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How do I sponsor a migrant worker?

An interview panel

Tier 5 (Temporary workers - government authorised exchange)

This page explains who can sponsor migrants under the Tier 5 (Temporary workers - government authorised exchange) category of the points-based system, and how the schemes work.

How the schemes work

Every exchange scheme must be administered by an overarching body. This overarching body will be the sponsor and will need to apply for a licence. The scheme and the overarching body must have the support of a UK government department or one of its executive agencies. The overarching body will issue certificates of sponsorship to migrants who meet the scheme's requirements.

Individual employers and organisations cannot sponsor migrants under the government authorised exchange category, even if they are licensed as sponsors under other tiers or other categories of Tier 5. The only exception to this is for higher educational institutions recruiting sponsored researchers (see below).

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The duties of government departments

The duties of government departments are set out below.

When deciding which exchange schemes to support, UK government departments will be expected to select schemes that meet the following requirements:

  • The exchange scheme must not harm the resident labour market. Migrants coming to the UK to take part in work experience schemes must not fill vacancies in the workforce and must do work that is additional to the employer's normal staffing requirements.
  • Any work the migrant undertakes must be skilled. Skilled work is equivalent to S/NVQ level 3 or above.
  • The employment must conform with all relevant UK and European legislation, such as the National Minimum Wage Act and the EC working hours directives.
  • The approved exchange scheme must include measures that protect it from being abused.

To show that a government department (or one of its executive agencies) supports the scheme, the relevant accounting officer must write a letter to the Chief Executive of the UK Border Agency, giving details of the overarching body that is running the scheme and officially confirming that:

  • the exchange scheme satisfies all the requirements that government departments (and their executive agencies) must follow when selecting schemes to support;
  • the exchange scheme will help the government department (or the executive agency) to deliver one or more of its public service agreement obligations as set out in the specific delivery agreement for the relevant public service agreement, or will contribute to the department's (or the executive agency's) wider objectives;
  • the government department (or the executive agency) is satisfied that the overarching body is capable of complying with its sponsor duties; and

  • the government department (or the executive agency) accepts that, if significant numbers of migrants under the exchange scheme break the Immigration Rules, we may end the scheme.

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The overarching body

The government department (or its relevant executive agency) must send a copy of the request letter and the letter of acceptance received from us to the overarching body that administers the scheme.

Once it has received these letters, the overarching body must make an online application for a sponsor licence and send in the necessary documents as listed in Appendix A of the full policy guidance, along with a copy of the letter received from us. If approved, the overarching body can act as the sponsor and issue certificates of sponsorship to migrants who meet the criteria.

(Government departments and their executive agencies, and higher education institutions recruiting sponsored researchers, will not need to submit any specific supporting documents relating to the government authorised exchange scheme if they are applying for a Tier 5 (Temporary workers - government authorised exchange) licence, or applying to add Tier 5 (Temporary workers - government authorised exchange) to their existing licence.)

When it assigns a certificate of sponsorship to a migrant, the sponsor (in most cases,  the overarching body) will be guaranteeing that the migrant:

  • is seeking entry to the UK to work or train here temporarily through an approved exchange scheme;
  • does not intend to extablish a business in the UK; and
  • meets the requirements of the individual exchange scheme.

You can download a list of approved schemes from the right side of this page.

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Sponsored researchers

Under the Tier 5 (Temporary workers - government authorised exchange) category:

  • A higher education institution can recruit sponsored researchers. It does not need to do so through an overarching body, nor have support for the recruitment from a government department, but it must already be licensed as a Tier 4 sponsor; and
  • A higher education institution can recruit a visiting academic who will give lectures, act as an examiner or work on a supernumerary research collaboration. 

If you are interested in setting up a government authorised exchange scheme and you have an enquiry, please email Tier5GAEenquiries@ukba.gsi.gov.uk.

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See also

Terms explained

  • S/NVQ level 3

    This refers to either the Scottish Vocational Qualification or the National Vocational Qualification at level 3. A qualification at this level is one that shows competence that involves the application of knowledge in a broad range of varied work activities performed in a wide variety of contexts, most of which are complex and non-routine. There is considerable responsibility and autonomy and control or guidance of others is often required.

All glossary terms

Policy & Law

Related documents

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