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What is the Tier 5 (Seasonal Worker) Visa?
This is one of the visas available under the Temporary Work routes and has replaced the old Tier 5 (Temporary Worker) Seasonal Worker route. The new visa allows migrants to come to the UK for seasonal work in horticulture only, such as for jobs involving the growing of fruit, vegetables or flowers. Poultry work is no longer applicable under this route.
What are the Eligibility Requirements?
To be eligible under this route, prospective applicants must:
- be over the age of 18;
- have sufficient funds to support themselves in the UK; and
- obtain a valid certificate of sponsorship (CoS).
Sufficient Funds
This requires applicants demonstrate that they have sufficient personal savings and are able to maintain themselves upon arrival to the UK. To do so, applicants will typically be required to have at least £1,270 in their bank account and demonstrate that they have had this money available for at least 28 days in a row. Day 28 must be within 31 days of applying for the Seasonal Worker visa.
Alternatively, applicants will not need to demonstrate sufficient funds if their sponsor agrees to cover the costs of their first month in the UK. If the sponsor does so, they must confirm this by marking the ‘sponsor certifies maintenance’ section on the applicant’s CoS.
Valid Certificate of Sponsorship (CoS)
For a CoS to be valid under the Seasonal Worker route, it must:
- confirm the applicant’s name and that they are being sponsored as a Seasonal Worker;
- include details of the job and salary that the sponsor is offering – the applicant must be paid at least £10.10 for each hour worked and the role must be in the horticulture sector;
- include a start date which is no more than three months after the date of the application;
- not have been used in a previous application which was either granted or refused (it can be used again if the previous application was invalid, made void or withdrawn by the applicant);
- not have been withdrawn by the sponsor or cancelled by the Home Office; and
- certify that the role meets all relevant legislation, such as the relevant Agricultural Wages Order rate where this applies and the Working Time Regulations.
How Long Can Seasonal Workers Stay in the UK?
Workers can come to the UK under this route for up to six months in one calendar year.
Who Can Sponsor Seasonal Workers?
Only approved scheme operators can sponsor Seasonal Workers. The 30,000 Seasonal Worker visa quota for 2022 is split between four approved operators. These are:
- Concordia Ltd
- Pro-Force Ltd
- Fruitful Jobs
- AG Recruitment and Management Ltd
How Can NA Law Solicitors Help?
Whether you’re a prospective Seasonal Worker or an employer wishing to recruit Seasonal Workers, NA Law Solicitors is here to help.
For those wishing to obtain a Seasonal Worker visa we can ensure a smooth process by contacting the preferred operator on your behalf and assisting with the subsequent application process.