Introduction to the Religious Worker Visa Scheme

The Religious Worker Visa (T5 Temporary Worker) enables UK-based religious organisations to employ foreign nationals for temporary religious duties. This visa category is specifically designed for religious organisations requiring overseas staff for preaching, pastoral work, or non-pastoral duties within religious communities across the United Kingdom.

At Davenport Solicitors, our immigration specialists provide expert legal guidance throughout the sponsorship and visa application process, ensuring your organisation fully complies with UK Home Office regulations.

Understanding the Religious Worker Visa

The Religious Worker Visa is part of the T5 (Temporary Worker) route under the UK’s points-based immigration system. It permits religious organisations to sponsor overseas workers for temporary religious work for up to 24 months.

Suitable Roles for Religious Worker Visa Sponsorship:

• Religious assistants and helpers
• Religious community workers
• Religious teachers and scholars
• Participants in religious orders
• Missionaries and evangelists
• Non-pastoral positions within religious organisations
• Religious outreach workers

This visa is specifically designed for temporary roles; permanent positions must use the Minister of Religion visa route (T2).

Eligibility Requirements for Religious Workers

To qualify for a Religious Worker Visa, applicants must meet the following criteria:

• Have a genuine job offer from a licensed UK religious organisation.
• Possess a valid Certificate of Sponsorship (CoS) from their sponsor.
• Demonstrate at least 12 months of relevant religious work experience (if applying from within the UK)
• Intend to work in a genuine religious role that meets the Home Office criteria.
• Do not want to take a permanent ministerial position leading a congregation.
• Comply with all other immigration requirements set by the UK Home Office.

Required Documentation:

• Valid passport or travel document
• Certificate of Sponsorship (CoS) reference number
• Bank statements showing required maintenance funds
• Evidence of previous religious work experience
• TB test results (if applying from certain countries)
• Biometric information

Sponsorship Licence Requirements for Religious Organisations

Before sponsoring Religious Workers, your organisation must obtain a valid Temporary Worker sponsorship licence from the Home Office.

Sponsor Licence Application Process:

1. Complete the online sponsor licence application form.
2. Pay the appropriate licence fee (varies based on organisation size)
3. Submit supporting documentation proving:
   • Legal status as a religious organisation
   • Genuine need for overseas religious workers
   • Ability to fulfil sponsorship duties
4. Prepare for potential compliance visits from the Home Office.
5. Assign key personnel for sponsorship management:
   • Authorising Officer
   • Key Contact
   • Level 1 User(s)

Sponsor Licence Validity and Renewal:

• Licences are valid for 4 years.
• Renewal applications should be submitted before the expiry date.
• Maintaining an A-rating is essential for continued sponsorship.

Certificate of Sponsorship (CoS) Process

A Certificate of Sponsorship (CoS) is an electronic document that sponsors must issue to each Religious Worker before they can apply for their visa.

Key CoS Requirements:

• Each CoS must contain a unique reference number.
• The role must genuinely qualify as religious work.
• Sponsors must confirm that a settled worker cannot fill the role.
• Details must include:
  • Job description and duties
  • Work location(s)
  • Salary or stipend arrangements
  • Duration of employment
  • Confirmation of accommodation arrangements (if provided)
  • Statement regarding the genuine nature of the religious work

CoS Allocation and Assignment:

• Religious organisations receive an annual CoS allocation.
• Each CoS must be assigned through the Sponsorship Management System (SMS)
• CoS must be used within 3 months of issuance.
• Organisations can request additional CoS if their allocation is insufficient.

Religious Worker Visa Application Process – For Both Employers and Applicants

Employer/Sponsor Responsibilities:

• Ensure the sponsorship licence is valid and appropriate.
• Issue a Certificate of Sponsorship (CoS) to the worker.
• Provide necessary documentation and support.

Applicant/Worker Responsibilities:

• Complete the online visa application form.
• Pay the visa application fee
• Pay the Immigration Health Surcharge
• Upload supporting documents

Biometric Appointment (Applicant):

• Attend a Visa Application Centre to provide:
  • Fingerprints
  • Photograph
  • Signature

Decision Process:

• Application reviewed by Entry Clearance Officers
• Additional information may be requested
• A decision is typically issued within 3 weeks (standard service)

Post-Decision (Applicant):

• If approved, collect a Biometric Residence Permit within 10 days of arrival.
• Begin work with the sponsoring organisation.
• Comply with visa conditions throughout the stay.

Duration and Conditions of Stay

Visa Duration:

• Initial grant of up to 24 months
• Total time in the UK under this category cannot exceed 24 months.
• The visa is tied to the specific sponsor and role.

Key Conditions and Restrictions:

• Must work only for the sponsoring organisation in the specified role
• Cannot access public funds
• Must register with the police (if applicable)
• Cannot bring forward dependants unless they meet financial requirements
• Cannot switch to other visa categories from within the UK
• Cannot use this visa as a route to settlement
• Must leave the UK when the visa expires unless granted another form of leave

Rights and Restrictions for Religious Workers

Rights Under the Religious Worker Visa:

• Work for the sponsoring religious organisation
• Undertake supplementary work (up to 20 hours per week in the same sector)
• Study (providing it doesn’t interfere with the sponsored role)
• Travel abroad and return to the UK.
• Bring qualifying dependants (subject to financial requirements)
• Access NHS services (after paying the Immigration Health Surcharge)

Restrictions:

• Cannot take permanent employment
• Cannot work as a minister of religion leading a congregation
• Cannot switch to other visa categories while in the UK
• Cannot access public funds or benefits
• Cannot work in a role other than that specified on the CoS
• Cannot start work before obtaining the visa

Supplementary Work Permissions:

Religious Workers may undertake additional employment provided:

• It is within the same religious sector.
• It does not exceed 20 hours per week.
• It does not interfere with their primary sponsored role.
• The work is similar to the role described on their CoS.

Sponsor Compliance Duties and Record-Keeping

Religious organisations sponsoring workers have significant compliance responsibilities.

Monitoring and Reporting:

• Track attendance and absences
• Report unauthorised absences within 10 working days
• Report if the worker leaves employment early
• Notify the Home Office of significant changes to the worker’s role.
• Report breaches of visa conditions

Record-Keeping Requirements:

• Maintain copies of identity documents.
• Keep records of right-to-work checks.
• Store contact details for all sponsored workers
• Retain evidence of financial support provided
• Document all absences and attendance
• Keep records for the duration of employment plus one year.

Home Office Compliance Visits:

• Prepare for announced and unannounced visits.
• Ensure all records are readily accessible.
• Train key staff on compliance procedures
• Address any issues identified in previous visits.

Bringing Dependants to the UK

Religious Workers may bring qualifying dependants to the UK.

Eligible Dependants:

• Spouse or civil partner
• Unmarried partner (with evidence of 2+ years of cohabitation)
• Children under 18 years of age

Dependant Application Process:

• Each dependant must complete a separate application
• Pay the standard visa fee 
• Pay the Immigration Health Surcharge
• Provide evidence of a relationship with the principal applicant.
• Submit biometric information

Immigration Health Surcharge (IHS)

All Religious Worker Visa applicants and their dependants must pay the Immigration Health Surcharge.

Key IHS Information:

• Current rate: £1,035 per person per year
• Must be paid upfront for the entire visa duration
• Provides access to National Health Service (NHS) care
• Cannot be waived or reduced
• Calculated automatically during the online application process
• Non-refundable even if the visa application is refused
• Partially refunded if the visa is granted for a shorter period than requested.

Right-to-Work Checks for Religious Organisations

All UK employers, including religious organisations, must conduct right-to-work checks before employment begins.

Obtain Original Documents:

• Check the worker’s Biometric Residence Permit (BRP)
• Verify their digital immigration status (if applicable)

Verification Checks:

• Check that documents are genuine and unaltered.
• Verify that photographs and dates of birth are consistent.
• Ensure the documents are valid and current.
• Cross-reference names across all documents
• Verify that work permissions cover the intended role.

Record-Keeping:

• Make clear copies of all documents.
• Record the date the check was conducted.
• Store securely for the duration of employment plus two years.
• Conduct follow-up checks for time-limited permissions.

Online Checking Service:

• Use the Home Office online checking service where applicable.
• Retain the ‘share code’ and check the reference.

Differences Between Religious Workers and Minister of Religion Visas

Extending the Religious Worker Visa

The Religious Worker Visa cannot be extended beyond 24 months from within the UK. Workers must:

• Leave the UK when their visa expires.
• Wait at least 12 months before applying for another Religious Worker Visa.
• Apply for a different visa category if eligible (must be done from outside the UK)

How Davenport Solicitors Can Support Your Organisation

At Davenport Solicitors, our immigration specialists provide comprehensive support for religious organisations sponsoring overseas workers. Our services include sponsorship licence applications and renewals, Certificate of Sponsorship guidance, visa application assistance, compliance preparation, and strategic immigration planning. We offer specialised expertise in religious worker immigration, direct access to experienced solicitors, established Home Office relationships, and fixed fee packages with ongoing support throughout the sponsorship period.

Frequently Asked Questions (FAQs)

1. How long does it take to obtain a sponsorship licence?
   Standard applications typically take 8 weeks, though complex cases may take longer.
2. Can we sponsor multiple religious workers simultaneously?
   Yes, provided your CoS allocation is sufficient and each role meets the requirements.
3. What happens if our sponsored worker leaves early?
   You must report this to the Home Office within 10 working days. Their visa will be curtailed.
4. Can we sponsor someone already in the UK?
   Generally, Religious Worker visas cannot be switched from within the UK.
5. Do we need to advertise the role before sponsoring?
   While formal resident labour market testing is not required, you should be able to justify why a settled worker cannot fill the role.
6. Can Visa Applicants bring family on a Religious Worker Visa?
   Yes, eligible dependants can apply if they meet the financial requirements.
7. Can Visa Applicants study while on a Religious Worker Visa?
   Yes, provided it doesn’t interfere with your primary religious duties.
8. Can Visa Applicants switch to another visa category?
   No, you must leave the UK and apply for a different visa from abroad.
9. Can Visa Applicants volunteer for other organisations while on this visa?
   Yes, provided it’s genuine volunteering (not disguised employment) and doesn’t interfere with your primary role.