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Tier 5 Temporary Worker overview of terms and conditions

For people in the creative and sporting and charity workers categories.

For a maximum period of 12 months, or the time given on the Certificate of Sponsorship plus 14 days after the end date given on the Certificate of Sponsorship and up to 14 days before the start date, whichever is the shorter. Creative workers can also apply for an extension for a maximum of 12 months at a time up to a total of 24 months if they remain with the same sponsor. 

For people in the religious workers and international agreement categories.

For a maximum period of 24 months, or the time given on the Certificate of Sponsorship plus 14 days after the end date given on the Certificate of Sponsorship and up to 14 days before the start date, whichever is the shorter. The exceptions to this are for those applying as:

  • private servants in diplomatic households and who were granted entry clearance in that capacity under the Rules in place before 6 April 2012 can apply for an extension for a maximum of 24 months at a time, up to a total of six years; or

  •  private servants in diplomatic households who were granted entry clearance in that capacity under the Rules in place on or after 6 April 2012 can also apply for an extension for a maximum of 24 months at a time up to a maximum of five years or up to the length of their employer’s posting, whichever is shorter; or

  •  employees of overseas governments and international organisations only, who can apply for an extension for a maximum of 24 months at a time, up to a total of six years.

  •  Those providing a service under contract as set out in the General Agreement on Trade In Services (GATS) and other similar trade agreements such as the European Union (EU) - CARIFORUM economic partnership agreement, the EU – Andean multiparty trade agreement and the EU European Union - Chile free trade agreement, can only apply for a maximum stay of 6 months in any 12 month period.

For people in the government authorised exchange category 

For a maximum period of 24 months or the time given on the Certificate of Sponsorship plus 14 days after the end date given on the Certificate of Sponsorship and up to 14 days before the start date, whichever is the shorter for those who: 

  • were granted entry clearance in that capacity under the Rules in place before 6 April 2012; or were
  • granted entry clearance in a research programme, training programme or overseas government language programme under the Rules in place on or after 6 April 2012. 

Or For a maximum period of 12 months, or the time given in the Certificate of Sponsorship plus 14 days after the end date given on the Certificate of Sponsorship and up to 14 days before the start date, whichever is the shorter for those who were granted entry clearance in a work experience programme under the Rules in place on or after 6 April 2012. 

Leave to Remain (Extension) where the previous grant of leave was a Tier 5 (Temporary Worker) Migrant irrespective of category and the migrant had entry clearance

Up to the maximum time allowed in the category or the time given on the Certificate of Sponsorship plus 14 days, whichever is shorter.

Switching into the Tier 5 (Temporary Worker) category 

Sports or entertainer visitors, or visitors (excluding visitors for permitted paid engagements, marriage or civil partnerships or transit) who entered the UK undertaking permitted activities in the sports or creative sectors on or after 24 April 2015, are allowed to switch into the Tier 5 (Temporary Worker) Creative and Sporting sub- category, if they have a valid Certificate of Sponsorship that was assigned to them before they came to the United Kingdom.

Qualifying Work Permit Holders are allowed to switch into the Tier 5 (Temporary Worker) International Agreement subcategory provided their Certificate of Sponsorship shows that they are being sponsored as an overseas government employee in the International Agreement subcategory and they will be continuing in employment with the same organisation.

Overseas Government Employees (granted under paragraphs 160-162 and 164-165 of the Immigration Rules) are allowed to switch into the Tier 5 (Temporary Worker) – International Agreements sub-category of the Points-Based System. 

Qualifying Work Permit Holders are allowed to switch into the Tier 5 (Temporary Worker) Government Authorised Exchange sub-category provided they were previously issued with a work permit for the purpose of employment as a sponsored researcher and have been granted a Certificate of Sponsorship to continue this employment.

Students (paragraphs 57-62 of the Immigration Rules), Students Re-Sitting an Examination (69A-69F), Student Nurses (63-67), Student Union Sabbatical Officers (87A-87F), People Writing up a Thesis, Postgraduate Doctors and Dentists or Tier 4 (General) Migrants (245ZT- 245ZY) can apply to switch into the Tier 5 (Temporary Worker) Government Authorised Exchange sub-category, provided they:

• have lawfully obtained a UK bachelor's, master's degree, PGCE or PGDE during their last grant of leave; and

Switching into the Tier 5 (Temporary Worker) category. Continued.

  • are being sponsored to undertake postgraduate professional training or work experience which is required to obtain a professional qualification or registration in the same professional field as their qualification described above; or

  •  are being sponsored to undertake an internship for up to 12 months which is directly related to the qualification described above;

and

  •  will not be filling a vacancy such that their employer does not intend to employ them at the end of the period of work experience or training.

 

All another switching into Tier 5 (Temporary Worker), or between subcategories of Tier 5 (Temporary Worker), is not permitted.

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