Tier 5 Temporary Worker - International Agreement

(a) This route is for certain types of temporary worker whose entry helps to satisfy cultural, charitable, religious or international objectives, including volunteering and job shadowing.

(f) where the Certificate of Sponsorship Checking Service entry shows that the Certificate of Sponsorship has been issued in the International Agreement subcategory and the applicant is applying for entry clearance or leave to enter or remain for the purpose of work as a Contractual Service Supplier, or Independent Professional if either: (i) the work is pursuant to a contract to supply services to the sponsor in the Isle of Man by an overseas undertaking established on the territory of a party to the General Agreement on Trade in Services or a similar trade agreement which has been concluded between the EU and another party or parties and which is in force, and which has no commercial presence in the European Union;

(d) Where the Certificate of Sponsorship Checking Service reference records that the migrant is being sponsored in the international agreement subcategory of the Tier 5 (Temporary Worker) Migrant route as an overseas government employee, employee of an international organisation

109. A Certificate of Sponsorship reference number will only be considered to be valid if the number supplied links to a Certificate of Sponsorship Checking Service reference that names the applicant as the migrant and confirms that the Sponsor is sponsoring him as a Tier 5 (Temporary Worker) Migrant in the subcategory indicated by the migrant in his application for entry clearance or leave.

(iii) the sponsor has, through an open tendering procedure or other procedure which guarantees the bona fide character of the contract, awarded a services contract for a period not exceeding 12 months to the applicant’s employer; and (iv) the sponsor will be the final consumer of the services provided under that contract;

(v) the applicant is a national of the country in which the overseas undertaking is established; and (vi) where the applicant is a Contractual Service Supplier, he possesses: (1) a university degree or a technical qualification demonstrating knowledge of an equivalent level, and provides the original certificate of that qualification, except where (4) applies; (2) where they are required by any relevant law, regulations or requirements in force in the Isle of Man in order to exercise the activity in question, professional qualifications; (3) 3 years’ professional experience in the sector concerned, except where (4) applies;

(vii) where the applicant is a Contractual Service Supplier, he has been employed, and provides the specified documents in paragraph 111-SD to show that he has been employed, by the service supplier for a period of at least one year immediately prior to the date of application;

(viii) where the applicant is an Independent Professional, he possesses: (1) a university degree or a technical qualification demonstrating knowledge of an equivalent level, and provide the original certificate of that qualification, 178 Appendix A (2) where they are required by any relevant law, regulations or requirements in force in the Isle of Man in order to exercise the activity in question, professional qualifications; and (3) at least six years professional experience in the sector concerned;

(i) no recourse to public funds, (ii) [Omitted], (iii) no employment except: (1) unless paragraph (2) applies, working for the person who for the time being is the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do for that Sponsor, (2) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the Government Authorised Exchange subcategory of Tier 5 (Temporary Workers), the work, volunteering or job shadowing authorised by the Sponsor and that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do, (3) supplementary employment except in the case of a migrant whom the Certificate of Sponsorship records as being sponsored in the international agreement sub-category, to work as a Contractual service Supplier, or Independent Professional, and

(a) “Relevant Points Based System Migrant” means a migrant granted leave as a Tier 1 Migrant, or a Tier 5 (Temporary Worker) Migrant with leave in one of the following subcategories: (i) Tier 5 (Temporary Worker) Creative and Sporting (ii) Tier 5 (Temporary Worker) Charity Worker (iii) Tier 5 (Temporary Worker) Government Authorised Exchange (iv) Tier 5 (Temporary Worker) International Agreement

319A. This route is for the spouse, civil partner, unmarried or same-sex partner of a Relevant Points-Based System Migrant, and of a Relevant Worker Migrant.

(h) Where the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored as a Contractual Service Supplier, or Independent Professional in the International Agreement sub-category of the Tier 5 (Temporary Worker) Migrant route, the grant of leave to enter will not result in the applicant being granted leave to enter or remain as a Contractual Service Supplier, or Independent Professional under the International Agreement sub-category of the Tier 5 (Temporary Worker) Migrant route for a cumulative period exceeding 6 months in any 12 month period ending during the period of leave to enter requested.

(d) Where paragraph 245ZN(b) does not apply and the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored in the religious workers, government authorised exchange or, other than as a Contractual Service Supplier, in the international agreement subcategory of the Tier 5 (Temporary Worker) Migrant route, entry clearance will be granted for: (i) a period commencing 14 days before the beginning of the period of engagement and ending 14 days after the end of that period of engagement, or (ii) 2 years,

(e) Where paragraph 245ZN(b) does not apply and the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored as a Contractual Service Supplier, or Independent Professional in the International Agreement sub-category of the Tier 5 (Temporary Worker) Migrant route, entry clearance will be granted for: (i) a period commencing 14 days before the beginning of the period of engagement and ending 14 days after the end of that period of engagement, or (ii) 6 months,

(d) Where the Certificate of Sponsorship Checking Service reference records that the migrant is being sponsored in the international agreement subcategory of the Tier 5 (Temporary Worker) Migrant route as an overseas government employee, employee of an international organisation leave to remain will be granted for:

(i) the period of engagement plus 14 days, or (ii) 24 months, whichever of (i) or (ii) is the shorter, unless at the date of the application for leave to remain the applicant has spent more than 4 years continuously in the UK with leave as a Tier 5 (Temporary Worker) Migrant, in which case leave to remain will be granted for: (iii) the period of engagement plus 14 days, or (iv) a period equal to 6 years less X, where X is the period of time, beginning with the date on which the applicant was last granted entry clearance, leave to enter, or leave to remain as a Tier 5 (Temporary Worker) Migrant, that the applicant has already spent in the UK as a Tier 5 (Temporary Worker) Migrant

(b) The applicant must have spent a continuous period of 5 years lawfully in the Isle of Man with leave in the international agreement sub-category of Tier 5 and working as a private servant in a diplomatic household.