A Temporary Work Visa, formally known as a Tier 5 Visa allows foreign nationals to live, work, or study in the UK for a short time, between 6 and 24 months.
For example, citizens of Australia, New Zealand, Canada, Monaco, Iceland, and San Marino plus some other nationalities who are aged between 18-30 years can live and work in the UK for up to two years on a Youth Mobility Scheme visa.
In this article, we explain the different categories of the Temporary Work Visa and the eligibility requirements so that if you are running a business and need temporary migrant workers, you understand the rules and eligibility conditions.
There are several types of Temporary Work Visa, including:
Each of these visas has its own eligibility criteria.
There are certain eligibility requirements for all Temporary Work Visas, including:
Either you or the applicant will need to check the specific requirements for the particular Temporary Work Visa as the applicant will need to prove these in addition to the general requirements.
For example, if you wish to employ seasonal workers they will need to be working in ‘edible horticulture’ for the six month duration of their visa. Employing someone under the Creative Worker visa will require the applicant to show they are making a unique contribution to the UK labour market and that you, as the employer, are paying the minimum salary as set by Equity, PACT or BECTU.
If the applicant is applying from outside the UK the application process normally takes around eight weeks. Applying within the UK shortens the process to around three weeks.
It depends on which category the applicant is applying under. Some Temporary Work Visas such as the International Agreement visa and the Religious Worker visa allow applicants to bring their dependents (defined as a spouse or partner and children aged under 18 years). Others, for example, the Seasonal Worker visa, do not.
The applicant may be able to switch to another visa route such as the Skilled Worker Visa or a family visa. They must, however, meet all the eligibility requirements of the new visa route.
The Temporary Work Visa provides several routes to enable employers to bring overseas talent into the country to work without having to make a long term commitment. For example, if you require an actor for a film, TV, or theatre production, they may be able to enter the country on a Creative Worker visa.
As an employer, you will need to comply with all the Home Office rules and regulations if the category of Temporary Worker Visa requires you to have a Sponsor Licence. Our Solicitors can assist you with applying for the licence and ongoing compliance. We are also able to answer any questions you or the migrant worker may have regarding a Right to Work check. To book a free 15 minute consultation with one of our lawyers, just click ‘Get started’ below.
Read more of our latest blog posts, featuring all the latest legal news, analysis and opinion from our expert lawyers.
During the height of the Covid-19 pandemic, many office workers had to work solely from home, something which was mostly unheard of before the pand...
As a business owner, you have a legal requirement to carry out a Right to Work check (RTW) on all new employees to verify that their immigration st...
All employers must prevent people with no legal right to be in the UK from working in their organisation. To this end, employers must carry out ch...
LawBite is on a mission to provide business legal advice that is easier to access, clearer to understand and much cheaper. Our on-line legal advice platform can quickly connect you with expert business legal advice. Our friendly, highly qualified business lawyers, solicitors and mediators will give you the guidance and reassurance that comes from customised legal advice for small and medium sized business.
Whether you are bringing or defending a legal claim, outsourcing work, want a business contract review to ward off disagreements, talk to an expert trademark lawyer, resolve a contractual dispute with methods like mediation and arbitration, or getting your new company set up and on the right footing with a robust shareholder agreement and GDPR standards, we can help you succeed.