively you can show that relatives or friends will be financially supporting and/or accommodating you.

B. Activities not permitted on a general visitor visa

You must not intend to study in the UK

You must not intend to charge the public for services provided or goods received

You must not intend to undertake business, sport or entertainer visitor activities

You must intend to marry or register a civil partnership in the UK

You must not intend to receive private medical treatment during your visit to the UK

You must not be a transit passenger to a country outside the Common Travel Area

C. Documents required
If you wish to apply as a general visitor, you should ensure that you have basic documentation as follows:

If employed: Letter from employer approving your leave for a specified period. The letter should include details of your employment, duration, your position, salary etc. and should detail when you are expected to resume work.

If self-employed: Evidence of your business activities, accounts and financial credibility

If studying: Letter from institution confirming details of your course, start-finish date, dates of holiday period and the dates you intend to visit the UK

Evidence of ties to your home country – e.g. ownership of property, family ties/responsibilities

Evidence of your travel plans – ticket bookings, hotel bookings, itinerary

Bank statements for the last 3 to 6 months

Evidence of additional savings

D. Extension
The maximum you can stay in the UK is six months as a general visitor.
If however your visa was granted for a period less than six months, you may apply for an extension of your visa which takes you up to the maximum of six months.
Please note that upon the expiry of your visa, you are required to leave the UK. If you stay beyond the expiry of your visa, you will remain illegally in the UK and you will be considered an “overstayer”. This may have an adverse impact on your immigration record and is likely to affect any future UK immigration applications. It could even result in you being banned from re-entering the UK for a certain period of time.

E. Right of Appeal
Applicants can be refused a visa to enter the UK as a general visitor and, if refused, will receive a detailed letter explaining the reasons for refusal.
Only applicants who are visiting close family members are able to appeal against a refusal decision. All other applicants who are visiting the UK for other reasons are not entitled to appeal against a refusal decision.
We therefore advise that applicants seek legal advice on the procedure for appealing.

F. Our Services

We can advise on the procedure of making a ‘general visitor’ application and assess the merits of your application.

We can advise on the procedure involved for applying for visit visas for members of your family.

We can advise on the evidence required for the entry clearance application.

We can advise on the merits of an appeal should your application be refused and attract a right of appeal.

Visitor Visas – Business Visitor
The visitor visa is the most popular single route for individuals coming to the UK for tourism, to visit family or for business or other special purpose visits.
In line with the recent review of the UK immigration system by the government, new rules have been implemented from 27 November 2008 to reform specific categories of the “visitor” visa.
The idea behind this reform is to ensure that visitors clearly understand the range of activities they are allowed to undertake whilst in the UK on a visitor visa.

Reasons why you may wish to visit the UK
There are numerous reasons why an individual may wish to come to the UK for a short period. In addition to visiting family, sightseeing or visiting on business, people may wish to visit the UK to get married or undertake a civil partnership ceremony, arrange plans for studying in the UK, undertake a short course, attend important events, visit the UK as a representative of a company or conduct research or sit a test/exam in the UK.

General requirements for coming to the UK as a visitor
Individuals intending to visit the UK must be able to demonstrate that they wish to visit the UK for no more than six months and that they will be leaving the UK at the end of the visit. In addition, individuals must be able to show that they have sufficient finds to maintain and accommodate themselves (and any dependants) without assistance from UK public funds.
The exceptions to this general rule are for ‘academic visitors and ‘parents of children at school in the UK” who are entitled to stay in the UK for a maximum period of 12 months.

Categories of the “Visitor Visa”
It is important that if you intend to visit the UK that you apply for the correct category of visitor visa before entering the country as you are required to comply with the conditions on your visa. Any breach of visa conditions during your stay in the UK may result in adverse consequences; and it is therefore recommended that you ensure that your intentions for coming to the UK are adequately reflected in the type of visitor visa you apply for.
The different categories of “Visitor Visa” are as follows:

General Visitors

Visiting Family

Visiting Friends

Tourism

Business Visitors

Academic visitors

Advisers, consultants, trainers, trouble shooters who are employed abroad by the same company which has the UK branch

Individuals undertaking specific, one –off training in techniques and UK work practices or coming for business meetings/negotiations

Sports Visitors

Entertainer Visitors

Special Visitors

Visitors for private medical treatment in the UK

Visitors intending to marry or undertake a civil partnership ceremony in the UK

Parents of a child at school in the UK

Visitors under the UK/China Approved Destination Status (ADS) Agreement

Business Visitors
If you wish to visit the UK on business e.g. attend interviews or conferences, conduct site visits, arrange deals or sign contracts or deliver international goods and/or passengers from abroad, you will need to apply as a business visitor.
Other categories of individuals who must also apply as a business visitor are:

Academic visitors

Doctors taking the PLAB test

Doctors on clinical attachments

Dentists on observation

Visiting professors accompanying students on study abroad programmes

Film crews on location shoots (as long as they are paid or employed overseas)

Representatives of overseas media concerns (as long as they are paid or employed overseas)

Seconded from overseas companies

Religious workers (as long as they are based overseas and do not wish to take a position in the UK)

Interpreters and translators accompanying business visitors(as long as they are employed by an overseas company)

Advisers, consultants, trainers, trouble shooters who are employed abroad by the same company which has the UK branch

Individuals undertaking specific, one –off training in techniques and UK work practices

It is advised that you seek legal advice if you are uncertain whether your purpose for coming to the UK is covered by a “business visitor” category.

A. Requirements
1. You will need to demonstrate that you only intend to visit the UK for a short period – no more than 6 months.
2. You must demonstrate that you intend to visit the UK for a genuine business activity. (There are a wide range of activities permitted under this visa category and it is advised that you obtain advice from us at Law Firm Ltd. to ensure that your proposed activity falls under a ‘permissible activity’ as outlined by the UK Border Agency).
3. You must intend to leave the UK after the end of your visit and demonstrate that you can meet the cost of the return or onward journey.
4. You must show that you have sufficient funds to maintain and accommodate yourself (and any dependants) without working in the UK or receiving assistance from UK public funds. Alternatively you can show that your relatives or friends or the company will be financially supporting and/or accommodating you.

B. Activities not permitted on a business visitor visa

You must not intend to study in the UK

You must not intend to charge the public for services provided or goods received

You must be based abroad and have no intention of setting up a base in the UK

You must receive your salary/remuneration from overseas

You must not intend to marry or register a civil partnership in the UK

You must not intend to receive private medical treatment during your visit to the UK

You must not be a transit passenger to a country outside the Common Travel Area

C. Documents required
If you wish to apply as a business visitor, you should ensure that you have the following documentation:

Invitation letter from the UK company/business/organisation

Confirmation of the purpose for which you are visiting the UK

If employed: Letter from employer approving your leave for a specified period. The letter should include details of your employment, duration, your position, salary etc. and should detail when you are expected to resume work.

If self-employed: Evidence of your business activities, accounts and financial credibility

Evidence of ties to your home country – e.g. ownership of property, family ties/responsibilities, employment ties

Evidence of your travel plans – ticket bookings, hotel bookings, itinerary

Bank statements for the last 3 to 6 months

Evidence of additional savings and assets (eg property)

D. Extension
The maximum you can stay in the UK, on any one occasion is six months as a business visitor.
If however your visa was granted for a period less than six months, you may apply for an extension of your visa which takes you up to the maximum of six months.
NB. There is an exception if you are an ‘Academic Visitor’ as you are entitled to stay in the UK for a maximum of 12 months.
Please note that upon the expiry of your visa, you are required to leave the UK. If you stay beyond the expiry of your visa, you will remain illegally in the UK and you will be considered an “overstayer”. This may have an adverse impact on your immigration record and is likely to affect any future UK immigration applications. This could even result in you being banned from re-entering the UK for a certain period of time.

E. Right of Appeal
Applicants can be refused a visa to enter the UK as a business visitor and would normally receive a detailed letter explaining the reasons for refusal.
Only applicants who are visiting close family members are able to appeal against a refusal decision. All other applicants who are visiting the UK for other reasons are not entitled to appeal against a refusal decision.
We therefore advise that if applicants have been refused a business visitor visa, please seek legal advice on the procedure for submitting a fresh application.

F. Our Services

We can advise on the procedure of making a ‘business visitor’ application and discuss the merits of your application.

We can advise on the procedure involved for applying for dependant visas for members of your family.

We can advise on the evidence required for the entry clearance application.

We can advise on the merits of an appeal - should your application be refused and attract a right of appeal.

Visitor Visas – Sports Visitor
The visitor visa is the most popular single route for individuals coming to the UK for tourism, to visit family or for business or other special purpose visits.
In line with the recent review of the UK immigration system by the government, new rules have been implemented from 27 November 2008 to reform specific categories of the “visitor” visa.
The idea behind this reform is to ensure that visitors clearly understand the range of activities they are allowed to undertake whilst in the UK on a visitor visa.

Reasons why you may wish to visit the UK
There are numerous reasons why an individual may wish to come to the UK for a short period. In addition to visiting family, sightseeing or visiting on business, people may wish to visit the UK to get married or undertake a civil partnership ceremony, arrange plans for studying in the UK, undertake a short course, attend important events, visit the UK as a representative of a company or conduct research or sit a test/exam in the UK.

General requirements for coming to the UK as a visitor
Individuals intending to visit the UK must be able to demonstrate that they wish to visit the UK for no more than six months and that they will be leaving the UK at the end of the visit. In addition, individuals must be able to show that they have sufficient finds to maintain and accommodate themselves (and any dependants) without assistance from UK public funds.
The exceptions to this general rule are for ‘academic visitors and ‘parents of children at school in the UK” who are entitled to stay in the UK for a maximum period of 12 months.

Categories of the “Visitor Visa”
It is important that if you intend to visit the UK that you apply for the correct category of visitor visa before entering the country as you are required to comply with the conditions on your visa. Any breach of visa conditions during your stay in the UK may result in adverse consequences; and it is therefore recommended that you ensure that your intentions for coming to the UK are adequately reflected in the type of visitor visa you apply for.
The different categories of “Visitor Visa” are as follows:

General Visitors

Visiting Family

Visiting Friends

Tourism

Business Visitors

Academic visitors

Advisers, consultants, trainers, trouble shooters who are employed abroad by the same company which has the UK branch

Individuals undertaking specific, one –off training in techniques and UK work practices or coming for business meetings/negotiations

Sports Visitors

Entertainer Visitors

Special Visitors

Visitors for private medical treatment in the UK

Visitors intending to marry or undertake a civil partnership ceremony in the UK

Parents of a child at school in the UK

Visitors under the UK/China Approved Destination Status (ADS) Agreement

Sports Visitors
If you are a professional or amateur sportsperson and you wish to visit the UK to participate in a sporting event (or series of events), or for a tournament; or you are a member of the team or support staff of a sportsperson attending a sports event in the UK, you will need to apply as a sports visitor.
It is advised that you seek legal advice if you are uncertain whether your purpose for coming to the UK or proposed activity is covered by the “sports visitor” category.
A. Requirements
1. You will need to demonstrate that you only intend to visit the UK for a short period – no more than 6 months.
2. You must demonstrate that you intend to visit the UK for a genuine sporting activity.
3. You must intend to leave the UK after the end of your visit and demonstrate that you can meet the cost of the return or onward journey.
4. You must show that you have sufficient funds to maintain and accommodate yourself (and any dependants) without working in the UK or receiving assistance from UK public funds. Alternatively you can show that your relatives or friends or an organisation will be financially supporting and/or accommodating you.

B. Activities not permitted on a sports visitor visa

You must not intend to study in the UK

You must not intend to charge the public for services provided or goods received

You must be based abroad and have no intention of setting up a base in the UK

You must receive your salary/remuneration from overseas

You must not intend to marry or register a civil partnership in the UK

C. Documents required
If you wish to apply as a sports visitor, you should ensure that you have the following documentation:

Confirmation and details of the sporting event/purpose you are coming for in the UK

If employed: Letter from employer approving your leave for a specified period. The letter should include details of your employment, duration, your position, salary etc. and should detail when you are expected to resume work.

If self-employed: Evidence of your business activities, accounts and financial credibility

Evidence of ties to your home country – e.g. ownership of property, family ties/responsibilities, employment ties

Evidence of your travel plans – ticket bookings, hotel bookings, itinerary

Bank statements for the last 3 to 6 months

Evidence of additional savings

D. Extension & Switching
The maximum you can stay in the UK, on any one occasion is six months as a sports visitor.
If however your visa was granted for a period less than six months, you may apply for an extension of your visa which takes you up to the maximum of six months.
You are not permitted to change into another visa category however, if you have already obtained a certificate of sponsorship under Tier 5 (Creative and Sporting) of the points based system and this was issued to you before you entered the UK, you can only switch into Tier 5 of the points-based system to complete the job specified on the certificate of sponsorship.
You may also undertake activities permitted under the business visitor or entertainer visitor categories.
Please note that upon the expiry of your visa, you are required to leave the UK. If you stay beyond the expiry of your visa, you will remain illegally in the UK and you will be considered an “overstayer”. This may have an adverse impact on your immigration record and is likely to affect any future UK immigration applications. This could even result in you being banned from re-entering the UK for a certain period of time.

E. Right of Appeal
Applicants can be refused a visa to enter the UK as a sports visitor and would normally receive a detailed letter explaining the reasons for refusal.
Only applicants who are visiting close family members are able to appeal against a refusal decision. All other applicants who are visiting the UK for other reasons are not entitled to appeal against a refusal decision.
We therefore advise that if applicants have been refused a sports visitor visa, they should seek legal advice on the procedure for submitting a fresh application.

F. Our Services

We can advise on the procedure of making a ‘sports visitor’ application and discuss the merits of your application.

We can advise on the procedure involved for applying for visit visas for members of your family.

We can advise on the evidence required for the entry clearance application.

We can advise on the merits of an appeal - should your application be refused and attract a right of appeal.