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Obtaining a Tier 3 Visa for the UK
Employment-based immigration within the United Kingdom falls within five different categories, which are termed ‘Tiers’. Of the five categories, Tier 3 visas are designed for use by people wishing to visit the UK for temporary unskilled work which is usually seasonal. Originally designed to replace the existing schemes for temporary work such as the SAWS (Seasonal Agricultural Workers Scheme) and SBS (Sectors Based Scheme), the Tier 3 category of visa has been suspended recently.
The UK government has decided to suspend allocation of the visa, as the country is able to recruit employees from within the European Union to fill spaces in unskilled seasonal positions.
Why has the Tier 3 visa been suspended?
According to the UK government, it is currently possible to meet the labour demands of employers for seasonal work. While this move has been criticised by many employers within the country, who do not believe it will be possible to fill roles purely with EU citizens and migrant workers. If this proves to be the case, it is likely that the government will reintroduce the Tier 3 visa system in the near future.
The limitations and restrictions of the Tier 3 visa
Tier 3 is a temporary migration scheme and migrants who fall under these tiers are not be able to switch to a different tier from within the UK. Each Tier within the system requires individual applicants to score a certain number of points before being allocated with their visa. The points for Tier 3 depend upon criteria which point to the individual being able to comply with the UK immigration requirements, focussing upon the likelihood of them returning home after their visa has expired.
Anyone who applies for the Tier 3 visa is required to have an employer who is prepared to sponsor their entry and stay within the UK. Employers wishing to bring workers over for seasonal roles must obtain a certificate giving them permission to recruit from beyond the EEU. In addition, the employer must be able to provide reassurance that the migrant is able to perform the job in question. Dependants are permitted under the Tier 3 visa system, accompanying the principal applicant for the visa.
One of the benefits of the Tier 3 visa is that workers applying for access to the UK do not need to demonstrate a sound grasp of the English language, as their role within the country will be as an unskilled, temporary employee.
The Tier 3 visa application process tends to be led by employers and organisations wishing to recruit through the sponsorship of migrant workers. All companies wishing to sponsor employers for roles need to demonstrate that they have tried to fill their vacant positions within the EU before seeking applicants from other countries. The UK Skills Advisory Body sets out the criteria for people coming to the UK on a Tier 3 visa basis, and defines shortage areas for employees which cannot be adequately filled by the domestic workforce.
