Tier 5 temporary workers
Tier 5 of the points-based system includes a variety of routes for migrants wishing to come to the UK on a temporary basis. The routes of relevance to the University are for the Government Authorised Exchange Scheme (under which the University holds a license to sponsor visiting researchers, research interns, visiting lecturers and external examiners, under certain conditions), and the Youth Mobility Scheme (which does not require a Certificate of Sponsorship from the University). There is also an internship scheme which is run by an external organisation, which departments and colleges may wish to make use of for all other types of internships (i.e. non-research internships).
Please note that the University can only sponsor interns who are specifically coming to undertake research, and who meet the other normal requirements of the Tier 5 Temporary Worker route.
Genuine Tier 5 (Temporary Worker) Migrant Test
Please note that with effect from 1 October 2013 "genuineness" tests previously used to assess applicants under Tier 4 in certain circumstances have been introduced to assess those applying for entry clearance, leave to enter or leave to remain under the Tier 5 (Temporary Worker) subcategories (i.e. any new application to enter these categories made either overseas or from within the UK, and any application to extend under these categories) in order "... to tackle abuse on [sic] this route, while leaving genuine applicants unaffected".
The UK Border Agency state that:
... we must be satisfied that you genuinely intend to undertake, and are capable of undertaking, the role for which the Certificate of Sponsorship was assigned and you will not undertake employment in the UK other than that permitted by the entry clearance, leave to enter or leave to remain, should it be granted.
In order to assess "genuineness" the UK Border Agency may request additional information and evidence and/or request that you attend an interview and they state that:
In making the... assessment, we will base our decision on the balance of probabilities and may take into account your:
- knowledge of the role;
- relevant experience relative to skills required to do the role;
- knowledge of the Sponsor in the UK;
- explanation of how you were recruited;
- any other relevant information.
Switching from Tier 4 into Tier 5
With effect from 1 October 2013 Tier 4 student visa holders who have completed their studies are permitted to switch into Tier 5 for a period of up to 12 months in order to undertake an internship or postgraduate professional training/ work experience as long as they have:
- completed their studies and obtained a UK bachelors, masters degree, PGCE or PGDE; and
- are being sponsored to undertake an internship which is directly related to their qualification, or postgraduate training/ work experience which is required to obtain a professional qualification or registration in the same professional field as their qualification; and
- their employer does not intend to employ them at the end of the period in question (switching into Tier 2 from within the UK is not permitted after such a period).
The University's Tier 5 Sponsor Licence does not cover any training/ work experience schemes, hence, the relevant provision is for those wishing to undertake a research internship who could be sponsored by the University or those undertaking some other form of internship under the internship scheme which is run by an external organisation as detailed above. Tier 4 student visa holders seeking sponsorship from the University in order to undertake a research internship under the Tier 5 Temporary Worker route will need to provide evidence that they meet the above requirements as detailed in the Tier 5 CoS application process section.