UK visa schemes

Tier 5 (Temporary Worker - Government Authorised Exchange) visa

The Tier 5 (Sponsored Researcher) Government Authorised Exchange (GAE) scheme enables researchers, including academics, researchers, scientists, research engineers or other skilled research technology specialists, to come to the UK on a temporary basis, where they are hosted at a UK higher education institution (HEI).

The activities that are permitted for sponsorship (for a maximum duration of 2 years) are:

  • A formal research project or collaboration
  • A period of work-based training/work experience/internship/placement
  • Skill development/knowledge transfer
  • A series of lectures, which doesn't amount to a formal teaching post
  • External examinations

The role must be over and above normal staffing requirements and would not be automatically refilled once the post holder leaves.

What are the restrictions

For sponsored researchers the following apply:

  • The individual must not fill a genuine vacancy in the UK workforce
  • Funding can come from any legitimate source, including from the University itself or a third party, but the individual cannot fund themselves.
  • The individual can be paid weekly / monthly / annually or in a single lump sum. There are no restrictions provided they are paid at national minimum wage rates.
  • The work must be skilled to at least level 3 on the National Qualification Framework (which is broadly defined as 'A level and above')
  • To confirm the skill level is appropriate, we must assign a relevant SOC Code to each Tier 5 application. In practice, as we can only appoint 'sponsored researchers' to Tier 5 roles, the SOC Code will never be anything other than PhD level.

What must a Tier 5 Sponsored Researcher provide to a host

An individual seeking to come to the University through the Tier 5 (GAE) route must first be issued a Certificate of Sponsorship (CoS) from the University. It is for the department, not the individual, to request a CoS. To apply for a Tier 5 CoS, departments should supply the following information and e-mail their request to hr-compliance@york.ac.uk for the attention of Keith Simpson or Kari Methven:

  • Tier 5 form (must be completed by hosting Department) - This should include a Summary of the proposed work to be carried out by the applicant during the visit. This should be a reasonably detailed, bulleted list of duties / tasks (approx. 1 page) as you would find in the duties section of a job description or project plan.
  • Department to agree the research collaboration in writing to the individual and / or Education Institution and submit a copy of this with the Tier 5 form.
  • Documentation which shows how the researcher was selected to take part in the supernumerary research. If no information can be provided, explain why not.

The timescales

To process a Tier 5 CoS, Departments should be aware that we require a minimum of 2 to 3 months from the point of receiving the initial Tier 5 form and additional information about the research collaboration, to the effective date of the individual arriving in the UK. During this time, the Compliance Team will contact the individual to confirm the process, request and verify specific documentation and apply for a Tier 5 CoS.

The individual must apply for a visa once a CoS is obtained. If a Tier 5 CoS is allocated we will inform the individual of the CoS reference number. Using this reference the individual must obtain entry clearance and a Tier 5 visa before arriving in the UK.

What are our sponsorship duties

To maintain our Sponsor Licence, the University must adhere to the required record keeping and reporting duties as per UK Visas & Immigration (UKVI) policy. These duties apply equally to individuals sponsored under Tier 5 (GAE), whether they are University employees or not.

These duties include:

  • Report any late arrivals
  • Ensuring individual leaves upon the end of their Sponsorship
  • Report if individual finishes their work / research before the original Sponsorship end date
  • Evidence of funds / allowances being paid to individuals eg bank statements (must match what's stated on the CoS)
  • Keep an update record personal / contact details and notified of any changes
  • HR will contact Departments on a fortnightly basis to request information on absences:
    • Dates of all annual leave
    • Dates of all sickness absence (of any duration)
    • Dates of overseas travel for work-related activities
    • Dates of unexplained or unauthorised absence
    • Dates of maternity, paternity or adoption leave
    • Special leave (eg compassionate leave)

    Should any of the above absences require reporting to UKVI, this must be done within 10 working days.