Guidance

Workers and Temporary Workers: guidance for sponsors: sponsor a Charity Worker (accessible)

Updated 12 April 2023

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This publication is available at https://www.gov.uk/government/publications/workers-and-temporary-workers-guidance-for-sponsors-sponsor-a-charity-worker/workers-and-temporary-workers-guidance-for-sponsors-sponsor-a-charity-worker-accessible

This document forms part of the collection ‘Workers and Temporary Workers: guidance for sponsors’. It provides information for charitable organisations on how to sponsor an overseas national to come to the UK on the Charity Worker immigration route.

This version of the guidance is valid from 12 April 2023.

About this guidance

This document provides information for charitable organisations on how to sponsor a person on the Temporary Work – Charity Worker immigration route (the ‘Charity Worker route’).

This route is for overseas nationals who wish to come to the UK to do unpaid work for a charitable organisation for up to 12 months.

The Charity Worker route was known as the T5 (Temporary Worker) Charity Worker route before 11 October 2021.

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:

  • Part 1: Apply for a licence – this contains detailed information on how to apply for a sponsor licence and how we assess applications
  • Part 2: Sponsor a worker – this contains detailed information on how to sponsor Workers and Temporary Workers, including how to request and assign Certificates of Sponsorship, immigration requirements, and conditions of stay
  • Part 3: Sponsor duties and compliance – this contains detailed information about your duties as a licensed sponsor and the action we can take if you fail to meet these duties
  • any relevant annexes or appendices referred to in the above documents

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.

Terms used in this guidance:

Charity Worker

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

Charity Worker route

This means the route in Appendix Temporary Work – Charity Worker to the Immigration Rules. Where the context requires it, it can also refer to the predecessor routes:

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

See the Immigration Rules Archive on GOV.UK for previous versions of the Rules.

Contacts

If you think this guidance has factual errors or broken links, you can email BusinessHelpdesk@homeoffice.gov.uk.

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 BusinessHelpdesk@homeoffice.gov.uk.

Version number and publication

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

  • version 04/23
  • published on 12 April 2023

You can view previous versions of this guidance on the National Archives website.

Changes to this guidance

This version replaces version 04/22 (published on 11 April 2022). The guidance has been updated to reflect changes to the Immigration Rules that came into force on 12 April 2023, as set out in Statement of Changes HC 1160 (published on 9 March 2023); and to make some other minor amendments and clarifications. Details of the changes are set out below (paragraph numbers in square brackets refer to the previous version of this guidance where the paragraph number was different):

  • CHW1.5, CHW1.7, CHW2.1, CHW3.2: minor drafting amendments
  • CHW2.3: paragraph on adding the Charity Worker route to an existing licence added; subsequent paragraphs in this section renumbered accordingly
  • CHW2.10 [CHW2.9]: minor clarification for charitable organisations who are not required to register
  • CHW3.4: bullet point referring to National Minimum Wage and the Working Time Regulations added
  • CHW3.9 to CHW3.10: new paragraphs on compliance with National Minimum Wage and the Working Time Regulations; subsequent paragraphs in this section renumbered accordingly
  • CHW3.19 [CHW3.17]: sub-heading above paragraph amended for clarity
  • CHW3.23 to CHW3.24: new paragraphs on conditions of stay for Charity Workers (applicable to applications made on or after 12 April 2023); subsequent paragraphs in this section renumbered accordingly
  • CHW4.12: minor clarifications and reference to National Minimum Wage and the Working Time Regulations added
  • CHW4.13: sixth bullet point amended for clarity
  • throughout: hyperlinks updated or amended and other minor housekeeping changes

CHW1. Sponsoring a Charity Worker: overview

This section provides an overview of the Charity Worker route, the sponsorship requirements you must meet, and other ways voluntary workers can come to the UK.

What is the Charity Worker route?

CHW1.1. The Charity Worker route is for voluntary workers aged 18 or over who wish to come to the UK to do temporary unpaid charity work for a recognised charitable organisation. It does not include those doing paid work.

CHW1.2. Charity Workers can bring their family members (dependent partner and dependent children) to the UK, if they meet the relevant immigration requirements for dependants.

CHW1.3. 12 months is the maximum permitted period in the UK on this route. It is not a route to settlement.

Who needs to be sponsored on the Charity Worker route?

CHW1.4. You will need to sponsor any foreign national to do voluntary work for you 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.

CHW1.5. You do not have to sponsor certain categories of people, including:

  • Irish citizens (with very limited exceptions)
  • people 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’)

CHW1.6. 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.

What are the sponsorship requirements for Charity Workers?

CHW1.7. If you wish to sponsor a Charity Worker, you must:

Other ways voluntary workers can come to the UK

CHW1.8. People in the UK as Standard Visitors can do volunteering while visiting the UK, provided it lasts no more than 30 days in total and is for a charity that is registered with the Charity Commission for England and Wales, the Charity Commission for Northern Ireland, or the Scottish Charity Regulator.

CHW1.9. You should note that people who enter the UK as Visitors cannot ‘switch’ to the Charity Worker route while they are in the UK. If you decide you wish to sponsor such a person on the Charity Worker route, they will need to leave the UK and apply for entry clearance.

CHW2. How to get a Charity Worker sponsor licence

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

General requirements

CHW2.1. If you wish to sponsor a Charity Worker, you must hold a valid sponsor licence for the Charity 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.

CHW2.2. Before applying for your licence, you should read:

CHW2.3. If you already hold a valid licence to sponsor workers, but it does not include the Charity Worker route, you can apply to add this route to your existing licence. For further information on adding routes to your licence, see section L10 of Part 1: Apply for a licence.

CHW2.4. If you already hold a sponsor licence and it’s due to expire within the next 90 days, you should apply now to renew it. See section C5 of Part 3: Sponsor duties and compliance for guidance on renewing your licence.

Specific criteria for a Charity Worker licence

CHW2.5. In addition to the general requirements for a sponsor licence set out in Part 1: Apply for a licence, to be eligible for a Charity Worker sponsor licence you must be either:

  • a registered, an excepted or an exempt UK charity in line with the relevant charity legislation in force in your part of the UK; or
  • an ecclesiastical corporation, either corporation sole or body corporate, which has been established for charitable purposes

Evidence of your charitable status

CHW2.6. If you are registered with the Charity Commission for England and Wales, the Charity Commission for Northern Ireland, or the Scottish Charity Regulator, and you are applying for a licence under the same name under which you are registered, you do not need to send us proof of your registration – we will check this online.

CHW2.7. If you are applying under a different name to the one under which you are registered as a charity, you must either tell us the name under which you are registered so we can conduct our online check, or submit evidence of your registration.

CHW2.8. If you are a charity based in Northern Ireland, and you are not yet registered with the Charity Commission for Northern Ireland, you must send us proof that you have obtained charitable status for tax purposes from HMRC.

CHW2.9. If you are an ecclesiastical corporation (corporate sole or body corporate), you must send us proof that you are established for charitable purposes.

CHW2.10. If you are not registered according to the relevant charity legislation, you must provide with your application an explanation of why you are not registered – for example, if you are an excepted or exempt charity, or otherwise not required to register.

CHW2.11. If you are a school with Academy status, you do not need to send us any evidence of registration.

CHW2.12. You can find the relevant legislation for your part of the UK at the following links:

How to keep your licence

CHW2.13. If you are granted a licence, you must comply with all of your sponsor duties. If you do not, we may take action against you, including:

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

CHW2.14. For details, see Part 3: Sponsor duties and compliance.

CHW3. Immigration requirements for Charity Workers

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

Overview

CHW3.1. People who wish to come to the UK on the Charity Worker route must meet the requirements in Appendix Temporary Work - Charity Worker to the Immigration Rules.

CHW3.2. These requirements include that the applicant:

CHW3.3. This is not a full list of requirements – you must refer to the relevant Immigration Rules for these.

Eligible charity work

CHW3.4. You can only sponsor people on this route to do voluntary fieldwork directly related to the purpose of your charity. This means activities which:

CHW3.5. You must not use the Charity Worker route to sponsor workers who will be doing mainly routine activities, such as:

  • back-office administrative work
  • retail or other sales roles
  • fundraising
  • maintenance of your offices and other assets

CHW3.6. You must not use this route to sponsor workers to fill a permanent vacancy. For the avoidance of doubt, this includes sponsoring individuals on a temporary basis to fill a vacancy for which there is a permanent, ongoing need.

Payment and expenses

CHW3.7. You must not offer the individual any pay or remuneration, including benefits in kind, other than reasonable expenses as outlined in section 44 of the National Minimum Wage Act 1998.

CHW3.8. If we find out that you are paying or remunerating the individual otherwise than in accordance with section 44 of the National Minimum Wage Act, we will revoke your sponsor licence.

Compliance with National Minimum Wage and the Working Time Regulations

CHW3.9. The role you are sponsoring the worker for must comply with both the National Minimum Wage Regulations 2015 and the Working Time Regulations 1998 (to the extent either of those Regulations apply). We will refuse any application for entry clearance or permission where we have reasonable grounds to believe it does not. We will also consider revoking your sponsor licence if we find you are breaching these Regulations.

CHW3.10. For further information, see ‘Compliance with National Minimum Wage and the Working Time Regulations’ in section S4 of Part 2: Sponsor a worker.

Financial requirement

CHW3.11. The applicant must show they have enough funds to support themselves and any family members in the UK.

CHW3.12. If you are an A-rated sponsor, 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.

CHW3.13. For further information, see section S7 of Part 2: Sponsor a worker.

Age requirement

CHW3.14. All applicants applying on the Charity Worker route from 11 October 2021 must be aged at least 18 on the date of application.

CHW3.15. There was no minimum age requirement for applicants applying before 9 a.m. on 11 October 2021. If you are sponsoring a worker aged under 18 (where this was permitted when they applied for permission), you must have regard to your safeguarding children duty – see section L2 of Part 1: Apply for a licence for information on this requirement.

Entry requirement

CHW3.16. 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.

CHW3.17. If the applicant is applying for entry clearance, you should check they are not subject to the ‘cooling-off period’.

Extension of permission

CHW3.18. Those already in the UK with permission on the Charity Worker route can apply to extend their stay, up to the maximum permitted period of 12 months, if they meet the relevant requirements. See section S9 of Part 2: Sponsor a worker for further information on extension applications.

‘Switching’ to the Charity Worker route

CHW3.19. Individuals in the UK on another immigration route are not permitted to switch (change immigration category) to the Charity Worker route. If you wish to sponsor a person on the Charity 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 Charity Workers can stay

CHW3.20. If the applicant makes a successful application for entry clearance on the Charity Worker route, they will be granted for whichever is the shortest of:

  • the period of charity work stated on the CoS, plus up to 14 days before and 14 days after that period; or
  • 12 months

CHW3.21. If the applicant makes a successful application for permission to stay on the Charity Worker route, they will be granted for whichever is the shorter of:

  • the period of charity work stated on the CoS, plus 14 days; or
  • 12 months (including time already spent in the UK on this route)

CHW3.22. 12 months is the maximum period that a person can stay in the UK on the Charity Worker route. Once a person has completed the maximum period, they must leave the UK, unless they qualify to stay in the UK on another basis. If you wish to sponsor the person again as a Charity Worker, they will need to complete a ‘cooling-off period’ before they can return to the UK.

Conditions of stay: additional charity work

CHW3.23. A person granted permission as a Charity Worker is not permitted to take employment, other than:

  • the charity work for which they are being sponsored
  • additional charity work for another charitable organisation, provided it’s in the same role for which they’re being sponsored and meets the definition of eligible charity work

CHW3.24. For further information on conditions of stay, see section S8 of Part 2: Sponsor a worker.

Cooling-off period for Charity Workers

CHW3.25. Before you sponsor a Charity Worker who is applying for entry clearance (not permission to stay), you should check they are not subject to the ‘cooling-off’ period. If they are, we will refuse their application.

CHW3.26. The cooling-off period applies if, during the 12 months immediately before their application for entry clearance, the applicant was in the UK with permission on either the Charity Worker route or Religious Worker route (including their predecessor routes).

CHW3.27. If the cooling-off period applies, the applicant will not be eligible for a further grant of entry clearance in either route until 12 months have passed since either:

  • the date their last permission on either the Charity Worker or Religious Worker route expired
  • the date they last left the UK, if they can show this was earlier than the date their permission on the Charity Worker or Religious Worker route expired.

Further information

CHW3.28. You can find more information about the requirements for Charity Workers in the Temporary Work - Charity Worker pages on GOV.UK.

CHW3.29. You should also read sections S7 to S9 of Part 2: Sponsor a worker for further information on immigration requirements, conditions of stay, extension applications and change of employment applications.

CHW4. Certificate of Sponsorship for Charity Workers

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

Overview

CHW4.1. If you have followed all the rules in this guidance and you wish to sponsor a person on the Charity Worker route, you must assign them a valid Certificate of Sponsorship (CoS), using your sponsorship management system (SMS) account.

CHW4.2. Before assigning a CoS, you should satisfy yourself that the worker can meet the relevant immigration requirements.

CHW4.3. You cannot assign a CoS if you’re a B-rated sponsor, unless you sponsored the application which led to the worker’s last grant of permission and you’re continuing to sponsor them. In all other cases, you must have an A-rating. For information on sponsor ratings, see section L8 of Part 1: Apply for a licence.

CHW4.4. For detailed information on what a CoS is, and how many you can assign, see section S2 of Part 2: Sponsor a worker.

CHW4.5. You can find detailed technical guidance on how to assign a CoS on GOV.UK: User manuals: sponsorship management system (SMS) – see in particular manual 8.

Fees

CHW4.6. 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

CHW4.7. Once you have assigned a CoS, the worker must use it within 3 months to apply for:

  • entry clearance (a visa) if they are outside the UK
  • permission to stay if they are in the UK and eligible to extend their permission on the Charity Worker route

CHW4.8. If the CoS was issued more than 3 months before the date of application, we may reject their application and not consider it.

CHW4.9. The worker must not apply for a visa or permission to stay more than 3 months before the start date recorded on their CoS. If they do, we will refuse their application.

CHW4.10. 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 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

CHW4.11. For a CoS to be valid, it must meet the requirements of paragraphs CW 4.1 to CW 4.5 in Appendix Temporary Work - Charity Worker.

CHW4.12. By assigning a CoS to a Charity Worker, you guarantee that the worker:

  • will be doing eligible charity work which complies with National Minimum Wage and the Working Time Regulations
  • genuinely intends, and is able, to undertake the role for which they are being sponsored
  • does not intend to take employment other than:
  • will otherwise comply with the conditions of their permission to enter or stay – see section S8 of Part 2: Sponsor a worker for further information
  • will leave the UK when their permission ends unless they qualify for an extension of stay or permission on another immigration route

CHW4.13. The CoS must confirm all of the following:

  • that you are sponsoring the worker on the Charity 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 the charity work – see section S3 of Part 2: sponsor a worker for information on start and end dates
  • where the worker will carry out their charity work – this should include their main work address and any other regular work addresses, if relevant
  • whether you used an agent (such as a recruitment agency, employment business or other intermediary) to find the worker and, if so, details of that agent
  • the job title
  • the relevant occupation code for the role (choose from the drop-down list under ‘Job type’) – see Part 2: sponsor a worker for information on occupation codes
  • the main duties of the role for which the worker is being sponsored
  • whether you wish to certify maintenance for the worker (and, if relevant, their dependants) – you can only do this if you’re an A-rated sponsor
  • that there is no pay for the voluntary work (except reasonable expenses outlined in section 44 of the National Minimum Wage Act 1998)

Reporting duties and record keeping

CHW4.14. Once you have assigned a CoS to a worker, you must tell us if they fail to start their employment, are absent without permission, or there are any significant changes to the nature of their work, or to your organisation. For full details of your reporting and other duties, see: Part 3: Sponsor duties and compliance.

CHW4.15. You must also keep records for each worker you sponsor as specified in Appendix D to the sponsor guidance.

CHW4.16. If you fail to meet these duties, we may revoke your sponsor licence.

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