Introduction
The UK government introduced the Seasonal Worker Visa to address labour shortages in the horticulture and poultry production sectors. This visa allows foreign nationals to work temporarily in the UK for up to six months, providing essential support to the country’s agricultural industry. The need for seasonal workers arises primarily during peak farming and harvesting seasons when there is an increased demand for labour that cannot be met domestically.
At Axis Solicitors we will guide you at obtaining a seasonal Worker Visa that offers an opportunity for individuals from outside the UK to gain valuable work experience, earn an income, and contribute to the agricultural sector. Workers under this visa scheme are employed mainly in roles such as planting, maintaining, harvesting crops, and working with poultry. The visa aims to ensure that UK farmers and food producers have the workforce needed to meet production demands and maintain the stability of the food supply chain.
Eligibility Criteria
To apply for a Seasonal Worker Visa UK, applicants must meet specific eligibility requirements established by the UK government. These requirements are designed to ensure that only qualified individuals are allowed to work temporarily in the UK’s agricultural and poultry sectors. Failing to meet any of these criteria may result in a rejected application. Below is a detailed breakdown of the eligibility requirements:
1. Age Requirement
- Applicants must be at least 18 years old at the time of application.
- There is no upper age limit; however, the applicant must demonstrate they are physically and mentally capable of handling the demands of seasonal work.
- The work involved can be physically demanding, including long hours of standing, lifting, bending, and working outdoors in various weather conditions.
- Employers may request additional health and fitness assessments if the nature of the job requires it.
2. Job Offer from an Approved Sponsor
- To qualify for the Seasonal Worker Visa, the applicant must have a valid job offer from a UK-based employer who holds a valid sponsor licence issued by the UK Home Office.
- The employer must be listed on the official register of licensed sponsors, which ensures that they meet the UK’s legal requirements for hiring foreign workers.
- The job offer must be accompanied by a Certificate of Sponsorship (CoS), which includes:
- Job title and description of the role.
- Work location.
- Salary or pay rate.
- Duration of the contract.
- Any other relevant terms and conditions of employment.
- The job offer must be genuine, and the applicant must demonstrate that they have the skills and experience required for the position.
- If the sponsor’s licence is revoked at any time during the visa process, the application will be refused.
3. Type of Work
- The Seasonal Worker Visa only allows employment in specific industries:
- Horticulture – This includes work such as planting, maintaining, harvesting, and packaging crops, fruits, vegetables, flowers, and plants. Common roles include fruit pickers, vegetable packers, greenhouse workers, and field labourers.
- Poultry Production – This covers tasks related to raising, maintaining, and processing poultry. Typical roles include chicken catchers, farmhands, and processing plant workers. Poultry production work is only permitted between 2 October and 31 December each year to support increased demand during the holiday season.
- The visa does not permit work outside these specified industries. For example, work in dairy farming, fishing, or food processing outside of poultry production is not allowed.
- The visa is strictly for temporary employment, and applicants are expected to leave the UK once their work period ends.
4. Financial Requirement
Applicants must demonstrate that they have sufficient funds to support themselves during their stay in the UK. The financial requirement is as follows:
- The applicant must have at least £1,270 in their bank account at the time of application.
- The funds must have been held for at least 28 consecutive days before the application date.
- The bank statement must clearly show the applicant’s name, account number, and balance.
5. English Language Requirement
- Unlike other work visas like Skilled Worker Visa, the Seasonal Worker Visa does not have an English language requirement.
- However, applicants must have a basic understanding of English to:
- Follow health and safety instructions.
- Communicate with supervisors and co-workers.
- Handle emergency situations and seek help if needed.
- While formal English tests (such as IELTS) are not required, employers may conduct informal assessments to evaluate the applicant’s ability to understand work-related instructions.
6. Criminal Record Certificate
- Applicants must provide a criminal record certificate from any country where they have lived for 12 months or more in the last 10 years.
- The certificate should confirm that the applicant has no serious criminal convictions.
- Minor offences (such as traffic violations) may not lead to automatic refusal, but serious offences (e.g., violent crimes or drug-related offences) could result in the rejection of the application.
- If the applicant cannot provide a criminal record certificate due to circumstances beyond their control, they must provide an explanation and any alternative evidence available.
7. Health Requirement
- Applicants may need to undergo a tuberculosis (TB) test if they are applying from a country where TB testing is required for UK visa applications.
- The TB test must be carried out at a clinic approved by the UK Home Office.
- If the test result is positive, the applicant must receive medical treatment and test negative before proceeding with the application.
- Although not mandatory, applicants are encouraged to obtain health insurance to cover any medical treatment or emergencies while in the UK.
- If the applicant requires medical treatment from the NHS (National Health Service), they may need to pay the Immigration Health Surcharge (IHS) unless exempt.
8. Intention to Leave the UK
- Applicants must demonstrate that they intend to leave the UK at the end of their visa period.
- Evidence that supports this requirement includes:
- A return flight ticket or travel itinerary.
- Proof of employment, educational commitments, or family ties in their home country.
- A letter of intent confirming the applicant’s plan to return home after the work period ends.
- Failure to provide sufficient evidence may lead to doubts about the applicant’s intentions, potentially resulting in visa refusal.
Required Documents
To apply for a Seasonal Worker Visa UK, applicants must submit a comprehensive set of documents to support their application. Each document plays a crucial role in proving that the applicant meets the eligibility criteria and intends to comply with the visa conditions. Submitting incomplete or inaccurate documents can result in processing delays or visa refusal. Below is a detailed list of the required documents:
1. Valid Passport
- The applicant must provide a valid passport or another official travel document that confirms their identity and nationality.
- The passport must:
- Be valid for the entire duration of the applicant’s stay in the UK.
- Have at least one blank page for the visa stamp.
- Be undamaged and legible.
- If the passport is due to expire soon, the applicant is advised to renew it before applying for the visa.
- Any previous passports (especially those with prior UK visas) should be included to provide a complete travel history.
2. Certificate of Sponsorship (CoS)
- The Certificate of Sponsorship is issued by the UK employer (sponsor) and confirms the details of the job offer.
- The CoS is an electronic record, but the applicant must provide the unique reference number issued by the sponsor.
- The CoS must include:
- Full name and address of the employer.
- Job title and detailed description of the role.
- Salary or wage details.
- Work location and duration of employment.
- Confirmation that the job falls under the seasonal worker category.
- The CoS must not be older than 3 months at the time of the visa application.
- If the sponsor withdraws the CoS or their licence is revoked before the visa decision, the application will be refused.
3. Proof of Financial Means
Applicants must provide proof that they can financially support themselves during their stay in the UK. The following documents are accepted as proof of funds:
- Bank statement – Must clearly show the applicant’s name, account number, and balance for the last 28 consecutive days before the application date.
- Payslips – Recent payslips showing regular income.
- Letter from a financial institution – Must confirm the availability of funds.
- If the sponsor is covering the applicant’s expenses, a statement from the sponsor confirming this arrangement is required (this information should also be included in the CoS).
- The minimum financial requirement is £1,270 unless the sponsor has agreed to cover maintenance costs.
4. Criminal Record Certificate
- Applicants must provide a criminal record certificate from any country where they have lived for 12 months or more in the past 10 years.
- The certificate must be:
- Issued by the relevant government authority.
- Officially translated into English if not originally in English.
- If the applicant cannot provide a criminal record certificate, they must provide a written explanation and alternative evidence, such as police reports or court documents.
5. Tuberculosis (TB) Test Results
- Applicants from countries where TB testing is mandatory must provide a valid TB test certificate.
- The test must be conducted at a UK Home Office-approved clinic.
- The certificate must state that the applicant has tested negative for TB.
- If the result is positive, the applicant must undergo treatment and provide a new test certificate once cleared.
6. Proof of Return or Exit
Applicants must provide evidence that they intend to leave the UK at the end of their visa period. Acceptable proof includes:
- Return flight ticket – A confirmed ticket showing the departure date from the UK.
- Travel itinerary – Evidence of planned travel arrangements.
- Proof of ongoing commitments – Employment contracts, educational commitments, or family ties in the applicant’s home country.
- A written statement confirming the intention to leave the UK once the work period ends.
7. Employer’s Confirmation Letter
- A letter from the employer confirming that:
- The job offer is genuine and fits the seasonal work category.
- The terms of employment comply with UK employment laws.
- The employer holds a valid sponsor licence.
- The letter should also confirm the sponsor’s agreement to cover maintenance costs (if applicable).
8. Proof of Accommodation
- Applicants may need to provide proof of accommodation arrangements in the UK.
- This can include:
- A tenancy agreement or rental contract.
- A letter from the employer confirming that accommodation is provided.
- Evidence of payment or reservation for temporary housing.
- The accommodation must meet UK housing standards and provide adequate living conditions.
9. Additional Supporting Documents (If Applicable)
Depending on individual circumstances, applicants may need to provide additional documents such as:
- Marriage or birth certificates – If applying as a dependent or proving family ties.
- Educational or work experience certificates – To support the applicant’s qualifications for the role.
- Consent from parent or legal guardian – If the applicant is under 18 (though rare for this visa type).
Maintaining all the documents can prove to be challenging. For that we at Axis Solicitors are always ready to serve you. Contact Axis Solicitors today to schedule a consultation.
Application Process
Applying for a Seasonal Worker Visa UK involves several key steps, from preparing the necessary documents to attending a biometric appointment and waiting for a decision. Understanding the process thoroughly helps applicants avoid mistakes and ensures that the application is submitted correctly and on time. Below is a step-by-step guide on how to apply for a Seasonal Worker Visa:
1. Confirm Sponsorship and Job Offer
Before beginning the application, the applicant must secure a job offer from a UK employer who holds a valid sponsor licence for seasonal workers.
- The employer will issue a Certificate of Sponsorship (CoS) with a unique reference number.
- The job offer must meet the eligibility requirements for seasonal work and comply with UK employment laws.
- The CoS must be issued no more than 3 months before the visa application date.
2. Create a UK Visa and Immigration (UKVI) Account
Applicants need to create an online account with the UKVI portal. This is where the visa application will be submitted, and communication regarding the application will take place.
- Visit the official UK government visa application website.
- Create a secure account using personal details and an active email address.
- Ensure that the account information matches the details on the passport and other official documents.
3. Complete the Online Application Form
The next step is to fill out the online application form for a Seasonal Worker Visa.
- The form requires detailed personal information, including:
- Full name, date of birth, and nationality.
- Passport details (number, issue date, and expiry date).
- Job details, including the CoS reference number and employer information.
- Travel history, including any prior visits to the UK.
- Applicants must provide honest and accurate information to avoid delays or rejection.
- Any discrepancies between the application form and supporting documents can lead to refusal.
4. Pay the Visa Fee
Applicants must pay the applicable visa processing fee online at the time of application.
- The current fee for a Seasonal Worker Visa is £298.
- Payment can be made using a debit card, credit card, or other accepted payment methods.
- A confirmation receipt will be provided, which should be saved for reference.
5. Pay the Immigration Health Surcharge (If Applicable)
The Seasonal Worker Visa is exempt from the Immigration Health Surcharge. However, if the applicant switches to a different visa category while in the UK, the surcharge may apply.
6. Schedule and Attend a Biometric Appointment
After submitting the application and payment, the applicant must book a biometric appointment at a UK Visa Application Centre (VAC).
- During the appointment, the applicant will provide:
- Fingerprint scans.
- A digital photograph.
- Original supporting documents (if required).
- Applicants are advised to bring the following to the appointment:
- Appointment confirmation letter.
- Valid passport and copies of previous visas.
- Printed copy of the online application form and payment receipt.
- The biometric information will be used to create a Biometric Residence Permit (BRP) if the visa is approved.
7. Submit Supporting Documents
Supporting documents can be uploaded online or submitted in person during the biometric appointment.
- Documents should be:
- In English or officially translated into English.
- Clear and legible copies (if scanned or uploaded).
- The UKVI may request additional documents or clarification if necessary.
- Incomplete or incorrect submissions may delay processing times.
8. Track the Application Status
After the biometric appointment, the applicant can track the status of their visa application through the UKVI online portal.
- A reference number will be provided upon submission of the application.
- Regular updates are sent via email or SMS (if selected during the application).
9. Receive the Decision
The standard processing time for a Seasonal Worker Visa is approximately 3 weeks from the date of the biometric appointment.
- Possible outcomes include:
- Approval – The applicant will receive a visa vignette (sticker) in their passport.
- Refusal – The UKVI will provide a written explanation for the refusal.
- Request for Further Information – The UKVI may request additional documents or clarification before making a final decision.
- Successful applicants will receive instructions on collecting their Biometric Residence Permit (BRP) upon arrival in the UK.
10. Travel to the UK
Once the visa is approved, the applicant can travel to the UK and begin employment under the terms of the Seasonal Worker Visa.
- The visa will specify:
- The validity period of the visa.
- The employer and location where the applicant is authorised to work.
- Conditions of employment and any restrictions.
- The applicant must comply with all visa conditions and UK immigration laws during their stay.
Navigating through the application process can be troublesome. Contact Axis Solicitors today to schedule a consultation and take the first step towards securing your Seasonal Worker Visa.
Processing Time and Fees
Understanding the processing time and fees for the Seasonal Worker Visa UK is crucial for planning your application. The UK government has streamlined the visa application process to ensure that seasonal workers can enter the country in time for their work commitments. However, applicants should be prepared for potential delays due to high demand during peak seasons.
1. Processing Time
The standard processing time for a Seasonal Worker Visa depends on how the application is submitted and the availability of necessary supporting documents:
- Outside the UK:
- Most applications are processed within 3 weeks (15 working days) from the date of the biometric appointment or submission of identity documents using the UK Immigration: ID Check app.
- Some visa centres offer a priority service that allows applicants to receive a decision within 5 working days for an additional fee.
- A super priority service may be available at some locations, providing a decision within 24 hours for an extra fee.
- Delays:
- Applications may take longer if:
- Additional documentation is requested.
- The applicant has a history of criminal offences or immigration issues.
- The UK Visas and Immigration (UKVI) service experiences high volumes of applications.
- Applications may take longer if:
2. Application Fees
Applicants must pay a visa application fee when applying for the Seasonal Worker Visa. The fees are structured as follows:
- Application Fee: £259
- Priority Service Fee: £500 (optional – for a 5-day decision)
- Super Priority Service Fee: £1,000 (optional – for a 24-hour decision)
3. Immigration Health Surcharge (IHS)
Seasonal Worker Visa holders do not need to pay the Immigration Health Surcharge (IHS). This is because the visa duration is less than 6 months, which exempts the applicant from the surcharge.
4. Additional Costs
Applicants should also consider additional costs that may arise during the application process:
- Biometric Enrolment: Free at most visa centres, but some locations may charge an appointment fee.
- Travel and Accommodation: Costs incurred while attending biometric appointments or interviews.
- Translation and Certification: If any supporting documents are not in English or Welsh, applicants will need to pay for translation and certification services.
Frequently Asked Questions (FAQs)
1. What is the duration of a Seasonal Worker Visa?
- The Seasonal Worker Visa allows you to work in the UK for up to 6 months in a 12-month period.
- You must leave the UK once your visa expires unless you apply for another eligible visa.
2. Can I bring my family with me on a Seasonal Worker Visa?
- No, you cannot bring dependents (spouse, partner, or children) under the Seasonal Worker Visa.
- If your family members wish to join you, they will need to apply for a separate visa under a different category.
3. How long does it take to process a Seasonal Worker Visa application?
- The standard processing time is 3 weeks if you apply from outside the UK.
- You may be able to pay for expedited processing through the Priority Service or Super Priority Service for a faster decision.
4. What are the costs involved in applying for a Seasonal Worker Visa?
- Visa Application Fee: £259
- Healthcare Surcharge: Not required for the Seasonal Worker Visa.
- Additional costs may include travel expenses and document certification fees.
5. Can I extend my Seasonal Worker Visa?
- No, you cannot extend the Seasonal Worker Visa beyond 6 months.
- However, you may apply for a different visa category if you meet the eligibility criteria.
6. Can I switch to another visa while in the UK on a Seasonal Worker Visa?
- No, switching to another visa category from within the UK is not allowed under the Seasonal Worker Visa.
- You would need to leave the UK and apply for a new visa from your home country.
Contact Axis Solicitors for Expert Legal Assistance
If you need help with your Seasonal Worker Visa application or appealing a refusal, Axis Solicitors is here to assist you. Our experienced immigration solicitors have a deep understanding of UK immigration law and can provide tailored guidance to improve your chances of success.
Contact Axis Solicitors today to schedule a consultation and take the first step towards securing your Seasonal Worker Visa.