Immigration Rules

Immigration Rules Appendix T5 (Temporary Worker) Charity Worker

The Charity Worker route is for a person who wants to come to the UK to do voluntary work for no more than 12 months.

A dependent partner and dependent children can apply on this route.

The Charity Worker route is not a route to settlement.

Validity Requirements for a Charity Worker

  1. CW 1.1. A person applying for entry clearance or permission to stay as a Charity Worker must apply online on gov.uk on the specified form as follows:
    1. (a) for entry clearance, form “Tier 5 (Temporary Worker) visa – Charity Worker”; or
    2. (b) for permission to stay, form “Tier 5 (Temporary Worker) leave to remain”.
  2. CW 1.2. An application for entry clearance or permission to stay as a Charity Worker must meet all the following requirements:
    1. (a) any fee and Immigration Health Charge must have been paid; and
    2. (b) the applicant must have provided any required biometrics; and
    3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
    4. (d) the applicant must have a Certificate of Sponsorship that was issued to them no more than 3 months before the date of application.

CW 1.3. An applicant who is applying for permission to stay must have, or have last had, permission as a Charity Worker.

CW 1.4. An application which does not meet the validity requirements for a Charity Worker is invalid and may be rejected and not considered.

Suitability Requirements for a Charity Worker

CW 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

  1. CW 2.2. If applying for permission to stay the applicant must not be:
    1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
    2. (b) on immigration bail.

Eligibility requirements for a Charity Worker

Entry requirements for a Charity Worker

CW 3.1. A person seeking to come to the UK on the Charity Worker route must have applied for and obtained entry clearance as a Charity Worker before they arrive in the UK.

CW 3.2. A person applying for entry clearance as a Charity Worker must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

CW 3.3. An applicant for entry clearance must not have had permission as a Religious Worker or Charity Worker at any time during the 12 months immediately before the date of application unless they can show they were not in the UK at any time during those 12 months.

Sponsorship requirement for a Charity Worker

CW 4.1. The sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless the applicant was last granted permission as a Charity Worker and is applying to continue working for the same sponsor as in their last permission.

CW 4.2. The date of application must be no more than 3 months before the start date of the charity work, as stated in the Certificate of Sponsorship.

CW 4.3. The Certificate of Sponsorship must not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made void or withdrawn).

CW 4.4. The sponsor must not have withdrawn the offer of charity work since the Certificate of Sponsorship was issued.

CW 4.5. The Certificate of Sponsorship must include confirmation that the role meets the requirement at CW 6.1.

Genuineness requirement for a Charity Worker

  1. CW 5.1. The applicant must:
    1. (a) genuinely intend, and be able, to undertake the role for which they are being sponsored; and
    2. (b) not intend to undertake employment other than in the role for which they are being sponsored, or as otherwise permitted by paragraph CW 10.3.

Voluntary work requirement for a Charity Worker

  1. CW 6.1. The charity work the applicant is applying to do must meet all the following requirements:
    1. (a) it is voluntary fieldwork which contributes directly to the achievement or advancement of the sponsor’s charitable purpose; and
    2. (b) it must be voluntary work and not be paid or otherwise remunerated, including receipt of benefits in kind, except for reasonable expenses as defined in the National Minimum Wage Act 1998; and
    3. (c) the applicant must not be filling a permanent position, including on a temporary basis.

Financial Requirement for a Charity Worker

  1. CW 7.1. Either:
    1. (a) the applicant must have funds of at least £1,270; or
    2. (b) the applicant’s A rated sponsor must confirm on the Certificate of Sponsorship that they will, if it is necessary, maintain and accommodate the applicant up to the end of the first month of their employment for an amount of at least £1,270.

CW 7.2. If CW 7.1.(a) applies the applicant must show that they have held the required level of funds for a 28-day period and as specified in Appendix Finance.

  1. CW 8.1. If the applicant is aged under 18 they must have written consent from:
    1. (a) both parents; or
    2. (b) one parent, if that parent has sole legal responsibility for the applicant; or
    3. (c) the applicant’s legal guardian.
  2. CW 8.2. The written consent must confirm support for all of the following:
    1. (a) the application; and
    2. (b) the applicant’s living and care arrangements in the UK; and
    3. (c) if the application is for entry clearance, the applicant’s travel to, and reception arrangements in, the UK.

Decision on application for a Charity Worker

CW 9.1. If the decision maker is satisfied that all the suitability and eligibility requirements for the Charity Worker route are met, the application will be granted, otherwise the application will be refused.

CW 9.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period and conditions of grant for a Charity Worker

  1. CW 10.1. If the application is for entry clearance, the applicant will be granted either:
    1. (a) the period of the role on the Certificate of Sponsorship plus 14 days before and after; or
    2. (b) 12 months, whichever is shorter.
  2. CW 10.2 If the application is for permission to stay, the applicant will be granted either
    1. (a) the period of the role on the Certificate of Sponsorship plus 14 days; or
    2. (b) the difference between the period the applicant has already spent in the UK since their last grant of permission as a Charity Worker and 12 months, whichever is shorter.
  3. CW 10.3. The grant will be subject to all the following conditions:
    1. (a) no access to public funds; and
    2. (b) work is permitted only in the role the applicant is being sponsored for; and
    3. (c) voluntary work with another organisation is permitted; and
    4. (d) study is permitted, subject to the ATAS condition in Appendix ATAS; and
    5. (e) if Part 10 applies, the applicant will be required to register with the police.

Dependants on the Charity Worker route

Validity requirements for the dependent partner or child on the Charity Worker route

CW 11.1. A person applying for entry clearance or permission to stay as a dependent partner or child on the Charity Worker route must apply online on the gov.uk website on the specified form as follows:

Location of partner or child Specified form
Outside the UK Dependant partner visa
Dependant child visa
Inside the UK If applying at the same time as the main applicant, they can be added to the T5 (Temporary Worker) leave to remain form.
If applying separately:
• Dependant partner
• Dependant child
  1. CW 11.2. An application for entry clearance or permission to stay as a dependent partner or child on the Charity Worker route must meet all the following requirements:
    1. (a) any fee and Immigration Health Charge must have been paid; and
    2. (b) the applicant must have provided any required biometrics; and
    3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality.
  2. CW 11.3. An applicant who is applying for permission to stay must be in the UK and must not have, or have last been granted, permission:
    1. (a) as a Visitor; or
    2. (b) as a Short-term Student; or
    3. (c) as a Parent of a Child Student; or
    4. (d) as a Seasonal Worker; or
    5. (e) as a Domestic Worker in a Private Household; or
    6. (f) outside the Immigration Rules.

CW 11.4. An applicant who is applying as a dependent partner must be aged 18 or over on the date of application.

CW 11.5. An application which does not meet the validity requirements is invalid and may be rejected and not considered.

Suitability requirements for a dependent partner or dependent child on the Charity Worker route

CW 12.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

  1. CW 12.2. If applying for permission to stay the applicant must not be:
    1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
    2. (b) on immigration bail.

Eligibility requirements for a dependent partner and child of a person on the Charity Worker route

Entry requirement for a dependent partner and child of a person on the Charity Worker route

CW 13.1. A person seeking to come to the UK as a partner or child on the Charity Worker route must apply for and obtain entry clearance as a partner or child before they arrive in the UK.

CW 13.2. A person applying for entry clearance as a partner or child on the Charity Worker route must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Relationship requirements for a dependent partner on the Charity Worker route

  1. CW 14.1. The applicant must be the partner of a person (P) and one of the following must apply:
    1. (a) P has permission as a Charity Worker; or
    2. (b) P is, at the same time, applying for (and is granted) permission as a Charity Worker.
  2. CW 14.2. If the applicant and the Charity Worker are not married or in a civil partnership, all of the following requirements must be met:
    1. (a) they must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application; and
    2. (b) any previous relationship of the applicant or the Charity Worker with another person must have permanently broken down; and
    3. (c) the applicant and the Charity Worker must not be so closely related that they would not be allowed to marry or form a civil partnership in the UK.

CW 14.3. The relationship between the applicant and the Charity Worker must be genuine and subsisting.

CW 14.4. The applicant and the Charity Worker must intend to live together throughout the applicant’s stay in the UK.

Relationship requirement for a dependent child on the Charity Worker route

  1. CW 15.1. The applicant must be the child of a parent who has, or is at the same time being granted permission:
    1. (a) as a Charity Worker; or
    2. (b) as a partner of a Charity Worker.
  2. CW 15.2. The applicant’s parents must each be either applying at the same time as the applicant, or be present in the UK with permission (other than as a visitor) unless:
    1. (a) the parent applying for or with permission as a Charity Worker or as the partner of a Charity Worker is the sole surviving parent; or
    2. (b) the parent applying for or with permission as a Charity Worker or as the partner of a Charity Worker has sole responsibility for the child’s upbringing; or
    3. (c) the decision maker is satisfied that there are serious and compelling reasons to grant the child permission to come to, or stay in, the UK with the parent who has permission on the Charity Worker route.

CW 15.3. If the applicant does not meet the requirement at CW 15.2. they must have been born during the Charity Worker’s or their partner’s current period of permission and must provide a full birth certificate showing the names of both parents.

Care requirement for a dependent child of a person on the Charity Worker route

CW 16.1. If the applicant is under the age of 18 on the date of application there must be suitable arrangements for the child’s care and accommodation in the UK which must comply with relevant UK legislation and regulations.

Age requirement for a dependent child of a person on the Charity Worker route

CW 17.1. The applicant must be under the age of 18 at the date of application, unless they were last granted permission as a dependent child of the parent who has or is applying for entry clearance or permission to stay as a Charity Worker (regardless of the route under which the parent had permission at the time the child’s last permission was granted).

CW 17.2. If the applicant is aged 16 or over at the date of application, they must not be leading an independent life.

Financial requirement for a dependent partner or dependent child on the Charity Worker route

CW 18.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.

  1. CW 18.2. If an applicant is applying for entry clearance, or has been in the UK for less than 12 months at the date of application, either:
    1. (a) the applicant or the Charity Worker must have funds of at least:
      1. (i) £285 for a dependent partner in the UK or applying to come to the UK; and
      2. (ii) £315 for the first child in the UK or applying to come to the UK; and
      3. (iii) £200 for each additional child in the UK or applying to come to the UK; or
    2. (b) the Sponsor of the Charity Worker must confirm they will, if necessary, maintain and accommodate the dependent partner and dependent child for at least the sum in 18.2.(a).

CW 18.3. The funds must be in addition to the funds required for the Charity Worker to meet the financial requirement and the funds required for any dependant of the Charity Worker who is applying at the same time or is already in the UK as their dependant.

CW 18.4. If 18.2.(a) applies the funds must have held for a 28-day period and as specified in Appendix Finance.

Decision on application as a dependent partner or child of a person on the Charity Worker route

CW 19.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a dependant on the Charity Worker route are met the application will be granted, otherwise the application will be refused.

CW 19.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period and conditions of grant as a dependent partner or child of a person on the Charity Worker route

CW 20.1. A dependent partner will be granted permission which ends on the same date as their partner’s permission on the Charity Worker route.

CW 20.2. A dependent child will be granted permission which ends on the same date as whichever of their parents’ permission ends first.

  1. CW 20.3. The grant will be subject to the following conditions:
    1. (a) no access to public funds; and
    2. (b) work (including self-employment and voluntary work) is permitted except for employment as a professional sportsperson, including as a sports coach; and
    3. (c) study is permitted, subject to the ATAS condition in Appendix ATAS; and
    4. (d) if Part 10 applies, the applicant will be required to register with the police.