If you were a strawberry farmer with no outside job, what medical insurance would you probably carry

Version 04/22

This document forms part of the collection ‘Workers and Temporary Workers: guidance for sponsors’. It provides information for approved scheme operators in the horticultural sector on how to sponsor a worker on the Seasonal Worker immigration route.

The Seasonal Worker route could also be used to sponsor workers undertaking specified pork butchery work, who can stay for up to 6 months, provided they applied by no later than 31 December 2021. These workers are no longer eligible to apply on this route.

This version of the guidance is valid from 6 April 2022.

About this guidance

This document provides information for approved scheme operators in the horticultural sector on how to sponsor an overseas worker on the Temporary Work - Seasonal Worker immigration route.

The Seasonal Worker route allows employers in the horticulture sector to source overseas workers to do seasonal work for up to 6 months through an approved scheme operator.

The route could also be used to sponsor workers undertaking specified pork butchery work, who can stay for up to 6 months, provided they applied for a visa by no later than 31 December 2021. These workers are no longer eligible to apply on this route.

The route was known as the T5 (Temporary Worker) Seasonal Worker route before 11 October 2021. For details of recent changes to the Immigration Rules, see Statement of Changes HC 1118 and Statement of Changes HC 1220 on GOV.UK. For previous versions of the Rules, see the Immigration Rules Archive on GOV.UK.

Other guidance you must read

To make sure you meet all of the relevant requirements and fulfil your sponsorship duties, you must read the following parts of the sponsor guidance, in addition to this document:

You can access all of these documents, and other information on sponsorship, on the Sponsorship: guidance for employers and educators page on GOV.UK.

This guidance is subject to change. If you have printed or downloaded a copy of this guidance, check the version number and date on GOV.UK to ensure you are using the most up-to-date version.

Glossary

There is a glossary of terms used throughout the sponsor guidance (including this document) at the beginning of Part 1: Apply for a licence.

In this document:

Horticulture sector

This means those growing:

• protected vegetables – those grown in glasshouse systems
• field vegetables – those grown outdoors, including vegetables, herbs, leafy salads and potatoes
• soft fruit – those grown outdoors or under cover e.g. in glasshouses or polytunnels. Includes strawberries, raspberries, blackcurrants, blueberries and all ribes and rubus species
• top fruit (orchard fruit) - trees that bear fruit e.g. apples, plums, cherries, apricots
• vine and bines – both twining or climbing flexible stems of certain plants, e.g. hops is a bine, and grapes is a vine
• mushrooms – typically covers agaricus bisporus species but can also include more exotic species; normally grown indoors
• bulbs and cut flowers, such as daffodils, grown outdoors and indoors
• pot plants, such as seasonal bedding plants like pansies, violas, germaniums and poinsettias
• hardy ornamental nursery stock such as Christmas trees, shrubs, roses, ornamental trees and perennials
• tree and forest nurseries

Specified pork butchery work

This means a butcher (occupation code 5431) involved in slaughtering and butchering pigs or preparing and processing pig meat.

For the role to be eligible under this route, the work must take place at a slaughterhouse, a processing site, or a farm.

Seasonal work

This means employment which fluctuates or is restricted according to the season or time of the year.

Seasonal Worker

This means a person who is applying for, or has been granted, entry clearance on the Seasonal Worker route; or who you are sponsoring, or intend to sponsor, on that route.

Seasonal Worker route

This means the route in Appendix Temporary Work – Seasonal Worker to the Immigration Rules. Where the context requires it, it can also mean:

• the route in Appendix T5 (Temporary Worker) Seasonal Worker in place between 1 December 2020 and 10 October 2021 inclusive; or
• the Seasonal Worker sub-category of the Tier 5 (Temporary Worker) route in Part 6A of the Rules in force before 1 December 2020

You can find previous versions of the Immigration Rules in the Immigration Rules Archive on GOV.UK.

If you think this guidance has factual errors or broken links, you can email .

If you have read this guidance, and the guidance referred to above, and you still have any queries, you can call us on 0300 123 4699 or email .

Version number and publication

Below is information on the version number of this guidance and when it was published:

• version 04/22
• published on 6 April 2022

Changes from last version of this guidance

This version replaces version 03/22 (published on 16 March 2022). The following changes have been made:

• the concession for ornamental horticulture has been removed, as these roles are now incorporated within the Immigration Rules for this route
• all references to haulage driving have been removed as these workers are no longer eligible for sponsorship.
• SE6: this section has been amended to:
  • remove references to assigning a CoS before 6 April
  • clarify that only guaranteed basic gross pay is included in the pay requirement
• other minor housekeeping changes

SE1. Sponsoring Seasonal Workers: overview

This section provides an overview of the Seasonal Worker route and the sponsorship requirements you must meet.

What is the Seasonal Worker route?

SE1.1. The Seasonal Worker route is used for workers aged 18 or over to come to the UK:

Note: the application periods for roles in pork butchery have now ended.

SE1.2. To sponsor a worker on this scheme, you must be an approved scheme operator which administers the scheme and acts as the licensed sponsor for any workers on the scheme.

SE1.3. This scheme for workers in the horticultural sector is subject to a quota of 30,000 for 2022. This quota can be used exclusively for workers with a Certificate of Sponsorship start date in that year. The Home Office are responsible for setting this quota and apportioning it to the scheme operators. You will not be permitted to exceed your allocated part of the quota.

Temporary visas were also made available for 800 workers undertaking specified pork butchery work, set by the Home Office, and split between the scheme operators. All visa applications for butchers must have been submitted by 31 December 2021. It is no longer possible to apply for a visa on this basis.

SE1.4. You can sponsor:

• Seasonal Workers in horticulture for a maximum period of 6 months’ employment in the UK in any 12-month period
• workers undertaking specified pork butchery work for up to 6 months

Note: the application periods for roles in pork butchery have now ended.

SE1.5. Seasonal Workers are not permitted to bring their family members (dependants) to the UK on this route.

SE1.6. You will need to sponsor any overseas national you wish to employ if they are not a ‘settled worker’ or do not otherwise have immigration permission to work for you in the UK. This includes most EU, EEA and Swiss nationals who arrived in the UK after 31 December 2020.

SE1.7. You do not have to sponsor certain categories of worker, including:

• Irish citizens (with very limited exceptions)
• EU, EEA and Swiss citizens (and their eligible family members) who have been granted status under the EU Settlement Scheme
• people with indefinite leave to enter or remain in the UK (also known as ‘settlement’)

SE1.8. This is not a complete list. For further information on who does, and does not, need sponsorship, see section S1 of Part 2: Sponsor a worker.

SE1.9. If you wish to sponsor a person on the Seasonal Worker route, you must:

SE2. How to get a Seasonal Worker sponsor licence

This section tells you about the requirements you must meet to be eligible for a Seasonal Worker sponsor licence.

Note: this section is for information only. Four overarching bodies (scheme operators) have been approved for a sponsor licence for this route. No further scheme operators will be issued with a sponsor licence on this route without prior approval to be a scheme operator.

General requirements

SE2.1. If you wish to sponsor a Seasonal Worker, you must hold a valid Temporary Worker sponsor licence for the Seasonal Worker route. If you do not already hold such a licence, you must apply for one by completing the online application form, paying the relevant application fee, and submitting the supporting evidence specified in Appendix A to the sponsor guidance.

SE2.2. Before applying for your licence, you should read:

• Part 1: Apply for a licence for detailed information on the general requirements and the application process
• this section for guidance specific to the Seasonal Worker route

Specific requirements for a Seasonal Worker licence

SE2.3. To be eligible to apply for a licence to sponsor Seasonal Workers you must be an overarching body (scheme operator) which is:

SE2.4. Individual employers and organisations are not eligible for a sponsor licence on this route, even if they are licensed as a sponsor on other routes.

SE2.5. The Home Office reserves the right to refuse a sponsor licence application, even where a DEFRA endorsement has been secured

How to keep your licence

SE2.6. If you are granted a licence, you must comply with all of your sponsor duties (including your additional responsibilities as an approved scheme operator). If you do not, we may take action against you, including:

• downgrading your licence rating
• suspending your licence
• revoking your licence
• reporting you to the police or other relevant authorities

SE2.7. For details, see Part 3: Sponsor duties and compliance.

SE3. Your responsibilities as an approved scheme operator

This section tells you about your responsibilities as an approved scheme operator on the Seasonal Worker route.

Overview

SE3.1. As an approved scheme operator, you have particular responsibilities towards your sponsored workers, including ensuring their welfare. These responsibilities are in addition to your general sponsor duties set out in Part 3: Sponsor duties and compliance.

SE3.2. You must fully comply with all the requirements in this section or we will take action against you, up to and including the revocation of your sponsor licence.

SE3.3. You are responsible for all of the workers you sponsor on this scheme. It is important that you work closely with the employers where your sponsored workers are placed. If you do not maintain a high standard of welfare and control – for example, if workers are not doing the work you said they would – we will take action against you.

Monitoring workers’ welfare

SE3.4. You must undertake robust and comprehensive monitoring of all the workers you sponsor in their workplace, including ensuring that:

• the workers’ work environment is safe and complies with relevant Health and Safety requirements
• employers take adequate steps to ensure workers understand Health and Safety procedures, including providing translations into the workers’ first language if required
• workers are treated fairly by their employer, including not penalising workers for failing to work at the fair piece rate
• workers are given an employment contract in their first language, as well as in English – these must not be zero-hours contracts
• workers are paid properly – this includes paying the minimum hourly rate, alongside satisfying relevant National Minimum Wage regulations, including those on fair rates for piece work, and holiday pay
• workers are allowed time off and proper breaks
• workers are made fully aware of procedures if they are sick or injured, including how to make a claim on any medical insurance they may have
• workers are provided with appropriate equipment to do their job safely and are not charged for it, including any replacements of worn and accidentally damaged items
• employers with whom you have placed workers do not impose additional, unnecessary charges on workers, whether directly or indirectly
• workers are housed in hygienic and safe accommodation that is in a good state of repair
• workers are not transported in unsafe vehicles
• workers are not threatened with, or subjected to, violence
• workers are not subject to any discrimination
• workers’ passports, travel documents or any other identity documents are not withheld from them
• procedures are in place to enable workers to report any concerns to you
• workers are made fully aware of the expectations on you and the employer, and how to report any concerns where those expectations are not met

SE3.5. You can find guidance on meeting these requirements in the Employing people and Agricultural workers’ rights pages on the GOV.UK website.

SE3.6. If you, the Home Office or any relevant outside agency (for example the Gangmasters and Labour Abuse Authority or the Health and Safety Executive) identify issues with a grower to whom you are supplying workers that impact the safety or wellbeing of the participating workers, these issues must be addressed immediately and, as appropriate, the participating workers transferred to an alternative grower.

If the worker wishes to change employer

SE3.7. You must establish a clear employer transfer pathway, including transparent criteria for making a transfer request and a process for considering such requests. This should be communicated to workers before they start to work on the farm.

SE3.8. You must not normally refuse requests from participating workers to change employers. Participating workers can change employers if they wish and must normally be allowed to do so, unless there are significant reasons not to permit this (for example, their visa will imminently expire and the duration of the necessary training requirements would make such a move impractical).

Additional requirements

SE3.9. You must not place any additional charges on participating workers, beyond the costs of administrating the scheme.

SE3.10. You cannot use the Seasonal Worker route to source your own labour needs.

SE3.11. You must not place workers at an employment business or agency.

SE3.12. You must only place workers with growers who have demonstrated to you that they are actively engaging with Jobcentre Plus to recruit UK based workers.

SE3.13. You must maintain full licensing with the Gangmasters Labour Abuse Authority at all times.

Compliance with visa requirements

SE3.14. You must satisfy yourself that any worker you sponsor on this scheme can meet the immigration requirements of this route and will comply with the conditions of their stay.

SE3.15. We will revoke your licence if, within any 12-month period, any of the following occur:

• fewer than 95 percent of your sponsored workers are granted entry clearance (a visa)
• 3 percent or more of your sponsored workers who obtain entry clearance (a visa) fail to arrive at their place of employment
• fewer than 97 percent of your sponsored workers who obtain entry clearance (a visa) leave the UK at the end of their permitted stay

SE3.16. See Annexes C1 to C3 of Part 3: Sponsor duties and compliance for a full list of reasons for which we can revoke a sponsor licence.

SE4. Immigration requirements for Seasonal Workers

This section tells you about the immigration requirements Seasonal Workers must meet and where you can find further information.

Overview

SE4.1. People who wish to come to the UK on the Seasonal Worker route must meet the requirements in Appendix Temporary Work - Seasonal Worker to the Immigration Rules.

SE4.2. These requirements include that the applicant:

SE4.3. This is not the full list of requirements – you must refer to the relevant Immigration Rules for these.

Financial requirement

SE4.4. The applicant must show they have enough funds to support themselves while they are in the UK.

SE4.5. You can certify this requirement is met when you assign a CoS to them (also known as ‘certifying maintenance’). Otherwise, the applicant must provide evidence of funds as specified in Appendix Finance to the Immigration Rules.

SE4.6. For further information, see section S7 of Part 2: Sponsor a worker.

Entry requirement

SE4.7. Applicants must apply for entry clearance (a visa) to be able to come to the UK on this route. If they arrive in the UK without the relevant visa, they will be refused entry, even if they otherwise meet the requirements.

Extension of permission and ‘switching’

SE4.8. Workers who entered the UK with a Seasonal Worker visa cannot apply for an extension of stay from within the UK.

SE4.9. Individuals who are in the UK on another immigration route are not permitted to ‘switch’ (change route) to the Seasonal Worker route. If you wish to sponsor a person on the Seasonal Worker route but they are in the UK on another route, they must leave the UK and apply for entry clearance from overseas.

How long Seasonal Workers can stay

SE4.10. If the applicant makes a successful application for entry clearance to work in the horticultural sector, they will be granted for whichever is the shorter of:

• the period of the role on the CoS plus 14 days before and after; or
• a maximum period of 6 months’ stay in the UK in any 12-month period

SE4.10A. If the applicant made a successful application for entry clearance to work in a role within the specified pork butchery work sector, they will have been granted for whichever is the shorter of:

• the period of the role on the CoS plus 14 days before and after; or
• 6 months

Note: it is no longer possible to apply under the provision referred to in paragraphs SE4.10A.

SE4.11. Applicants cannot be granted permission beyond the periods referred to above.

SE4.12. You can find more information about the Seasonal Worker route on the Temporary Worker – Seasonal Worker visa pages on GOV.UK.

SE4.13. You should also refer to sections S7 to S9 of Part 2: Sponsor a worker for further information on immigration requirements and conditions of stay.

SE5. Certificate of Sponsorship for Seasonal Workers

This section tells you how to assign a valid Certificate of Sponsorship on the Seasonal Worker route.

Overview

SE5.1. If you have followed all the rules in this guidance and you wish to sponsor a worker on the Seasonal Worker route, you must assign them a valid Certificate of Sponsorship (CoS), using your sponsorship management system (SMS) account.

SE5.2. Before assigning a CoS, you should satisfy yourself that the worker can meet the relevant immigration requirements.

SE5.3. You must be an A-rated sponsor – you cannot sponsor a person on the Seasonal Worker route if you are B-rated. For information on sponsor ratings, see Part 1: Apply for a licence.

SE5.4. For detailed information on what a CoS is, and how many you can assign, see section S2 of Part 2: Sponsor a worker.

SE5.5. You can find technical guidance on how to complete a CoS on GOV.UK: User manuals: sponsorship management system (SMS) – see in particular manual 8.

Fees

SE5.6. You must pay a fee for each CoS you assign – see the ‘UK visa fees’ page on GOV.UK for information on current fee levels.

Use of the CoS

SE5.7. Once you have assigned a CoS, the worker must use it to apply for entry clearance (a visa) within 3 months of the date the CoS was assigned.

SE5.8. If the CoS is not used by these dates, we may reject the worker’s application and not consider it. It is no longer possible to assign CoS for roles in the pork butchery sector.

SE5.9. The worker must not apply for entry clearance more than 3 months before the start date recorded on their CoS. If they do, we will refuse their application.

SE5.10. We will also refuse the application if the CoS:

• has been withdrawn by you or cancelled by the Home Office – see section S6 of Part 2: Sponsor a worker for information on when a CoS can be withdrawn or cancelled
• was used in a previous application that was refused

What the CoS must confirm

SE5.11. For a CoS to be valid, it must meet the relevant requirements set out in paragraphs SAW 4.1 to SAW 4.2 of Appendix Temporary Work - Seasonal Worker to the Immigration Rules.

SE5.12. By assigning a CoS on the Seasonal Worker route, you guarantee that the worker:

• is at least 18 years old
• will not establish a business in the UK
• will only take employment in a job permitted by this scheme, and with an employer approved by you in the horticultural sector
• will comply with the conditions of their entry clearance and will leave the UK when it expires – see the ‘Conditions of stay’ section of Part 2: sponsor a worker for further information

SE5.13. The CoS must confirm all of the following:

• that you are sponsoring the worker on the Seasonal Worker route
• the worker’s personal information (such as name, date of birth, nationality), passport details and contact details
• the start and end date of their employment – see ‘How long you can assign a CoS to a Seasonal Worker’
• total weekly hours of work, which must comply with the Working Time Regulations
• where the worker will carry out their employment – this should include their main work address and any other regular work addresses, if relevant
• whether the worker was sourced through an agent and, if so, details of that agent
• the job title
• the relevant occupation code (select from the drop-down list under ‘Job type’) – this must be an eligible occupation in the horticultural sector (note that the application deadline for roles in the pork butchery sector has now ended)
• the main duties of the role for which the worker is being sponsored
• details of the worker’s pay, which confirm the worker will be paid at least £10.10 for each hour they work, and any allowances or guaranteed bonuses – this must conform with all relevant legislation, such as the National Minimum Wage and the relevant Agricultural Wages Order rate where this applies
• whether you wish to certify maintenance for the worker

Salary for workers in the specified pork butchery work sector

SE5.13A. If you assigned a CoS to an applicant for specified pork butchery work, you must have confirmed on the CoS, and ensure they will continue to receive, a salary that equals or exceeds both of the following:

• £25,600 per year
• £10.10 per hour

SE5.13B. The salary referred to in paragraph SE5.13A only includes guaranteed basic gross pay (before income tax and including employee pension and national insurance contributions) and does not include other pay and benefits.

SE5.13C. If the applicant is being sponsored to work more than 48 hours a week, only the salary for the first 48 hours a week will be considered towards the salary threshold of £25,600 referred to in paragraph SE5.13A.

How long you can assign a CoS to a Seasonal Worker

SE5.14. You must not assign a CoS for longer than you need the worker or beyond the maximum period permitted by the scheme, up to 6 months in any 12-month period, including time spent working for another sponsor.

Note: you can no longer assign a CoS for roles in pork butchery.

SE5.15. You should always check with the worker if they have been in the UK during the last 12 months with another scheme operator to ensure that you do not sponsor them for longer than permitted. If you assign a CoS for longer than the permitted period, we will refuse the worker’s application. We will also speak to the Department for Environment, Food and Rural Affairs and ask them if they wish to continue endorsing your scheme. If they stop endorsing your scheme, we will revoke your sponsor licence.

SE5.16. For further information on entering start and end dates, see section S3 in Part 2: Sponsor a worker.

Reporting duties and record keeping

SE5.17. Once you have assigned a CoS to a worker, you must tell us if they fail to start their employment, are absent without permission, move to a different work location or there are any significant changes to the nature of their work or salary, or to your organisation. For full details of your reporting and other duties, see: Part 3: Sponsor duties and compliance.

SE5.18. You must also keep records for each worker you sponsor as specified in Appendix D to the sponsor guidance.

SE5.19. If you fail to meet these duties, we may revoke your sponsor licence.

SE6. Pay requirement for Seasonal Workers

SE6.1. you must confirm the worker you are sponsoring will be paid at least £10.10 for each hour they work.

SE6.2. The hourly rate only includes guaranteed basic gross pay (before income tax and including employee pension and national insurance contributions), and does not include other pay and benefits.

SE6.3. This rate is in line with the Skilled Worker minimum hourly pay requirement. The rate will be reviewed and updated regularly to reflect the latest available data.

SE6.4. If the amount the worker is paid below this rate, we will refuse their application for entry clearance.

SE6.5. If we grant permission to a sponsored worker, but later find that they have stopped receiving, or have never been paid, in line with this rate, we will take action against you – this could include revoking your sponsor licence.