Immigration Corner | When to apply for a Charity Worker visa

Dear Mr Bassie,

I have been asked to do some charity work in the UK and I would like to know if I should apply for a specific visa.

Thanks in advance for your assistance.

– CM

Dear CM,

Persons can apply for a Temporary Work – Charity Worker visa. To be eligible for this visa, persons must have a certificate of sponsorship reference number from a UK sponsor, and have enough money to support themselves in the UK. They will usually be required to have at least £1,270 available, unless they are exempt, and they should be 18 years old or over when applying.

SPONSORSHIP

Persons must have a certificate of sponsorship from a licensed employer before they can apply to go to the UK to work. The work they do in the UK must relate to the work of the sponsor organisation.

A certificate of sponsorship is a unique reference number that holds information about the job and the applicant’s personal details. It is not a certificate or paper document. The sponsor will provide the applicant with the certificate of sponsorship.

The sponsor must also give the applicant the information that was used on the certificate about their job, for example, expected working hours.

Please note that the sponsor must be recognised by the UK government to issue certificates of sponsorship. The certificate of sponsorship is valid for three months from the date it is assigned to the named individual.

FUNDS FOR SUPPORT

Persons must have at least £1,270 in their bank account to show that they are able to support themselves in the UK.

They will need to have had the money available for at least 28 days consecutively, and day 28 must be within 31 days of applying for this visa.

Persons will usually need to show proof of this when applying, unless either:

• They have been in the UK with a valid visa for at least 12 months; or

• The employer can cover their costs during the first month in the UK, up to £1,270.

The applicant’s partner and children will also need to prove they can support themselves while they are in the UK. To check how much they will need, persons are advised to read online ‘The guidance on financial evidence’ for more information about the money they need and how to prove it.

If the employer can support the applicant instead, the certificate of sponsorship must confirm this. The employer will need to complete the ‘sponsor certifies maintenance’ section on the certificate. This is under ‘Additional data’.

HOW LONG IT TAKES

Persons can apply for a visa up to three months before the day they are due to start work in the UK. This date is noted on the certificate of sponsorship.

As part of the application, they will need to prove their identity and provide their documents. They may need to allow extra time if they need an appointment to do this. The applicants will find out if they need extra time when they start their application.

GETTING A DECISION

Having applied online, proved their identity and provided the relevant documents, persons will usually get a decision on their visa within:

• Three weeks, if they are outside the UK;

• Eight weeks, if they are inside the UK.

Those persons who need to go to an appointment may be able to pay for a faster decision. How they do this depends on whether they are outside the UK or inside the UK.

THE COSTS

The applicant, partner or children will each need to:

• Pay the application fee

• Pay the healthcare surcharge, which is usually £624 per year – they can check how much they will have to pay

• To prove they have enough personal savings (as stated above)

Please note that the application fee for each person applying is £259 and the fee is the same whether they are applying from inside or outside the UK.

LENGTH OF STAY

Persons can stay for up to 12 months or the time given on their certificate of sponsorship plus 14 days, whichever is shorter. They can also enter the UK up to 14 days before the commencement date of the job.

WHAT PERSONS CAN AND CANNOT DO

With respect to what persons are permitted to do, persons can:

• Study – for some courses they will need an Academic Technology Approval Scheme certificate;

• Work for their sponsor in the job described in their certificate of sponsorship;

• Do a second job in the same sector at the same level as their main job for up to 20 hours per week;

• Do a job on the Skilled Worker shortage occupation list for up to 20 hours per week;

• Bring their partner and children, if they are eligible.

Persons cannot:

• Receive any payment for work;

• Take a permanent job;

• Get public funds.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, deputy global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com