Amendments to Tier 5 of the Points-Based System - ICS Legal Blog

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Amendments to Tier 5 of the Points-Based System

Tier 5 of the Points-Based System caters for youth mobility and temporary workers coming for primarily non-economic purposes, and consists of two categories: Tier 5 (Youth Mobility Scheme) and Tier 5 (Temporary Workers). The Temporary Workers category consists of five sub-categories: Creative and Sporting, Charity Workers, Religious Workers, Government Authorised Exchange, and International Agreement. Applicants must have a Tier 5 Sponsor, which is usually their UK employer.

The International Agreement sub-category provides for workers who may be admitted under the UK’s international commitments, but who are not otherwise covered by provisions in the Immigration Rules. Changes are being made to this sub-category to make provision for independent professionals seeking admission under the relevant commitments in certain international trade agreements to which the UK is a party. The changes require such professionals to have a university degree or a technical qualification demonstrating knowledge of an equivalent level, any professional qualifications required by law or other regulations for them to exercise the activity in question in the UK, and at least six years’ professional experience in the sector concerned.

Further changes are being made to this sub-category to expand the provision for contractual service suppliers (who do not otherwise have a UK presence) seeking admission under the relevant commitments in certain international trade agreements to which the UK is
a party. These changes make specific provisions as to the skills and experience requirements for contractual service suppliers providing fashion model services, entertainment services (other than audiovisual services) and chef de cuisine services.

A minor correction is being made to the Government Authorised Exchange subcategory, to clarify that applicants being sponsored in a research programme or training programme may be granted leave for up to two years (as opposed to one year for those sponsored in a work experience programme). This detail was accidentally deleted by HC 760, which was laid on 22 November 2012. The extension process for migrants under the Tier 5 International Agreement route is being simplified by increasing leave from 1 year to 2 years. The lists of Permit Free Festivals and Tier 5 Government Authorised Exchange Schemes are being updated.  If you currently hold a Tier 5 work visa and would like to discuss how this impacts your stay in the UK following the new changes, speak to us today on 0207 237 3388 or e-mail us your query to info@icslegal.com.