Tier 5 visas are no longer available in the UK. Tier 5 as a category has been replaced by UK Temporary Worker visas, which cater for specific types of workers being sponsored for specific types of jobs.
This article provides a comprehensive overview of what was formerly known as the Tier 5 Visa, now the UK Temporary Worker Visas. We will explore the different visa categories that were available, and the eligibility and procedural requirements that had to be met before the route closed to new applicants in 2021.
Section A: What is a Tier 5 Visa?
The Tier 5 Visa was a category within the UK’s immigration system designed to allow individuals to work in the UK for a temporary period. The primary purpose of this visa was to enable workers from outside the European Economic Area (EEA) and Switzerland to come to the UK to fill short-term roles across various industries.
1. Current UK Visas for Temporary Workers
The term “Tier 5” is no longer in use, and the routes under it are now closed to new applicants. The visa categories previously under Tier 5 are now collectively referred to as “UK Temporary Worker Visas.”
The UK offers a range of temporary visas for individuals who wish to work, study, or experience life in the country for a limited period. These temporary visas, which replaced the previous Tier 5 visas, are essential for various professionals, students, and workers from around the world, allowing them to contribute to the UK economy and gain valuable experience.
Read our comprehensive guide to the UK Temporary Worker Visas here >>
2. What was the Tier 5 Visa?
The Tier 5 (Temporary Worker) visa was a temporary visa for workers in specific sectors. The jobs covered by a Tier 5 visa included creative and sporting workers, religious workers, charity workers, seasonal workers, workers under international agreements and government authorised exchange workers.
Applicants were only eligible for a Tier 5 visa if they held a valid Certificate of Sponsorship (CoS) from an ‘A’-rated employer licensed by the UK Home Office to sponsor workers on Tier 5 visas.
A Tier 5 visa could be granted for between six and twenty-four months, depending on the type of Tier 5 visa given. It was also possible for a dependent partner and dependent children to apply to come to the UK with the Tier 5 visa holder.
The Tier 5 visa was not a route to settlement unless the applicant was a private servant in a diplomatic household who had extended their visa.
It was also not possible for a Tier 5 visa holder to switch between the different Tier 5 categories, but they could apply for an extension to their Tier 5 visa if they had not already exceeded the maximum amount of time allowed on their route.
3. Categories under the Tier 5 Visa
The Tier 5 Visa was divided into several categories, each tailored to specific types of temporary work. These categories addressed the needs of different industries and applicants, ranging from young people seeking work experience to professionals contributing to charitable, creative, or sports organisations.
The key categories that were included under the Tier 5 Visa included:
Table: Comparison of Tier 5 Visa Categories
Category
|
Purpose
|
Duration of Stay
|
Eligibility Criteria
|
Work Rights
|
---|---|---|---|---|
Youth Mobility Scheme
|
Cultural exchange for young people
|
Up to 2 years
|
Age 18-30, nationals of participating countries
|
Full-time work, no restrictions
|
Charity Worker Visa
|
Unpaid voluntary work for a UK charity
|
Up to 12 months
|
Valid CoS from a UK charity, sufficient funds
|
Work only for the sponsoring charity
|
Creative and Sporting Visa
|
Work in the creative or sporting industries
|
Up to 12 months (extendable)
|
Valid CoS, endorsement for sportspeople
|
Work in specified role, 20 hrs supplementary
|
Religious Worker Visa
|
Work in a religious capacity
|
Up to 24 months
|
Valid CoS from a UK religious organisation
|
Work in specified religious role
|
Government Authorised Exchange (GAE)
|
Participation in approved exchange programmes
|
Up to 12 or 24 months
|
Valid CoS, participation in an approved programme
|
Work as specified in the exchange programme
|
International Agreement Visa
|
Work under international law/treaty obligations
|
Up to 24 months
|
Valid CoS, work under an international agreement
|
Work in specified role under the agreement
|
a. Youth Mobility Scheme
This category was designed for young people aged 18-30 from participating countries who wished to live and work in the UK for up to two years. It provided an opportunity for cultural exchange and to gain work experience in the UK without needing a formal job offer before arrival.
b. Temporary Worker – Charity Workers
This category was aimed at individuals coming to the UK to do unpaid voluntary work for a charity. The work had to be directly related to the purpose of the sponsoring charity and not replace a paid worker.
c. Temporary Worker – Creative and Sporting
This visa was for individuals who had been offered work as a creative worker (e.g., an actor, musician, or artist) or as a sports professional in the UK. It allowed them to participate in the UK’s thriving arts, entertainment, and sports industries for a limited period.
d. Temporary Worker – Religious Workers
This category was for individuals wishing to work in a religious capacity, such as preaching or pastoral work, within a religious organisation in the UK.
e. Temporary Worker – Government Authorised Exchange
This visa was designed for individuals coming to the UK through an approved exchange scheme aimed at sharing knowledge, experience, and best practices. It covered a range of exchanges, including internships, training, work experience, and research.
f. Temporary Worker – International Agreement
This category was for individuals who were required to work in the UK under international law or treaty obligations. It included diplomats, employees of overseas governments, and individuals working for international organisations or under contracts covered by international agreements.
Each of these categories under the Tier 5 Visa had specific eligibility criteria and application processes, reflecting the varied nature of temporary work and cultural exchange programmes in the UK.
Section B: Tier 5 Visa Youth Mobility Scheme
One of the primary branches under the Tier 5 visa was the Youth Mobility Scheme.
The Youth Mobility Scheme was designed to allow young people from certain countries to experience life in the UK for a limited period, typically up to two years. This category was popular among young adults seeking to explore the UK, work temporarily, and immerse themselves in British culture.
1. Eligibility Criteria
The following eligibility criteria applied under the old Youth Mobility Scheme:
a. Age: Applicants had to be between 18 and 30 years old.
b. Nationality: Only nationals from participating countries were eligible. These countries included Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Republic of Korea, Taiwan, and British Overseas Territories citizens.
c. Financial Requirement: Applicants were required to have a specified amount of savings (usually around £2,530) to support themselves in the UK.
d. Previous Participation: Applicants could not have previously been granted a visa under the Youth Mobility Scheme or the former Working Holidaymaker Scheme.
e. Sponsorship: Nationals of certain countries (e.g., Japan, Republic of Korea, Hong Kong) needed a Certificate of Sponsorship from their home country.
2. Application Process
Applications for the Youth Mobility Scheme were made online, with the following key steps:
Step 1: Online Application
The process began with an online application through the UK government’s visa portal, where applicants provided personal details, passport information, and the necessary documentation.
Step 2: Biometrics Appointment
Applicants were required to book and attend an appointment at a visa application centre to provide biometrics (fingerprints and a photo).
Step 3: Supporting Documents
Applicants had to submit proof of their nationality, age, and financial means, along with any required sponsorship documents.
Step 4: Visa Decision
The application was typically processed within three weeks, and successful applicants received a visa allowing them to live and work in the UK for up to two years.
Section C: Tier 5 Temporary Worker Visas
The Temporary Worker Visa encompassed several subcategories, each tailored to different types of temporary work in the UK. These visas allowed individuals to work in specific roles, often linked to cultural exchange, charitable work, or international agreements. The main subcategories under the Temporary Worker Visa were:
1. Temporary Worker – Charity Workers
This category was for individuals who wished to undertake unpaid voluntary work for a registered UK charity. Applicants needed a Certificate of Sponsorship from a UK-based charity, and the role had to be directly related to the charity’s work. The applicant could not have been replacing a paid worker, and there was usually a requirement to demonstrate previous experience or qualifications related to the voluntary role.
Applicants had to apply online, providing details about their sponsoring charity, the voluntary role, and their personal information. A Certificate of Sponsorship issued by the charity was also required and the applicant needed to prove they had enough savings to support themselves during their stay in the UK.
After submitting the application, attending a biometrics appointment, and providing the necessary documentation, the visa was typically processed within three weeks.
2. Temporary Worker – Creative and Sporting
This category was designed for individuals in the creative arts and sports industries, such as actors, musicians, artists, and athletes. Applicants needed a Certificate of Sponsorship from a UK-based employer, demonstrating that their work was essential and short-term. Additionally, sportspeople required endorsement from their relevant sports governing body.
Applicants applied online and provided details about their creative or sporting role, along with the sponsoring organisation.
A Certificate of Sponsorship and, if applicable, an endorsement from a sports governing body were required. Financial requirements had to be met, proving the applicant could support themselves.
The process also included a biometrics appointment and a three-week processing time for visa issuance.
3. Temporary Worker – Religious Workers
This visa was intended for individuals coming to the UK to work in a religious capacity, such as ministers of religion, missionaries, or pastoral workers. The applicant needed a Certificate of Sponsorship from a religious organisation in the UK and had to demonstrate their role was related to preaching, pastoral work, or other religious activities.
Applicants applied online, providing details about their religious role and sponsoring organisation. A Certificate of Sponsorship from the religious organisation was required. The applicant needed to show they had sufficient funds to support themselves during their stay.
The application process included a biometrics appointment and a typical processing time of three weeks.
4. Temporary Worker – Government Authorised Exchange
This category was for individuals coming to the UK under an approved exchange scheme that promoted sharing knowledge, experience, and best practices. It covered internships, training programmes, research, and work experience. The applicant needed a Certificate of Sponsorship from an approved organisation operating the exchange programme.
Applicants applied online, detailing their participation in the government-authorised exchange programme and providing information about the sponsoring organisation. A Certificate of Sponsorship from the exchange programme provider was necessary. Financial proof of the applicant’s ability to support themselves in the UK was required.
As with other categories, a biometrics appointment was necessary, followed by a three-week processing time.
5. Temporary Worker – International Agreement
This category applied to individuals working in the UK under international law, treaty obligations, or contracts covered by international agreements. This included diplomats, employees of overseas governments, and staff of international organisations. A Certificate of Sponsorship from the relevant organisation was required.
The application was made online, with details provided about the work under the international agreement and the sponsoring organisation. A Certificate of Sponsorship from the employer or organisation was needed, and applicants had to demonstrate they could support themselves financially during their stay in the UK.
The process also included a biometrics appointment, with visa processing usually completed within three weeks.
Section D: Eligibility Requirements for the Tier 5 Visa (UK Temporary Worker Visa)
Tier 5 visa applicants had to evidence their eligibility under requirements that were specific to their visa category and to a set of general Tier 5 criteria.
1. General Requirements
The Tier 5 visa imposed certain general eligibility requirements, in addition to the category-specific criteria, which included:
a. Age
Applicants had to be at least 18 years old. The Youth Mobility Scheme also featured an upper age limit of 30 years.
b. Certificate of Sponsorship
With the exception of some Youth Mobility Scheme applicants, Tier 5 applicants required sponsorship by a UK employer. The sponsor would assign a unique Certificate of Sponsorship to the applicant who could then make their visa application. The Certificate of Sponsorship provided details of the job or role the applicant will undertake and confirms that the sponsor has met the eligibility requirements to bring the individual to the UK.
c. Intention to Return
Applicants had to demonstrate their intention to return to their home country at the end of their visa period. This usually involves showing ties to their home country, such as ongoing employment, family connections, or property ownership.
d. English Language Requirement
While most Tier 5 categories did not require proof of English language proficiency, the applicant should be able to understand and communicate in basic English, especially in roles where communication is essential.
e. Compliance with Immigration Rules
Applicants must not have violated UK immigration laws in the past, and they must adhere to the conditions of their visa during their stay.
[Insert table 5]
2. Specific Requirements for Different Tier 5 Categories
In addition to the general eligibility criteria, each Tier 5 Visa category had specific requirements tailored to the type of work or exchange programme:
a. Youth Mobility Scheme
i. Participating Countries: Applicants had to be nationals of countries participating in the Youth Mobility Scheme, such as Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Republic of Korea, Taiwan, and British Overseas Territories citizens.
ii. Age Requirement: Applicants had to be between 18 and 30 years old.
iii. Previous Visa History: Applicants could not have previously been granted a visa under the Youth Mobility Scheme or the former Working Holidaymaker Scheme.
iv. Sponsorship: Nationals of certain countries (e.g., Japan, Republic of Korea, Hong Kong) required a Certificate of Sponsorship from their home country.
b. Temporary Worker – Charity Workers
i. Voluntary Role: The role must have been unpaid and directly related to the charity’s work. It could not have replaced a paid position.
ii. Certificate of Sponsorship: The applicant must have a CoS from the UK charity that details the voluntary work they will undertake.
c. Temporary Worker – Creative and Sporting
i. Role Type: The applicant must have been coming to the UK to perform as a creative worker (e.g., actor, musician, artist) or as a sportsperson. The role must have been short-term and essential.
ii. Endorsement: For sports professionals, an endorsement from the relevant UK sports governing body was required.
iii. Certificate of Sponsorship: The applicant must have been assigned a CoS from a UK-based employer or organisation detailing the work or event they were to be involved in.
d. Temporary Worker – Religious Workers
i. Religious Role: The applicant must have been coming to the UK to work in a religious capacity, such as preaching, pastoral work, or other religious duties.
ii. Certificate of Sponsorship: A CoS from a UK religious organisation was required, detailing the work the applicant was to perform.
e. Temporary Worker – Government Authorised Exchange
i. Approved Programme: The applicant must have been participating in an approved government-authorised exchange programme in the UK, such as internships, training, or work experience.
ii. Certificate of Sponsorship: A CoS from the organisation operating the exchange programme was required.
f. Temporary Worker – International Agreement
i. International Role: The applicant must have been coming to the UK to work under an international law or treaty obligations, such as diplomats, employees of overseas governments, or international organisations.
ii. Certificate of Sponsorship: A CoS from the relevant international organisation or employer was required.
3. Financial Requirements and Proof of Funds
Financial requirements were a critical part of the Tier 5 Visa application process. These requirements ensured that applicants had enough funds to support themselves while in the UK without needing to rely on public funds.
a. Maintenance Funds
Applicants had to demonstrate that they have sufficient personal savings to support themselves during their stay in the UK. The required amount is typically around £1,270, but this varied depending on the category and the applicant’s circumstances.
The funds must have been held in the applicant’s bank account for at least 28 consecutive days prior to the visa application.
b. Exemption for Sponsors
In some cases, the sponsor (employer or organisation) could certify that they would provide maintenance and accommodation for the applicant during their stay. If this was the case, the applicant could have been exempt from the requirement to show personal savings.
c. Proof of Funds
Applicants had to provide bank statements or other financial documents as proof of funds. These documents must have clearly shown that the required amount had been available for at least 28 consecutive days.
d. Dependent Requirements
If the applicant was bringing dependents (such as a spouse or children) to the UK, additional funds had to be available. The amount required per dependent was usually around £285 per partner, £315 per first child, and £200 per additional child.
Section E: Application Process for the Tier 5 Visa (UK Temporary Worker Visa)
Applications for the Tier 5 visa were made online, on the Home Office website, in most cases from overseas.
1. Step-by-Step Guide to Applying for a Tier 5 Visa
Applying for the Tier 5 Visa involved several steps, from gathering the necessary documents to completing the online application.
Table: Steps in the Application Process
Step
|
Description
|
Key Actions
|
Notes
|
---|---|---|---|
Determine Eligibility
|
Check eligibility for specific visa category
|
Review criteria for chosen Tier 5 category
|
Ensure all conditions are met before applying
|
Obtain Certificate of Sponsorship
|
Secure sponsorship from a UK employer/organisation
|
Receive CoS reference number
|
Not required for Youth Mobility Scheme
|
Gather Required Documents
|
Collect necessary documentation
|
Passport, financial evidence, qualifications, CoS
|
Ensure all documents are up-to-date
|
Complete Online Application
|
Fill out application form online
|
Provide personal details, upload documents, pay fees
|
Double-check for accuracy
|
Book Biometrics Appointment
|
Schedule and attend appointment
|
Provide fingerprints and photograph
|
Required for all applicants
|
Await Decision
|
Wait for application processing
|
Track application status online
|
Processing time varies by visa category
|
Receive Visa and Prepare for Travel
|
Get visa approval and prepare for UK entry
|
Collect visa vignette, plan travel arrangements
|
Ensure all entry documents are in order
|
Step 1: Determine Eligibility and Visa Category
The first stage for applicants was to verify eligibility under the general and specific eligibility criteria for the relevant Tier 5 Visa category.
Step 2: Obtain a Certificate of Sponsorship
Secure a valid Certificate of Sponsorship from a licensed UK sponsor. This certificate is a reference number that your sponsor gives you and contains information about the job or role you will undertake in the UK. The Certificate of Sponsorship was a mandatory requirement for Tier 5 Visa applications, except for some Youth Mobility Scheme applicants.
Step 3: Gather Required Documents
Collect all necessary documents for your visa application. These typically included:
a. Certificate of Sponsorship (CoS): Provided by your UK sponsor.
b. Valid Passport: Must be current and have a blank page for the visa.
c. Financial Proof: Bank statements showing you have sufficient funds to support yourself (usually £1,270 held for at least 28 days).
d. Proof of English Language Proficiency (if required): Generally, this is not required for most Tier 5 categories.
e. Additional Documents: Depending on the specific category, you may need additional documents, such as an endorsement from a sports governing body (for Creative and Sporting visas), proof of qualification for the role, or a TB test certificate if you’re from a country where this is required.
Step 4: Complete the Online Application Form
Applicants completed the application form on the UK government’s visa and immigration website. This involved inputting personal information, details about the visa category, and the applicant’s Certificate of Sponsorship reference number.
Some supporting documents may have needed to be scanned and uploaded as part of the application.
The application fee then needed to be paid. The fee level varied, depending on the visa category and the applicant’s country of origin.
Applicants also had to pay the Immigration Health Surcharge to gain access to the UK’s National Health Service. At the time the Tier 5 route was open, the surcharge cost £624 per year for most applicants.
Step 5: Book and Attend a Biometrics Appointment
After submitting the online application, applicants then needed to book an appointment at a visa application centre to provide their biometrics (fingerprints and photograph), and submit their passport and other supporting documents if required.
Step 6: Application Processing
After the biometrics appointment, the application would be processed. Once a decision was made, the applicant was notified, and their passport was returned, with the visa attached if the application was successful.
Successful applicants received a vignette (sticker) in their passport, allowing them to enter the UK. This vignette was usually valid for 30 days. After arriving in the UK, the visa holder would need to collect their Biometric Residence Permit (BRP) as proof of their immigration status.
2. Required Documents
Tier 5 visa applications required certain supporting documents to be submitted to evidence eligibility. The specific documents required varied depending on the visa category, but the essential documents included:
Table: Required Documents for Tier 5 Visa Application
Document
|
Purpose
|
Details
|
Required for
|
---|---|---|---|
Certificate of Sponsorship (CoS)
|
Proof of sponsorship
|
Issued by licensed sponsor, includes details of the role
|
All Tier 5 Visa categories except Youth Mobility Scheme
|
Passport
|
Proof of identity and nationality
|
Must be valid with at least one blank page
|
All applicants
|
Financial Evidence
|
Proof of sufficient funds
|
Bank statements showing required balance held for 28 days
|
All applicants
|
Proof of Qualifications/Experience
|
Demonstrate eligibility for specific roles
|
Certificates, diplomas, or endorsements from relevant bodies
|
Creative and Sporting, Religious Worker, etc.
|
Tuberculosis Test Certificate
|
Health requirement
|
Required for applicants from certain countries
|
Applicants from specified countries
|
English Language Proficiency
|
Demonstrate ability to communicate in English
|
Test results (e.g., IELTS), degree taught in English
|
Some categories, depending on role
|
a. Certificate of Sponsorship: A unique reference number provided by the UK sponsor, detailing the role and confirming their eligibility.
b. Valid Passport: A current passport with at least one blank page for their visa.
c. Financial Evidence: Bank statements showing that the applicant had maintained the required amount of savings (usually £1,270) for at least 28 days.
d. Proof of Qualifications and Experience: Depending on the visa category, applicants may have needed to provide evidence of qualifications or experience relevant to the role.
e. English Language Proficiency: Although not generally required for most Tier 5 categories, some applicants may have needed to provide proof of English proficiency for some roles.
f. Tuberculosis Test Results: If the applicant was from a country where a TB test was mandatory for UK visa applicants, they would need to have provided a certificate showing they were clear of tuberculosis.
g. Additional Supporting Documents: Depending on the visa category, the applicant may have needed additional documents such as an endorsement from a sports governing body, proof of relationship for dependents, etc.
3. Processing Times and Costs
The standard processing time for a Tier 5 Visa was typically around 3 weeks from the date of the biometrics appointment. However, processing times could vary depending on the time of year, the country of application, and any additional checks required.
The application fee varied depending on the visa category and the applicant’s nationality. Generally, the fee for most Tier 5 visas ranged from £244 to £259.
Faster decisions were available under the optional priority services at an additional cost. Priority service usually delivered a decision within 5 working days, while super priority service provided a decision by the end of the next working day.
Section F: Duration and Conditions of Stay for the Tier 5 Visa
The UK’s former Tier 5 Visa was designed for individuals seeking temporary work or cultural exchange in the UK. The duration of stay and conditions attached to the visa varied depending on the specific category under which the visa was issued.
1. Tier 5 Duration of Stay
The duration of stay permitted under the Tier 5 Visa varies depending on the specific category:
a. Youth Mobility Scheme
Visa holders under the Youth Mobility Scheme were allowed to stay in the UK for up to 2 years. This was a fixed duration, and the visa could not be extended beyond this period.
Visa holders could leave and re-enter the UK multiple times during the 2-year period, but the visa could not be extended or renewed.
b. Temporary Worker – Charity Workers
This visa was typically granted for up to 12 months or the duration specified on the Certificate of Sponsorship, whichever was shorter.
Visa holders were allowed to leave and re-enter the UK multiple times during their visa validity, provided their role continued.
c. Temporary Worker – Creative and Sporting
For Creative Workers, the visa was usually granted for up to 12 months, with the possibility of extension for a further 12 months if needed. For Sporting Workers, the visa was granted for up to 12 months or the duration of the job, whichever was shorter, with the possibility of extension.
Visa holders could leave and re-enter the UK multiple times during their visa period.
d. Temporary Worker – Religious Workers
The visa was typically issued for up to 24 months or the duration specified on the Certificate of Sponsorship, whichever was shorter.
Visa holders could leave and re-enter the UK multiple times during the visa period.
e. Temporary Worker – Government Authorised Exchange
The visa is granted for up to 12 or 24 months, depending on the specific exchange programme. The exact duration will be specified in the Certificate of Sponsorship.
Multiple entries were allowed during the visa validity, provided the exchange programme continued.
f. Temporary Worker – International Agreement
The visa was typically granted for up to 24 months or the duration specified in the Certificate of Sponsorship, depending on the international agreement or treaty under which the work was being performed.
Visa holders could leave and re-enter the UK multiple times during the visa validity.
2. Tier 5 Visa Conditions
Each Tier 5 Visa category had specific conditions and restrictions that visa holders had to comply with during their stay in the UK:
a. Work Restrictions
Visa holders were only permitted to work in the role specified in their Certificate of Sponsorship. Engaging in any other employment outside of this role was not allowed unless explicitly permitted by the visa category.
Some categories, such as Charity Workers, allowed voluntary work, but this had to be directly related to the sponsor’s charitable activities and could not involve payment.
In some cases, visa holders could take up supplementary employment (e.g., additional paid work) for up to 20 hours per week, provided it was in the same sector and at the same level as the main job listed on the Certificate of Sponsorship.
b. Study Restrictions
Visa holders were allowed to study in the UK, but in some cases, they may have needed to obtain an Academic Technology Approval Scheme (ATAS) certificate before starting certain courses.
c. Public Funds
Tier 5 Visa holders were not permitted to access public funds (e.g., benefits, housing assistance) during their stay in the UK.
d. Dependants
Visa holders were permitted to bring their spouse/partner and children under 18 under a dependent visa to the UK, but they had to demonstrate that they could financially support their dependents without access to public funds.
e. Reporting Duties
Visa holders had to comply with UK immigration laws and regulations, including reporting any changes in circumstances (e.g., change of employer, address) to the Home Office.
Section G: Rights and Responsibilities
The Tier 5 Visa carried certain rights and responsibilities for visa holders.
1. Work Rights
Tier 5 Visa holders had specific rights regarding the type of work they could do and the conditions under which they could work in the UK. These rights varied slightly depending on the specific visa category.
Visa holders were allowed to work only in the role specified in their Certificate of Sponsorship. This role was directly linked to the purpose of the visa category, such as charitable work, creative work, or a government-authorised exchange programme.
In some cases, you could take up supplementary employment alongside their main job. This supplementary work was typically limited to the following:
a. A maximum of 20 hours per week.
b. The same sector and level as their primary role (e.g., if your primary role was as an actor, they could take up another acting job).
c. Work during hours outside of their main job without affecting their primary responsibilities.
Those with a Charity Worker visa were also permitted to engage in voluntary work directly related to the sponsoring charity’s activities. This work had to be unpaid and should not have replaced a paid role.
There were generally no restrictions on the number of hours visa holders could work in their primary role as long as it aligned with the terms of the visa and the Certificate of Sponsorship and complied with UK employment laws on working hours.
For supplementary employment, the limit was typically 20 hours per week.
2. Visa Restrictions
Visa holders could not switch employers unless they applied for a new visa.
Most Tier 5 visa holders were also not permitted to be self-employed or start their own business unless explicitly allowed under their specific visa category.
Certain Tier 5 categories, such as Charity Workers, did not allow work in specific public sector roles like health and social care.
3. Conditions Related to Family Members
Tier 5 Visa holders could bring their family members (dependants) to the UK under certain conditions. Dependants included their spouse or partner and children under the age of 18.
Spouses or unmarried partners had to demonstrate they had been living together with the main visa holder in a genuine relationship for at least two years prior to the application date.
Dependent children under 18 years old could also accompany the principal visa holder, provided they could show adequate accommodation and financial means to support them without relying on public funds.
Sufficient funds were also needed to support dependants during their stay in the UK:
a. £285 for spouse/partner
b. £315 for the first child
c. £200 for each additional child
These funds had to have been held for at least 28 days before the application in either the main applicant’s or their partner’s bank account.
Dependants applied for their visas either at the same time as the main applicant or after they had been granted their visa.
Dependents were also liable to pay the visa application fee and the Immigration Health Surcharge (IHS) to access the UK’s National Health Service (NHS).
Section H: Post-Tier 5 Visa Options
Tier 5 was a temporary visa designed only to permit short-term stays for specific work-related purposes. However, in some situations, it may have been possible to apply to extend the visa or to change visa category, without leaving the country.
1. Extending a Tier 5 Visa
Extensions were only permitted in some Tier 5 Visa categories.
The Youth Mobility Scheme did not permit extensions, whereas other categories like Charity Workers, Creative and Sporting Workers, Religious Workers, and those under Government Authorised Exchange were eligible for extension. Extensions under these routes were typically allowed if the original Certificate of Sponsorship covered a longer duration or if the sponsor issued.
2. Switching to Another Visa
Switching from a Tier 5 Visa to another visa category was possible only in certain circumstances, largely depending on the specific type of Tier 5 Visa held and the visa category being sought.
The most common visa categories to switch to from a Tier 5 Visa included:
a. Skilled Worker Visa (formerly Tier 2 General Visa)
This was one of the most common routes for Tier 5 Visa holders who wished to continue working in the UK, as it offered an extended stay and a pathway to settlement. To switch to this category, a qualifying job offer from a UK sponsor was a mandatory requirement.
b. Student Visa
The Student Visa (formerly Tier 4 Visa) was open to those wanting to pursue a course of education in the UK. The requirements included sponsorship by a licensed UK education institution.
c. Family Visa
Those in a relationship with a British citizen or someone settled in the UK may have been eligible to switch to a Family Visa. This route was often pursued by those who marry or enter into a civil partnership with a UK resident during their stay.
Applicants had to hold a valid Tier 5 Visa at the time of application and must not have overstayed their visa.
3. Long-Term Residency and ILR
Switching from a Tier 5 Visa to another visa category could also impact long-term residency options and offer a path to settlement (Indefinite Leave to Remain, or ILR) in the UK.
The time spent in the UK under certain visa categories, such as the Skilled Worker Visa, counted towards the 5-year qualifying period required for ILR. However, time spent under a Tier 5 Visa typically did not count towards this period, so switching to a visa that does qualify was important if the goal was to settle in the UK.
For ILR, applicants needed to maintain continuous residency in the UK. This meant spending no more than 180 days outside the UK in any 12-month period during the qualifying period.
With ILR status for at least 12 months, individuals could become eligible to apply for British citizenship. The requirements for naturalisation include demonstrating good character, knowledge of the English language, and life in the UK, as well as meeting residency requirements.
Section I: Summary
The old Tier 5 visa was a temporary work visa under the UK’s points-based immigration system, aimed at allowing individuals to come to the UK for short-term work. It covered several subcategories, including charity workers, creative and sporting professionals, religious workers, and those participating in government-authorised exchange programmes. Each subcategory had specific criteria and allowed individuals to work in the UK for a set period, typically between 12 to 24 months, depending on the visa type.
Tier 5 visa holders were required to have a valid Certificate of Sponsorship (CoS) from a licensed UK employer or organisation. The work permitted under the Tier 5 visa was limited to the role specified in the CoS, and holders were not allowed to take permanent roles or extend beyond the specified duration in most cases.
The Tier 5 visa has now been replaced by the UK Temporary Worker Visa, which continues to serve the same purpose but under updated terminology. The structure remains largely the same, with temporary workers needing sponsorship for specific short-term roles. The changes reflect ongoing updates to the UK’s immigration system, aligning it with the country’s needs for temporary foreign labour.
Section J: Tier 5 Visa FAQs
What is the Tier 5 Visa now called?
The Tier 5 Visa is now referred to as the UK Temporary Worker Visa. The terminology was updated to better reflect the nature of the visa categories it encompasses.
Who is eligible for the Youth Mobility Scheme under the Tier 5 Visa?
The previous Tier 5 Youth Mobility Scheme is available to individuals aged 18 to 30 from participating countries, including Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Republic of Korea, Taiwan, and British Overseas Territories citizens. Applicants must meet specific financial requirements and have not previously held this visa or the Working Holidaymaker visa.
Can I bring my family with me on a Tier 5 Visa?
In most cases, except for the Youth Mobility Scheme, Tier 5 visa holders were able to bring their spouse or partner and children under 18 as dependants, if they were eligible.
What are the common reasons for Tier 5 Visa rejection?
Common reasons included incomplete or incorrect documentation, insufficient financial evidence, issues with the Certificate of Sponsorship (CoS), failure to meet eligibility criteria, previous immigration violations, and health or character issues.
Can I extend my Tier 5 Visa?
Extensions were possible in some Tier 5 categories, such as for Charity Workers, Creative and Sporting Workers, and Religious Workers. The Youth Mobility Scheme, however, does not allow for extensions.
Can I work a second job on a Tier 5 Visa?
Tier 5 visa holders could take up supplementary employment, typically limited to 20 hours per week, in addition to their primary job, provided it was in the same sector and at the same level as their main job.
Does time spent on a Tier 5 Visa count towards Indefinite Leave to Remain (ILR)?
Time spent on a Tier 5 Visa generally does not count towards the 5-year qualifying period for ILR. However, if you switch to a different visa category that does lead to ILR, such as the Skilled Worker Visa, your time under that visa will count towards the residency requirement.
Section K: Glossary
Term
|
Definition
|
---|---|
UK Temporary Worker Visa
|
The current name for the visa category that allows individuals to work in the UK for a temporary period.
|
Tier 5 Visa
|
The previous name for the UK Temporary Worker Visa, before the terminology was updated.
|
Certificate of Sponsorship (CoS)
|
A unique reference number issued by a licensed UK sponsor confirming the individual’s job or role.
|
Youth Mobility Scheme (YMS)
|
A visa subcategory that allows young people from certain countries to live and work in the UK for up to two years.
|
Charity Worker Visa
|
A subcategory of the UK Temporary Worker Visa for individuals doing unpaid voluntary work for a charity in the UK.
|
Creative and Sporting Visa
|
A subcategory of the UK Temporary Worker Visa for creative professionals or sportspeople coming to the UK for short-term work.
|
Religious Worker Visa
|
A subcategory of the UK Temporary Worker Visa for individuals coming to the UK to work in a religious capacity.
|
Government Authorised Exchange (GAE) Visa
|
A subcategory of the UK Temporary Worker Visa for individuals participating in approved exchange programmes in the UK.
|
International Agreement Visa
|
A subcategory of the UK Temporary Worker Visa for individuals coming to the UK under international agreements or treaties.
|
Immigration Health Surcharge (IHS)
|
A fee that visa applicants pay to access healthcare through the National Health Service (NHS) during their stay in the UK.
|
Indefinite Leave to Remain (ILR)
|
A status that allows individuals to live and work in the UK without time restrictions, similar to permanent residency.
|
Biometric Residence Permit (BRP)
|
An identity card issued to visa holders in the UK as proof of their immigration status.
|
Administrative Review
|
A process that allows visa applicants to challenge a visa refusal if they believe it was made in error by the Home Office.
|
Supplementary Employment
|
Additional work that a visa holder can undertake alongside their main job, usually limited to 20 hours per week.
|
Public Funds
|
Government benefits and financial assistance that visa holders are generally not allowed to access during their stay.
|
Sponsor
|
A UK-based employer or organisation licensed by the Home Office to sponsor foreign workers or participants under a visa category.
|
Endorsement
|
An official approval from a recognised body (such as a sports governing body) that is required for certain visa categories.
|
Overstaying
|
Staying in the UK beyond the expiration date of your visa, which is illegal and can result in penalties, including a ban from re-entering the UK.
|
Section L: Additional Resources
UK Visas and Immigration
https://www.gov.uk/government/organisations/uk-visas-and-immigration
The official UK government website for visa and immigration guidance, including up-to-date information on UK Temporary Worker Visas, eligibility, and application processes.
Apply for a UK Temporary Worker Visa
https://www.gov.uk/tier-5-temporary-worker-visa
Detailed information on the different subcategories of the UK Temporary Worker Visa (previously Tier 5), with guidance on how to apply, the required documents, and processing times.
Check If You Need a UK Visa
https://www.gov.uk/check-uk-visa
A quick tool to check whether you need a visa to work in the UK, based on your nationality, the type of work you will be doing, and your length of stay.
Sponsor Management System (SMS)
https://www.gov.uk/uk-visa-sponsorship-employers
Guidance for UK employers on how to become a licensed sponsor, issue Certificates of Sponsorship (CoS), and comply with immigration regulations.
Immigration Health Surcharge (IHS)
https://www.gov.uk/healthcare-immigration-application
Information on the Immigration Health Surcharge, including how much you need to pay and how to use the National Health Service (NHS) in the UK as a visa holder.
Administrative Review for Visa Refusals
https://www.gov.uk/ask-for-a-visa-administrative-review
Details on how to request an administrative review if your UK visa application is refused, and what the review process involves.
Find an Immigration Adviser
https://www.gov.uk/find-an-immigration-adviser
A searchable directory of licensed immigration advisers in the UK, offering advice on visa applications, extensions, and appeals.
UK Skilled Worker Visa
https://www.gov.uk/skilled-worker-visa
Information on switching from a Tier 5 Visa to the Skilled Worker Visa, with details on eligibility, the application process, and employer sponsorship.
Extend Your UK Visa
https://www.gov.uk/extend-visa
A guide on how to extend your stay in the UK if your current visa is about to expire, including what documents are needed and eligibility criteria.
Indefinite Leave to Remain (ILR)
https://www.gov.uk/indefinite-leave-to-remain
Official UK government guidance on applying for Indefinite Leave to Remain, which allows you to settle in the UK permanently after meeting the residency requirements.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/