What is the UK Seasonal Worker Visa?
The UK has long been a hub for seasonal industries, such as food, farming and rural affairs. To meet the demands of these sectors and address labour shortages, the UK government has introduced the Seasonal Worker Visa scheme. The UK Seasonal Worker Visa is a temporary visa category designed specifically for individuals who wish to work in seasonal industries in the UK. It allows employers in eligible sectors to recruit overseas workers to fill temporary job vacancies that cannot be filled by the domestic workforce.
Who can sponsor Seasonal Workers in the UK?
Only UK employers who hold a Sponsor Licence for the Seasonal Worker route can hire and sponsor seasonal workers in the UK. If you do not have a sponsor licence, you’ll need to apply for one through the Home Office. WorkPermitCloud can assist with this.
If your current sponsor licence does not cover the Seasonal Worker route, you have the option to apply for an addition of this route to your existing licence. It is recommended to seek professional advice to ensure a smooth application process and avoid any potential mistakes that could arise.
Requirements for a Seasonal Worker Sponsor licence
To be eligible to apply for a licence to sponsor Seasonal Workers you must be an overarching body (scheme operator) which is:
◉ endorsed by the Department for Environment, Food and Rural Affairs (DEFRA) to be an approved scheme operator, and
◉ licensed by the Gangmasters and Labour Abuse Authority
Please note individual employers and organisations are not eligible for a sponsor licence on this route, even if you are licensed as a sponsor on other routes. If you intend to hire permanent skilled workers, we recommend referring to the Skilled Worker Route and obtaining a Skilled Worker sponsor license for that purpose.
How long can an employer sponsor a Seasonal Worker?
A licenced employer can sponsor a seasonal in horticulture for up to 6 months in the UK in any 12-month period. If you were to sponsor a seasonal worker in poultry production, you can only sponsor them from 2 October to 31 December in the same year.
Sponsor duties and compliance for Seasonal Worker sponsor
If you currently hold a sponsor license for the seasonal worker route, it's important to note that in addition to fulfilling the regular sponsor duties of record keeping and reporting, you will also have additional responsibilities as an approved scheme operator. Your additional responsibilities will be ensuring your seasonal workers’ welfare, you must follow the guidance on Employing people and Agricultural workers’ rights pages on the GOV.UK website.
Failure to comply with sponsor duties will result in sponsor licence down grading, suspension and revocation. Seeking professional advice to avoid risk. Contact WorkPermitCloud to maintain sponsor duties.
Your sponsor licence will be revoked 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
Monitoring Seasonal Worker’s welfare
According to the Home office guidance:
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
If the Seasonal Worker wishes to change employer
As a seasonal worker sponsor, you must establish a clear employer transfer pathway. This includes setting transparent criteria for transfer requests and implementing a process for evaluating such requests. It is important to communicate this pathway to workers before they commence work on the farm.
In general, you should not refuse requests from seasonal workers to change employers. Participating workers should have the freedom to switch employers if they desire, and this should typically be permitted unless there are substantial reasons not to allow such transfers.
Additional requirements for Seasonal worker sponsors
- ◉ You must not place any additional charges on participating workers, beyond the costs of administrating the scheme.
- ◉ You cannot use the Seasonal Worker route to source your own labour needs.
- ◉ You must not place workers at an employment business or agency.
- ◉ 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.
- ◉ You must maintain full licensing with the Gangmasters Labour Abuse Authority at all times.
- ◉ You must only sponsor workers in roles you have been endorsed by the Department for Environment, Food and Rural Affairs to offer.
To obtain a sponsor license for the seasonal worker route, employers must adhere to the guidance and fulfil the necessary requirements. Compliance with sponsor duties and additional responsibilities, such as monitoring workers' welfare, is essential. Employers should also be open to allowing workers to change employers, unless there are valid reasons not to permit such transfers. Seeking professional advice is crucial in navigating the complexities of the process, and WorkPermitcloud can provide valuable assistance in this regard.
Contact us today and experience the ease and convenience of our professional Sponsor Licence Application service.
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