This category is for applicants who wish to travel to the UK to work as Temporary workers.
Sponsorship
To apply under Tier 5 (Temporary Worker), an applicant must have a sponsor. A sponsor is an United Kingdom based organisation that the applicant wants to work for (for Government Authorised Exchange the sponsor is an overarching body) in the United Kingdom.
In order to sponsor applicants, an employer will need to have registered as a licensed sponsor. The sponsor will need to meet the requirements for the particular sub-category within Tier 5 (Temporary Worker) and accept certain responsibilities to help with immigration control.
The sponsor will need to assign a certificate of sponsorship before the applicant can apply for leave under Tier 5 (Temporary Worker). The certificate of sponsorship will act as an assurance that the applicant is able to undertake a particular job and intends to do so.
Points Scoring
In order to obtain leave to enter or remain within Tier 5 (Temporary Worker) sub categories, an applicant must score enough points and send supporting evidence where appropriate.
Requirements
Under Tier 5 (Temporary Worker) an applicant must score:
30 points for possessing a valid certificate of sponsorship
10 points for Maintenance (Funds)
Termination of employment
If an applicant’s employment ends before his/her period of leave, leave may be curtailed to 60 days. If the applicant has less than 6 months of his/her leave remaining, leave will not be curtailed.
Tier 5 (Temporary Worker) switching/requirements
Immigration rules on this categories can be found at Para 245ZM to 245ZR of the Immigration Rules.
Extensions
An applicant in any Tier 5 (Temporary Worker) sub-category will be able to extend his/her leave up to the maximum time in that sub-category. He/she will need to pass the test that is in force at the time he/she applies and this could be different to the test that was in place when the applicant first came to the United Kingdom.
Change of employment
An applicant who has previously received permission to enter or remain in the United Kingdom can apply for a ‘change of employment’. This is where the applicant wishes to vary his/her stay in the United Kingdom because he/she has changed his/her employment, either within the same organisation or with a new organisation.
The work will need to be with a licensed sponsor, and the applicant must have a new certificate of sponsorship.
An applicant will need to provide evidence of meeting the maintenance requirement where he/she is making an application for a change of employment.
An applicant under can apply for change of employment whilst in the United Kingdom, however, leave will only be granted to reach the maximum time allowed under the relevant sub-category and he/she will not be able to switch into another tier, category or sub-category.
An applicant in the creative sector making a change of employment application which would take his/her leave over 12 months must remain working for the same sponsor.