UK Seasonal Work Visa

What is the Seasonal Work Visa?

The Seasonal Worker visa is part of the temporary worker visa category, and it is designed to address the UK's high demand for labour during peak agricultural and poultry production periods. This visa route replaces the Temporary Worker - Seasonal Worker visa (T5).

The Seasonal Worker visa enables foreign workers to take on essential seasonal roles in the horticulture and poultry sectors, helping ensure timely harvests and production processes.

Visa holders must comply with conditions governing their stay and employment, ensuring fair treatment, safety, and adherence to UK regulations.

Quota

An annual quota limits the Seasonal Worker route. For 2024, this includes 47,000 visas, with 45,000 allocated to the horticulture sector and 2,000 for poultry production. Typical roles under this visa include fruit and vegetable picking, packing, and other farm-related tasks.

Horticulture

For jobs in horticulture, such as picking fruit, vegetables, or flowers, you can apply to come to the UK for up to six months. Under the seasonal worker visa, qualifying work for horticulture includes work related to:

• Protected Vegetables: Glasshouse-grown.
• Field Vegetables: Outdoor vegetables, herbs, leafy salads, potatoes.
• Soft Fruits: Covered or outdoor (e.g., strawberries, raspberries, blueberries).
• Top Fruit: Orchard fruit (e.g., apples, cherries).
• Vines/Bines: Climbing plants (e.g., grapes, hops).
• Mushrooms: Indoor, including Agaricus bisporus and exotics.
• Bulbs/Cut Flowers: Indoor/outdoor (e.g., daffodils).
• Pot Plants: Seasonal bedding plants.
• Ornamental Nursery Stock: Shrubs, roses, Christmas trees or ornamental trees.
• Tree/Forest Nurseries: Young tree stock.

Poultry

For poultry-related jobs, you can apply to come to the UK from 2 October to 31 December of the same year. The qualifying roles for poultry work are outlined in the table below.

Dependents

Under the Seasonal Worker Visa, family members or dependents cannot apply to join the visa holder in the UK. However, family members may explore other UK visa types and submit separate, independent applications if they seek permission to come to the UK.

Visa Pathway

The Seasonal Worker Visa does not lead to settlement in the UK. Time spent on this visa will not count towards Indefinite Leave to Remain or British Citizenship.

Eligibility Criteria

Sponsorship

Before you can apply, you must ensure that you have already secured a job with a valid sponsor licence from a company. This is required because in order to apply, you will need to obtain a certificate of sponsorship reference number from your UK sponsor.

If your employer does not yet have a sponsor licence or requires support in obtaining one, QC Immigration can help them assess eligibility and apply for one.

If you fall into any of the following groups, you do not need a visa to live or work in the UK:

• Irish citizens (with very limited exceptions).
• Individuals with settled status or pre-settled status under the EU Settlement Scheme.
• People with indefinite leave to enter or remain in the UK.

Salary Requirements

Your employer must ensure your job meets the UK minimum wage and weekly working hours requirements.

Financial Requirements

You must demonstrate that you have enough money to support yourself in the UK by maintaining at least £1,270 in your bank account for 28 consecutive days. Day 28 must fall within 31 days before your visa application. You must provide proof of this or show that your sponsor will cover your first month's costs, up to £1,270.

If your sponsor provides financial support, the sponsor must complete the “sponsor certifies maintenance” section on your Certificate of Sponsorship. This confirms they will cover your living costs during your first month in the UK, up to £1,270.

Documentation Requirements

When applying for your visa, you must provide several documents to confirm your identity, sponsorship, and financial means. The documentation requirements include:

• Certificate of Sponsorship
  • Your Certificate of Sponsorship (CoS) reference number will be provided by your sponsor.
• Identity and Nationality Documentation
  • A valid passport or national identity card.
  • A blank page is on your passport for your visa.
• Financial EvidenceIf you are self-funding, acceptable proof or accounts include:
  • Proof of sufficient personal savings to support yourself, such as recent bank statements, unless your Certificate of Sponsorship indicates that your sponsor will cover your costs.
  • Current, deposit, or savings accounts
  • Pension savings
  • Investment accounts (cash must be accessible immediately)
• Additional Documents
  • Certified translations for any non-English or non-Welsh documents (excluding your passport).
  • A tuberculosis test certificate is required if you are from a country that requires one.
  • You must not fall under the general grounds for refusal (e.g. having a criminal record).

Processing Times

After applying, verifying your identity, and submitting your documents, you will typically receive a visa decision within 3 weeks.

Priority Service

Depending on the country you are applying from, priority service may be available for an additional fee if you need faster processing.

Application Fees

The application fee is £298.

When to Apply

You can apply for a visa up to 3 months before the day you are due to start work in the UK. This date is listed on your certificate of sponsorship.

How to Apply for a Seasonal Worker Visa

All applications are made online via the UK government website. Before you start, you will need to:

• be over 18 at the time of application.
• ensure that you have a qualifying job offer from an A-rated Sponsor Licence holder, as they will provide the certificate of sponsorship required for your application. If you need to check the status of your employer, you can check them on the Register of Licenced Sponsors.
• check how you will provide your identity for the application process. This can be done either through the ‘UK Immigration: ID Check’ app or at a visa application centre.

The steps for applying are:

1. Obtain a valid certificate of sponsorship reference number and prepare documentation
2. Complete the Seasonal Worker online application form
3. Complete the application form
4. Upload documentation
5. Sign the declaration and pay the fee
6. If you have not already verified your identity during the application process, visit a visa application centre to provide fingerprints and photographs.
7. Await a decision from the Home Office

Successful Application

If your Seasonal Worker visa is granted, you can enter the UK up to 14 days before your job start date. You are permitted to stay in the UK for up to 6 months if working in horticulture or from 2 October to 31 December if working in poultry.

In the UK, you are only allowed to work the job specified in your Certificate of Sponsorship. You are also permitted to study during your stay.

When your visa expires, you are required to return to your home country. However, if you remain eligible, you may reapply for a new visa in future seasons.

Visa Restrictions

While in the UK on a Seasonal Worker visa, there are several restrictions:

• You cannot take on a permanent job.
• You are not allowed to work in a second job or any job not specified in your Certificate of Sponsorship.
• You cannot claim public funds or benefits.
• You are not permitted to bring family members with you.

Visa Extensions

It is not possible to extend a Seasonal Worker visa. However, you can reapply to work the following year or explore alternative visa options to enter into the UK.

Rejected Seasonal Worker Visa

If your Seasonal Worker visa application is refused, the refusal letter will outline the next steps you are available for. You may have the option to request an Administrative Review or submit a new application, as there is no cooling-off period before reapplying. Consulting an immigration lawyer, such as QC Immigration, can help you assess whether an Administrative Review is worthwhile.

Common Reasons for Refusal

Seasonal Worker visa refusals occur for various reasons. Some common ones include:

Insufficient Documentation

Missing, incomplete, or inaccurate documents, such as an invalid passport or inadequate evidence for meeting financial requirements, can lead to a visa refusal. Ensure all required documentation is complete and formatted correctly before submitting it to UK Visas and Immigration (UKVI).

Failure to Disclose Information

Full transparency about your employment, travel history, and previous visa applications is essential. Concealing or misrepresenting details can lead to rejection and legal consequences.

General Grounds for Refusal

Applications may be rejected based on general grounds, including prior immigration violations, criminal records, or national security concerns. Review these criteria to confirm your eligibility before applying.

Sponsoring Employer Requirements for the Seasonal Worker Route

Employers must ensure that sponsored workers meet all immigration requirements and adhere to additional standards as approved scheme operators to sponsor a worker under the Seasonal Worker route.

Approved Scheme Operator

Companies must hold a specific sponsor licence for the Seasonal Worker route, be endorsed by the Department for Environment, Food and Rural Affairs (DEFRA), and be licensed by the Gangmasters and Labour Abuse Authority. As approved scheme operators, companies are responsible for ensuring sponsored workers' welfare and fair treatment.

Welfare and Workplace Standards

Employers must actively monitor and maintain a safe, fair work environment for all sponsored workers. This includes:

• Ensuring a safe, compliant work environment, with Health and Safety instructions in the worker’s language if needed
• Guaranteeing fair pay, including minimum wage, piece rate compliance, and holiday pay
• Providing employment contracts in both English and the worker’s language, avoiding zero-hours contracts
• Ensuring safe, hygienic accommodation, secure transportation, and protection from violence, discrimination, and document withholding
• Establishing clear channels for workers to report concerns

Addressing Issues with Employers

Employers must act immediately on any concerns regarding worker safety or well-being at a grower’s site, potentially relocating affected workers if necessary.

Facilitating Employer Transfers

You must establish a straightforward transfer process and allow transfer requests unless there are significant reasons not to, such as visa expiration.

Sponsor Licence Compliance

Sponsors must have qualified key personnel to manage the licence, handle tasks such as assigning Certificates of Sponsorship (CoS), maintain worker records, report changes, and ensure compliance with all requirements.

Licence Maintenance

Once granted a licence, sponsors must comply with all duties or risk licence suspension, downgrading, or revocation.

Get Help With a Seasonal Worker Visa Application

The Seasonal Worker visa route is ideal for foreign nationals looking to work temporarily in the UK’s horticulture and poultry sectors. Once you secure a job offer and Certificate of Sponsorship from an approved employer, QC Immigration can assist with your application to help avoid visa refusal.

Our team of immigration lawyers will guide you through eligibility checks, the application process, document preparation, and understanding your rights and responsibilities once your visa is approved. To discuss your case, arrange an immigration consultation with us today.