Temporary Work Visa (Formerly Tier 5): A Comprehensive Guide to Requirements and Application Process

We will be showing you how you can apply for a Temporary work visa, which is formally known as a Tier 5 visa. Also, we will share some of the common reasons for refusal and tips for Success.

Please, we encourage you to read to the end to learn how you can successfully apply for temporary work visas without facing any issues.

Temporary Work Visa (Formerly Tier 5): A Comprehensive Guide to Requirements and Application Process for

The UK Temporary Work Visa, previously known as the Tier 5 Visa, enables foreign nationals to work in the UK on a short-term basis in specific fields.

It includes various categories for temporary employment, such as the Creative Worker, Charity Worker, Religious Worker, Government Authorized Exchange, and International Agreement visas. This visa allows organizations in the UK to bring in overseas talent for specific, time-limited roles that benefit the UK economy and cultural landscape.

Here’s a detailed guide on the eligibility requirements, application process, and how to make a successful application for the UK Temporary Work Visa.

1. Overview of the UK Temporary Work Visa

The Temporary Work Visa is designed for individuals seeking short-term employment in the UK. Each category of this visa type serves a specific purpose:

• Creative Worker Visa: For artists, musicians, actors, and other creative professionals.
• Charity Worker Visa: For individuals volunteering with charitable organizations.
• Religious Worker Visa: For individuals who will work within a religious institution.
• Government Authorized Exchange Visa: For individuals participating in approved schemes that promote exchange and learning.
• International Agreement Visa: For workers covered by international treaties, including diplomats and those employed in embassies.

Each of these visa categories allows applicants to work in the UK for a set period and under certain conditions. Importantly, all categories require a UK-based sponsor who has been authorized by the Home Office to issue a Certificate of Sponsorship (CoS) for the Temporary Work Visa.

2. Eligibility Requirements for the Temporary Work Visa

To be eligible for any Temporary Work Visa category, applicants must meet a specific set of requirements. The primary eligibility criteria are as follows:

A. Sponsorship by an Approved UK Sponsor

• Applicants must have a Certificate of Sponsorship (CoS) from a licensed UK sponsor who has been approved to employ foreign nationals under the Temporary Work Visa route.
• The CoS must detail the job role, duration, and category of the Temporary Work Visa for which the applicant is applying.

B. Sufficient Financial Resources

• Applicants must demonstrate that they have sufficient personal funds to support themselves in the UK. Generally, this means holding at least £1,270 in savings for 28 consecutive days.
• If the sponsor is “A-rated,” they may certify the maintenance requirement on behalf of the applicant, meaning the applicant does not need to show proof of funds.

C. Age Requirement

• Applicants must be at least 18 years old to qualify for a Temporary Work Visa.

3. Specific Requirements by Visa Category

Each subcategory of the Temporary Work Visa has unique eligibility requirements tailored to the type of work or activity permitted under that route.

Creative Worker Visa

• Eligible Roles: Includes actors, dancers, musicians, and creative professionals.
• Conditions: Must have a job offer in the UK’s creative sector and a valid Certificate of Sponsorship. Creative roles are typically restricted to a duration of up to 12 months, with the option to extend for an additional 12 months.

Charity Worker Visa

• Eligible Roles: Voluntary unpaid work with a registered UK charity.
• Conditions: The visa holder cannot be paid for their work, although reasonable expenses may be covered by the sponsor.

Religious Worker Visa

• Eligible Roles: Roles involving pastoral and religious work in the UK.
• Conditions: Applicants must be engaged in work aligned with the organization’s religious aims and values. This visa typically allows for a stay of up to 24 months.

Government Authorized Exchange Visa

• Eligible Roles: Temporary work or training under an approved government-sponsored scheme, such as internships, training, or research programs.
• Conditions: The specific duration of stay varies depending on the scheme, but generally ranges between 12 and 24 months.

International Agreement Visa

• Eligible Roles: For individuals working under international treaties, such as diplomats or embassy employees.
• Conditions: The work must be covered by an international agreement, and applicants must have a CoS issued by a UK sponsor with a connection to the relevant treaty.

4. How to Apply for the Temporary Work Visa

The application for a Temporary Work Visa is an online process. Here’s a step-by-step breakdown of the process:

Step 1: Secure a Certificate of Sponsorship

• The UK-based employer or organization must issue a Certificate of Sponsorship. This certificate is valid for three months and includes a unique reference number, which the applicant will need for their visa application.

Step 2: Prepare Required Documents

• Gather essential documents, including a valid passport, proof of sufficient funds, and your Certificate of Sponsorship. Additional documents may be required based on the visa category.
• If applicable, prepare proof of English language ability, although this requirement is generally not applicable for most Temporary Work Visa categories.

Step 3: Complete the Online Application

• Log in to the UK Visas and Immigration (UKVI) website, select the appropriate Temporary Work Visa category, and complete the application form.
• Enter details of your Certificate of Sponsorship and confirm your travel plans and employment details.

Step 4: Pay the Application Fees

• The application fee for the Temporary Work Visa is typically £259. Applicants will also need to pay the Immigration Health Surcharge (IHS) of £624 per year, which grants access to the National Health Service (NHS) in the UK.

Step 5: Book a Biometric Appointment

• Schedule an appointment at a visa application center to submit your biometric information (fingerprints and photograph).
• In some cases, you may be asked to attend an interview, where you’ll provide additional information about your intended activities in the UK.

Step 6: Await Visa Decision

• Processing times are generally three weeks if applying from outside the UK and eight weeks if applying from within the UK. Some applicants may be eligible for priority or super-priority processing for an additional fee.

5. Required Documents for the Temporary Work Visa Application

To ensure a smooth application process, prepare the following documents:

• Passport or Travel Document: Must be valid for the duration of your stay in the UK.
• Certificate of Sponsorship (CoS): Provided by your UK sponsor, detailing the role and visa category.
• Proof of Funds: Bank statements showing a minimum of £1,270 in savings, held for at least 28 consecutive days (unless maintenance is certified by the sponsor).
• Proof of Relationship (for dependants): Documents such as marriage certificates for spouses or birth certificates for children.
• TB Test Results: Required if applying from a country where TB testing is mandatory.
• Additional Documents: Based on the visa subcategory, further documentation might be required, such as employment letters or evidence of qualifications.

The Temporary Work Visa allows certain family members, including a spouse, civil partner, and children under 18, to join the visa holder in the UK. Dependants must make separate visa applications, and each dependant must meet the maintenance requirements, which generally means holding additional funds in savings.

Required Documents for Dependants:

• Passport or travel document for each dependant
• Evidence of funds (typically £285 for a partner, £315 for the first child, and £200 for each additional child)
• Proof of relationship to the main visa holder

7. Visa Conditions and Rights

Holders of the UK Temporary Work Visa enjoy specific rights and must adhere to set conditions:

• Permitted Work Activities: Visa holders may work only in the role outlined in their Certificate of Sponsorship.
• Limitations: Temporary Work Visa holders cannot switch to a different visa category within the UK or access public funds.
• Duration: Each visa subcategory has its own validity period, ranging from 6 to 24 months, with possible extensions in certain cases.
• Study: Visa holders may study, provided it does not interfere with their primary work role.

8. Pathways to Further Stay in the UK

The Temporary Work Visa itself is not a route to permanent settlement (Indefinite Leave to Remain). However, visa holders interested in extending their stay may explore other visa categories, such as the Skilled Worker Visa, which could lead to settlement if they meet the eligibility requirements.

Common Reasons for Refusal and Tips for Success

To avoid refusals, ensure that:

• The Certificate of Sponsorship is valid, accurate, and issued by a licensed sponsor.
• Financial requirements are met and properly documented.
• All information on the application form is accurate, and supporting documents are complete.

Temporary Work Visa Application Fees

The Temporary Worker visa application fees are as follows:

Visa type	Fee
Charity Worker visa	Application fee: £244Healthcare surcharge: £1035 per year (not payable for seasonal workers)Biometric fee: £19.20
Creative Worker visa
Government Authorised Exchange visa
International Agreement visa
Religious Worker visa
Seasonal Worker visa
Youth Mobility Scheme visa	Application fee: £244Healthcare surcharge: £776 per yearBiometric fee: £19.20
Graduate visa	Application fee: £700Healthcare surcharge: £1035 per yearBiometric fee: £19.20

How long does it take to apply for a temporary work visa?

In most cases, you can expect to receive a decision on your Temporary Worker visa application within 3 weeks if you are outside the UK or 8 weeks if you are inside the UK. Alternatively, you may wish to apply using the priority or super-priority application processing service. The priority service provides a decision within 5 working days for a fee of £500, and the super-priority service will provide a decision within 1 working day for a fee of £800. Not everyone can use these services; you will be advised if you can when you apply.

Temporary Work Visa Conditions

The following explains what you can and cannot do on your Temporary Worker visa:

Visa type	You Can	You Cannot
Charity Worker visa	StudyWork for your sponsor Do a second job up to 20 hours per week Bring your dependants with you	Claim public funds. Start your own business
Creative Worker visa	StudyWork for your sponsor Do a second job in the same sector at the same level up to 20 hours per week Do a job listed on the Skilled Worker shortage occupation list for up to 20 hours per week Bring your dependants with you	Receive any payment for work. Take a permanent job
Government Authorised Exchange visa	StudyWork for your sponsor Do a second job for up to 20 hours per week a job listed on the Skilled Worker shortage occupation list for up to 20 hours per week switch to a global talent visaBring your dependants with you	Receive any payment for work Claim public funds
International Agreement visa	StudyWork for your sponsor Do a job listed on the Skilled Worker shortage occupation list for up to 20 hours per weekBring your dependants with you	Claim public funds Start working before you receive your visa
Religious Worker visa	StudyWork for your sponsorDo a second job in the same sector at the same level up to 20 hours per weekDo a job listed on the Skilled Worker shortage occupation list for up to 20 hours per weekBring your dependants with you	Claim public funds
Seasonal Worker visa	Work (in the job stated on your application)Study	Have a permanent jobWork in a second job that is not included on your CoSClaim public fundsBring family to the UK
Youth Mobility Scheme visa	StudyWork in most jobsBe self-employed and set up a company (subject to certain conditions)	Work as a professional sportspersonFurther extend your stayclaim public fundsBring family members to the UK on your application – they can apply separately, however
Graduate visa	Work (in most jobs) including voluntary workActively look for workBe self-employedContinue living in the UK with your partner and children travel abroad and return to the UK	Claim public benefitsWork as a professional sportsperson

Switching to a long-term work visa

You may be able to switch to a long-term work visa in the UK. Switching means that you can apply for a different visa from within the UK without needing to leave the country. It is important to check which long-term visa types you can switch to. Some possible long-term visa options that you may be able to switch to include the:

• Skilled Worker visa (seasonal workers and domestic workers in a private household cannot switch to this visa type)
• Family visa (e.g. spouse visa or fiance visa)

It is important to note that to switch to a different type of visa, you must meet all of the eligibility requirements for your chosen route.

To check if you can switch to a different visa type from within the UK, and the options available to you, speak to our team of specialist immigration solicitors on 0203 918 3839.

Temporary Work Visa application refused

You may be able to request an Administrative Review if your Temporary Worker visa application is refused. This would be the recommended route if the Home Office made a mistake when refusing your visa application. Your decision letter will explain the options available to you. In any event, if your Temporary Worker visa application has been refused, it is important to act quickly, as in most cases, you will have a deadline to respond.

Your application may be refused for one (or more) of a number of reasons, including if:

• You do not meet the eligibility criteria
• The Home Office suspects your application is not genuine or you have been dishonest in the information you provided
• You have a criminal record
• You have not provided all of the documents and information requested
• You have not paid all of the required fees
• You have used the wrong application form

To lodge an Administrative Review, you will need to:

• Complete an online form within 28 days (if applying from outside the UK)
• Pay a fee of £80
• Explain the errors you believe have been made by the Home Office when deciding your case.

Applications for Administrative Reviews can take up to 6 months to be processed.

Alternatively, you may be able to consider applying for a Judicial Review, to challenge the legal basis for your refusal, or submitting a new application.

At Reiss Edwards, we specialize in quickly overturning Temporary Work visa refusals. We will assess the reason for the refusal and explain the best way forward to achieve your objectives. Speak to our team of specialist temporary work visa solicitors today on 0203 918 3839.

References

¹ GOV.UK: Authorised exchange schemes

² GOV.UK: Online application visa

³ GOV.UK: Graduate visa application