Immigration Rules Appendix Temporary Work - Seasonal Worker

The Seasonal Worker route is for a person who wants to come to the UK to do seasonal horticulture work or poultry production work.

The Seasonal Worker route is for a person who wants to come to the UK to do seasonal horticulture work or poultry production work. A person on the Seasonal Worker route can stay for a maximum period of six months in any 12-month period if they are working in a role in the horticulture sector and if they are a poultry production worker they can stay for a period of time beginning no earlier than 2 October and ending no later than 31 December each year.

A partner and children are not permitted to apply as dependants on this route.

The Seasonal Worker route is not a route to settlement.

Validity requirements for a Seasonal Worker

SAW 1.1. A person applying for entry clearance as a Seasonal Worker must apply online on gov.uk on the specified form as follows:

Applicant Specified form
EEA national with a chipped passport Either:
• Temporary Worker using the UK Immigration: ID Check app; or
• the forms listed below for applicants outside or inside the UK (as relevant)
Applicants outside the UK Temporary Worker visa
  1. SAW 1.2. An application for entry clearance as a Seasonal Worker must meet all the following requirements:
    1. (a) any fee 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.

SAW 1.3. The applicant must be aged 18 or over on the date of application.

SAW1.3ZA. If the Certificate of Sponsorship confirms that the role is in the poultry production sector, the date of application must be on or before 15 November in each year.

SAW 1.3A. DELETED.

SAW 1.3B. DELETED.

SAW 1.3C. DELETED.

SAW 1.4. An application which does not meet all the validity requirements for the Seasonal Worker route may be rejected as invalid and not considered.

Suitability requirements for a Seasonal Worker

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

Eligibility requirements for a Seasonal Worker

Entry requirements for a Seasonal Worker

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

Certificate of Sponsorship requirement for a Seasonal Worker

  1. SAW 4.1. The applicant must have a Certificate of Sponsorship for the job they are planning to do, which must:
    1. (a) confirm the applicant’s name, that they are being sponsored as a Seasonal Worker, details of the job and salary the sponsor is offering them; and
    2. (b) include a start date, stated by the sponsor, which is no more than three months after the date of application; and
    3. (c) 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); and
    4. (d) not have been withdrawn by the sponsor or cancelled by the Home Office; and
    5. (e) confirm that the role conforms with all relevant legislation, such as the relevant Agricultural Wages Order rate where this applies, and the Working Time Regulations; and
    6. (f) confirm that they are employed in either the horticulture or the poultry production sector. Work in in the horticulture sector means those growing:
      1. (i) Protected Vegetables – those grown in glasshouse systems; or
      2. (ii) Field Vegetables – those grown outdoors, including vegetables, herbs, leafy salads and potatoes; or
      3. (iii) 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; or
      4. (iv) Top Fruit (Orchard Fruit) - trees that bear fruit e.g. apples, plums, cherries, apricots; or
      5. (v) Vine and Bines – both twining or climbing flexible stems of certain plants, e.g. hops is a bine, and grapes is a vine; or
      6. (vi) Mushrooms – typically covers Agaricus bisporus species but can also include more exotic species (typically grown indoors); or
      7. (vii) Bulbs and cut flowers, such as daffodils, grown outdoors and indoors; or
      8. (viii) Pot plants, such as seasonal bedding plants like pansies, violas, geraniums and poinsettias; or
      9. (ix) Hardy ornamental nursery stock such as Christmas trees, shrubs, roses, ornamental trees and perennials; or
      10. (x) Tree and forest nurseries.
    7. Work in the poultry production sector means undertaking one of the following roles:
      1. (i) Butcher (SOC 2020 occupation code 5431); or
      2. (ii) Bird/game dresser (SOC 2020 occupation code 5433); or
      3. (iii) Killer and plucker (SOC 2020 occupation code 5433); or
      4. (iv) Plucker (SOC 2020 occupation code 5433); or
      5. (v) Poulterer (SOC 2020 occupation code 5433); or
      6. (vi) Poultry processor (SOC 2020 occupation code 5433); or
      7. (vii) Poultry sticker (SOC 2020 occupation code 5433); or
      8. (viii) Trusser (SOC 2020 occupation code 5433); or
      9. (ix) Food operative (SOC 2020 occupation code 8111); or
      10. (x) Poultry catcher/handler (SOC 2020 occupation code 9111); or
      11. (xi) Poultry vaccinator (SOC 2020 occupation code 9119); or
      12. (xii) Poultry meat packer (SOC 2020 occupation code 9132); and
  2. (g) confirm either:
    1. (i) if the applicant is being sponsored in the horticulture sector or under SOC 2020 occupation code 8111, 9111, 9119 or 9132 in the poultry production sector, they will be paid at least £11.44 for each hour worked and receive at least 32 hours pay each week; or
    2. (ii) if the applicant is being sponsored under SOC 2020 occupation code 5431 or 5433 in the poultry production sector, they will be paid at least £15.88 for each hour worked and £38,700 per year.

SAW4.1A. 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 (such as those listed in SW 14.2).

SAW 4.1B. DELETED.

SAW 4.1C. If the applicant is being sponsored to work more than 48 hours a week, subject to SAW 4.1D, only the salary for the first 48 hours a week will be considered towards the salary threshold of £38,700.

  1. SAW 4.1D. If the applicant is being sponsored to work a pattern where the regular hours are not the same each week, resulting in uneven pay:
    1. (a) work in excess of 48 hours in some weeks can be considered towards the salary threshold of £38,700, providing the average over a regular cycle (which can be less than, but not more than, 17 weeks) is not more than 48 hours a week; and
    2. (b) any unpaid rest weeks will count towards the average when considering whether the salary thresholds are met; and
    3. (c) any unpaid rest weeks will not count as absences from employment for the purpose of paragraph 9.30.1. in Part 9 of these rules.
  2. For example, an applicant who works a pattern of 60 hours a week for £20 per hour for two weeks, followed by an unpaid rest week, will be considered to work 40 hours a week on average and have a salary of £41,600 (£20 x 40 x 52) per year.
  1. SAW 4.2. The Certificate of Sponsorship must have been issued by a sponsor who:
    1. (a) is listed as A-rated on the Home Office’s register of licensed sponsors; and
    2. (b) has an endorsement from the Department for Environment, Food and Rural Affairs in relation to the Seasonal Worker route; and
    3. (c) is licensed by the Gangmasters and Labour Abuse Authority.

SAW 4.3. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do does not comply with the National Minimum Wage Regulations or the Working Time Regulations.

Financial requirement for a Seasonal Worker

  1. SAW 5.1. 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.

SAW 5.2. If SAW 5.1.(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.

Decision on application for a Seasonal Worker

SAW 6.1. If the decision maker is satisfied that all the suitability and eligibility requirements are met for a Seasonal Worker, the application will be granted, otherwise the application will be refused.

SAW 6.2. 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 Seasonal Worker

  1. SAW 7.1. The applicant will be granted permission as follows:
    1. (a) if the role is in the horticulture sector, for whichever is the shortest of either:
      1. (i) a maximum period of 6 months in any 12-month period, or
      2. (ii) the period of the job on the Certificate of Sponsorship plus 14 days before and 14 days after that period; or
    2. (b) if the role is in the poultry production sector, for whichever is the shortest of either:
      1. (i) the period commencing on 2 October and ending on 31 December in the year on which the application is submitted (inclusive); or
      2. (ii) the period of the job on the Certificate of Sponsorship plus 14 days before and 14 days after that period.

SAW 7.1A. DELETED.

SAW 7.1B. DELETED.

SAW 7.1C. DELETED.

  1. SAW 7.2. 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) study is permitted, subject to the ATAS condition in Appendix ATAS.
    4. (d) DELETED.