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The third tier of the
new points based UK visa service is designed to
cater for people immigrating to the UK in order to
perform temporary low skilled work. The new tiers
immigration service has replaced the Seasonal
Agricultural Workers Scheme (SAWS) and the Sectors
Based Scheme (SBS) and will grant leave to enter the
UK to migrants from countries with which an
effective returns arrangement with the United
Kingdom is in place.
Our UK immigration consultants can manage your
migration to the UK whichever tier visa is right for
you. As a specialist immigration consultancy, we can
assist you at every stage of your UK visa
application with qualified immigration lawyer advice
and on arrival services to help you adapt to living
and working in the UK.
Understanding tier visas
As with the old UK work permit visa structure, a
tier 3 visa application is a largely employer led
process. Like work permits, sponsoring companies in
the United Kingdom will be required to attempt to
source labour domestically before recruiting from a
wider base outside the EU. These UK visas for
immigration will be based upon the creation of low
skilled working schemes on an ad hoc basis when a
shortage is identified which cannot be dealt with by
the domestic workforce. The responsibility for
identifying such shortages will lie with the Skills
Advisory Body (SAB) and is intended to cater for the
fluctuating need for low skilled workers throughout
the year.
Entry to Britain as with tier 2 visas, tier 4 visas
and tier 5 visas, will require a certificate of
sponsorship as part of each application. With the
exception of tier 1 visas which replace the existing
Highly Skilled Migrant Programme or HSMP and offer
complete freedom to seek and undertake work in
Britain, all levels of the new system require such a
certificate of sponsorship from a sponsoring body.
In this case, the sponsor will be the operator of a
particular low skilled worker scheme and the
certificate will serve as confirmation that the
applicants immigrating to the UK will be bound by
the terms of the route.
Unlike a Tier 1 visa or a Tier 2 visa, applications
at this level do not constitute a route to
settlement and will not provide an opportunity to
apply for Indefinite Leave to Remain in the UK (ILR)
or permanent residency in the UK. Although intended
as a work visa, an application of this kind shares
attributes with a UK visit visa or travel visa in
that it is intended as a temporary arrangement and
does not offer any progression to permanent
residence or British naturalization as a UK citizen.
A visa for the third tier of the five tier
immigration system will be granted for a maximum of
12 months and applicants will be obliged to return
home at the end of this period.
Switching to other tiers is not permitted and
immigration visas of this kind do not make provision
for spouse immigration and dependent immigration.
Applicants living and working in Britain on this
temporary route will not be permitted to bring
dependents with them and whilst family immigration
routes such as the marriage visa, fiancé visa and De
facto visa, or unmarried partner visa will continue
to function independently of the new system, they
will not be relevant to applications of this kind.
Language
requirements:
Due to the temporary
nature of this tier, and emphasizing the difference
from the first two tiers as routes to settlement, no
standard English language requirement will be
imposed. Competency in the language is of more
importance to some industries than to others and
whilst language skills may be important in an
industry such as healthcare, in another such as
agriculture they may not be so relevant. To reflect
this, the appropriate level of English required in
any low skilled worker scheme will be determined by
the operator of an individual scheme who will also
ensure that any migrants brought to the country meet
that standard. |