Seasonal workers - NewEuropeans UK %

Working in the UK

This guide is for seasonal migrant workers who take temporary work in agriculture. You may take the work as a migrant with granted Pre-Settled Status or as a Seasonal Worker Visa holder (Tier 5).

You are provided with an overview of your rights and support information for your stay in the UK.

The guide was co-produced by New Europeans UK in collaboration with the School of Sociology and Social Policy University of Leeds, COMPAS University of Oxford.

The guide was co-produced by New Europeans UK in collaboration with the School of Sociology and Social Policy University of Leeds, COMPAS University of Oxford.

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Working in the UK: Q&A with Christopher Benn

We developed a series of videos in collaboration with Seraphus to answer some freqently asked questions around seasonal work in the UK and the Seasonal Worker Visa (Tier 5).

I am a seasonal worker visa holder

This leaflet aims to inform migrant agricultural workers in the UK employed under the Seasonal Workers’ visa scheme about their rights while working in the UK on a Tier 5 visa.

The information below is specifically for workers who are working in the UK on a Seasonal Worker Visa (Tier 5).

🟢 you can

stay in the UK and work for the period that is described in your certificate of sponsorship
return and re-apply for a similar visa if you want to return for seasonal work another year or if you are interested in another visa for UK

🟢 safety and protection

you have an equal right to protection from physical harm, injury, assault, and abuse as every other person in the UK
if you are a victim of a serious crime or abuse, or you fear you may be imminently harmed, you should call the police on 999 for immediate help and protection

🟢 employment rights

you have a right to national minimum wage
you have a right to reasonable, comfortable and safe accommodation provided by your employer

❌ you can’t

take a permanent job
work in a second job that isn’t described in your certificate of sponsorship
get public funds (such as housing benefit, income support or Universal Credit from the UK government)
bring family members with you
switch into other immigration route while being in the UK
remain in the UK after your visa expires (your visa is usually valid for 6 months)*

*you can reapply, but you must make your application when you are back in your country of origin

🟡 health care

in case of urgent medical assistance, you can use accident and emergency services, whether provided at an A&E unit, or elsewhere, up until the point the patient is accepted as an inpatient or given an outpatient appointment
where charges do apply, urgent hospital treatment can never be withheld if someone cannot pay
it is recommened arranging a private health insurance to cover your stay in the UK

For 2021, there are 4 certified operators to bring workers under the Seasonal Worker Visa (Tier 5):

Concordia (YSV)
Pro-Force
AG Recruitment
Fruitful Jobs

I am a seasonal worker with granted Pre-Settled Status

The information below is specifically for workers who have been granted Pre- Settled Status. This would mean you lived in the UK by 31 December 2020.

🟢 you can

work in the UK
access the NHS
enrol in education or continue studying
you can change your employer
you can look for a job while you are in the UK
you have right to live in the UK for 5 years
travel in and out of the UK
have limited access to public funds (subject to change)
bring certain family members to live in the UK
– spouse, civil partner, durable partner, child, grandchild, great-grandchild, parents, grand parent, great-grand parent (including those of spouse or civil partner)
– dependent relative (including in some cases, of the spouse or civil partner)

🟡 view and prove your status

you will need

passport/ID/biometric card number that you applied with
date of birth
email address or mobile telephone number you applied with

after viewing your status, you can create a share code which is a code that you can provide to your landlord, employer etc.

entitlement to settled status (indefinite leave to remain) means

you completed a continuous qualifying period of 5 years in the UK
you must have been resident in the UK for at least 6 months in every 12-month period
one longer single absence of up to 12 months is permitted, but only for an important reason (listed as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting or, in some cases due to the COVID-19 pandemic)

>> in some cases, absences that exceed 12 months because of the COVID-19 pandemic may also be accepted.

any absence from the UK because of military service or the Crown service does not break your qualifying residence even if this absence exceeds 12 months

🟡 losing your pre-settled status

absences of 2 years or more cause Pre-Settled Status to be automatically cancelled
however, if you hold Pre-Settled Status and want to be granted Settled Status in the future you cannot be absent for a period of up to 2 years as your continuous residence in the UK will be broken by the long absence
if you are not eligible for Settled Status because you have broken your continuous residence, you will be expected to leave the UK before your Pre-Settled Status expires unless you can apply for a different type of UK immigration status
if you want to get Settled Status in the future, please disregard the rule that permits you to retain your Pre-Settled Status if you are outside the UK for up to 2 years

Permitted absences due to COVID-19:

a single absence of up to 12 months related to COVID-19 will be accepted as an important reason
you can write a statement or letter with your application explaining this when you submit your application
a single absence of more than 12 months related to COVID-19
you need to show that you could not return or that you were advised not to return (by your employer, doctor; for example, had COVID-19 or must isolate)